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Victim of Greed (Worker)     09 April 2014

Citations of divorce granted for women left house on her own

Hello Experts,


Are there any citations on divorce granted if women left the house on its own ?

Actually, she had declared in social cell that she had left the house on her own and she do not want to come back as I had told her to live jointly with my parents.. Just to extract money from me, she has filed false DV case after 3.5 years of living seperately and me filing divorce petition, where she had claimed that she was been forcibly removed from the house.

Also, to add that she does not have any evidence to prove such incidents.

Awaiting for your response. Thanks in advance !!!



Learning

 18 Replies

M.Sheik Mohammed Ali (advocate)     09 April 2014

you can search at WWW.indiankanoon.org

 

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     09 April 2014

No divorce possible  since statement before police or  outside court  is no evidence.

 

Even other wise you have to pay maintenance even after divorce.

 

Fight your DV cased properly otherwise any monetary order will be life long cancer.

Victim of Greed (Worker)     10 April 2014

Dear Mr. Laxminarayan,

No divorce possible  since statement before police or  outside court  is no evidence.

 

She has declared that i had told her to live jointly with my parents but she did not want to come back, in her complaint lodged at Social Cell and Local Police Station (duly signed by the police-in-charge and submitted by herself in the list of documents).

Even other wise you have to pay maintenance even after divorce.

How on earth can you say that I would have to give her maintenance even after divorce ? Then what is the use of getting divorce if she would have to shell out money even after getting divorce ? Am sure your clients might be mostly women... and not men.

As per my knowledge, there is no law to tell you to maintain her once you are granted divorce.

You are giving me wrong advice. If not, please elaborate your statement !!!

We men are helpless with this law and order but that never mean you should misguide us.

Victim of Greed (Worker)     10 April 2014

How on earth can you say that I would have to give her maintenance even after divorce ? Then what is the use of getting divorce if I would have to shell out money even after getting divorce ? Am sure your clients might be mostly women... and not men.

As per my knowledge, there is no law to tell you to maintain her once you are granted divorce.

ravi (Other)     14 April 2014

Does the girl need to prove that she was forced out of the house or her word is taken as evidence ?

I need guidance now. (Harassed by Wife and her family)     14 April 2014

No need to pay maintainance to woman who leave martimonial hame on her own. peove it she left on her own.

 

https://indiandivorceattorney.wordpress.com/2012/12/24/no-alimony-to-women-who-deserted-her-husband/

 

read above link

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com)     14 April 2014

YOU ARE GETTING FREE ADVICE ON THIS FORUM SO NO NEED TO BE RUDE IF YOU DO NOT LIKE THE ADVICE.

 

AND MANY PEOPLE LIKE ABOVE GIVING ADVICE WITHOUT KNOWLEDGE OF LAW AND ACTUAL PRACTICE.

 

IN YOUR ARROGANCE YOU WILL SUFFER LIFE LONG SINCE ONCE MAINTENANCE IS GRANTED YOU HAVE TO GO ON PAYING OR GO TO JAIL.

 

FOR FIRST QUERY THAT DIVORCE LADY NEED NOT BE PAID PLEASE READ THE LAW :-

 

125. Order for maintenance of wives, children and parents.

 

(1) If any person having sufficient means neglects or refuses to maintain-

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

1. Subs. by Act 45 of 1978, s. 12, for" Chief Judicial Magistrate" (w. e. f, 18- 12- 1978 ).

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct: Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means. Explanation.- For the purposes of this Chapter,-

(a) " minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875 ); is deemed not to have attained his majority;

(b) " wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.

(2) Such allowance shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance.

(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month' s allowances remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due: Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such

Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing. Explanation.- If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife' s refusal to live with him.

 

1 Like

I need guidance now. (Harassed by Wife and her family)     14 April 2014

Hello My Yedanand..

 

Thanks for advising well by the above details.

 

i agree the details you have provided above are as per the LAW. Could you kindly let me know what kind of law do you all follow. era has changed there is more of false dowry cases than actual once.. more no of husbands are comiting suside than women getting herrrased.. and LAW keepers like you are sucking people's money and there life behind these unfair law and order.. do u have dare to fight for the right cause.. 

 

Taking dowry or harasing for dowry is wrong and illegal.. could you justify the missuse of law by women to extract allimony or compensation.. there are cases where SC and HC hav held compensation for women.. you cant extract money from a person who is nothing for himself or u cant claim compensation under some claws. please do study the law again and drop your advice. if some one is in fear try to giv him confidance of living rathr than putting him confusion...

 

Thanks for scaring us. we do know LAW... 

ravi (Other)     14 April 2014

How to prove that she left the house on her own or how can she prove that she was told to leave the house ?  

In any case, does it make a difference ?

I need guidance now. (Harassed by Wife and her family)     14 April 2014

Collect evidances... people who saw it. things she said to u or others.. if recoreded would be very good source. a notice served to her.. FIR if filed.. collect as much as u can to prove.. (KINDLY DONOT CREATE)

Gautam Kapoor ( )     15 April 2014

@VOM and TOLITTU
The sad part of the story is that you still need to pay maintenance even after divorce if she is unable to maintain herself. There are SC citations that says thay a deserting spouse is not entitled to maintenance and if you are to prove wilful desertion then you can get some relief. If you have a child, compulsarily you need to maintain him.No other GO.
This is a ongoing sad saga. Consult a good lawyer who can can advise you accordingly on your case.

 

Fight the DV case on merits showing 3.5 yrs of NON COHABITION

I need guidance now. (Harassed by Wife and her family)     15 April 2014

@ GK

 

Good advice .. and i think the purpose of this thread is fulfilled by what u said..

 

thanks for framing it in right way

Victim of Greed (Worker)     15 April 2014

Thanks for all your inputs !! But i guess my query is left unanswered. All i plead you experts is for any citations of divorce granted for woman has deserted husband / left the house on her own. I would request you all for a quick response as i have to file my written argument on this weekend. I humbly request you !! Hope you understand.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     18 June 2014

If the wife leaves the matrimonial home without any genuine reason, the husband can get divorce and if the wife leaves her matrimonial home as per her own she is not entitled to get maintenance. Besides that if she is enough qualified to earn for herself and she had ever worked for gain, even then she is not entitled to get maintenance. For further detail u can contact me at 9871158578


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