wife avoiding divorce

WHY SHE WILL LOSE HER ATM CARD ( THE HUSBAND) ?

WHEN MCD NOT POSSIBLE, THE OPTION OPEN IS FILE A CASE UNDER SEC 13 HMA OR PRAY RCR.

RCR IS TIME TAKING BUT GOOD IN STRATEGY. IF SHE DO NOT COME, SHE WILL LOSE HER MAINTENANCE, ALSO RCR PROVIDES DIVORCE AT THE END.

AS YOU INDICATED THE SAID WIFE IS A DRAMATIST, SHE MAY COME FOR A WHILE AFTER GETTING RCR NOTICE,  THEREAFTER STARTED DV / 498A.

Dear Arup Sir

the man is unemployed  , she is working , currently her place of work is unknown, she might be working in one f the gulf countries, as during the time of marriage her husband was working abroad & she was very keen on working abroad, due to the restructuring in the man's company he told her to be in India as his job was on shaky ground, depite telling her the fact she was adamant in going abroad, ultimately he had to come back, prior to that she had already left her matrimonial house on the pretxt of going to her mother's place , when infact she has decided to fly abroad, after few days of his landing the man persuaded her to join him at his matrimonial house , she came back  ,but her attitude continued finally on the D-Day  she left the matrimonial house with jer mother

Dear Arup Sir

RE  filing acae under sec 13 HMA -- they are christians

Dear Aup Sir

RE RCR----  three years back she went to the cops ,after abusing the in laws at their residence, soon after a legal was sent to her detailing what happenned since their marriage ,she also made false allegations at the cops station , everything was mentionened in the legal notice, she was asked to come back within a certain time frame, just a day before the stipulated period could end , she came back at that time the man was not at home , whaen she came to know about this she started hurling insults & threats at the in laws, after abit of tamasha she went & got the cops , the cops told the man needs to be present at the p station , when the man come to know abt this new drama he rushed directly to the staiton after getting a good bhashan from the cops, the cops asked him to take her back or he might get in trouble, looking at the situation the man realised that this woman is not less  than a terror, keeping in mind her threats to him & his family the man refused to co habit with her, she lodged an NC agaist the in laws , finally the cops told the woman that she needs to approach the courts as this was the only solution, the woman never did that.

currently the woman most probably is working in one of the gulf countries, so in the scenario will the RCR Work? as rightly said by youu when she came backe earlier , her intention was purely to implicated the man & his fly iN 498A & DV

to cut a long story short, she wants the husband to file the divorce petition, so that she can claim that it was him not her who wants to seperate, she wants to potray hersself as the "AABLA NARI", during their arguments she had often told the man to send her the divorce papers , but it was all orally nothing in writing .she wants the onus of divorce to fall on the man

as such what strategy would you suggest?

are the man interested for divorce?

if so indian divorce act will be applicable on him.

INDIAN DIVORCE ACT

PLEASE GO THROUGH IT.

A FILE WAS ATTACHED WITH IT FOR YOU , BUT NOT SEEING IT NOW.

INDIAN DIVORCE ACT

Chapter III : Dissolution of Marriage.

DISSOLUTION OF MARRIAGE

10. When husband may petition for dissolution.-

Any husband may present a petition to the District Court or to the High Court, praying that his marriage may be dissolved on the ground that his wife has, since the solemnization thereof, been guilty of adultery.

When wife may petition for dissolution.-

Any wife may present a petition to the District Court or to the High Court, praying that her marriage may be dissolved on the ground that, since the solemnization thereof, her husband has exchanged his profession of Christianity for the profession of some other religion, and gone through a form of marriage with another woman; or has been guilty of incestuous adultery, or of bigamy with adultery, or of marriage with another woman with adultery, or of rape, sodomy or bestiality, or of adultery coupled with such cruelty as without adultery would have entitled her to a divorce a mensa et toro, or of adultery coupled with desertion, without reasonable excuse, for two years or upwards.

Contents of petition.—

Every such petition shall state, as distinctly as the nature of the case permits, the facts on which the claim to have such marriage dissolved is founded.

19. Grounds of decree.-

Such decree may be made on any of the following grounds:-

(1) That the respondent was impotent at the time of the marriage and at the time of the institution of the suit;

(2) That the parties are within the prohibited degrees of consanguinity (whether natural or legal) or affinity;

(3) That either party was a lunatic or idiot at the time of the marriage;

(4) That the former husband or wife of either party was living at the time of the marriage, and the marriage with such former husband or wife was then in force. Nothing in this section shall affect the jurisdiction of the High Court to make decrees of nullity of marriage on the ground that the consent of either party was obtained by force or fraud.

Chapter VII : Restitution of Conjugal Rights.

32   Petition for restitution of conjugal rights.

33   Answer to petition.

RESTITUTION OF CONJUGAL RIGHTS

32. Petition for restitution of conjugal rights. 32.Petition for restitution of conjugal rights.-When either the husband or the wife has without reasonable excuse, withdrawn from the society of the other, either wife or husband may apply, by petition to the District Court or the High Court, for restitution of conjugal rights, and the Court, on being satisfied of the truth of the statements made in such petition, Hand that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 33. Answer to petition.

33.Answer to petition.-Nothing shall be pleaded in answer to a petition for restitution of conjugal rights, which would not be ground for a suit for judicial separation or for a decree of nullity of marriage. VIII.

are the man interested for divorce?

Yes Sir, as he is caught in anowhere situation , it means sense in getting out of this non existant relationship, which is left only on  a paper, divorce seems to be the only way out

@ Author

Interesting (self assumed) brief of your friend.
Reasoning: In Divorce of whichever religion the "onus of proof" is on the petitioner so if this women wants to do a reverse OCD thinking then she will fail if the grounds used by petitioning husband are of silver quality.


1. You have to use IDA and file for Divorce since the religion of party is Christian. Serve the Notice to her parents home address. If she appoints a pleader to look after her interest and he/she represents her in Court well enough fine otherwise eventually it will go ex Party way after due process of Law.


2. There are several IDA cases which have been decreed ex Party. So I donot see any reason for apprehension to find out what is in her mind as you people are trying to find that also in a women's mind! Forget that do your legal move as per rights and as per Art of matrimonial War the ancient best book the first mover is always in advantageous situation.


See your friend has married her and wants to keep her legally providing her all comforts as per his means and if she does not want all that then why he should still be her lap dog! Let him be free sooner than latter for marching ahead in second innings……..

thank you sir, under what section can the file the divoce petition?  what is your opinion about RCR in this cae? kindly suggest a line of strategy, as there is only one section i.e adultery,which is not applicable in this case

in case of RCR what is the maximum time limit that she will have to respond as the woman is most propably working abroad

since the end motive is the divorce for the man, all the legal steps neede to be  taken towards this goal will be

highly beneficial & appreciated

i wish to thank you on behalf of my friend whom i am trying my best to help, thank you sir in advance 

@ Author

1. Ha ha

2. This is the time don't you think usage of Ld. Advocate shall be opted for instead of asking sections and later draft of IDA suit and so on so forth :-)
Reasoning:
2.1 LCI has some of the hard working local ld. Advocates as members whom one can contact as per self due diligence.
2.2. Free gyan is limited in some or the ways vis-a- vis in-person in-Chamber consultation I feel time has come for that in presented brief.

All the best whosoever the brief is that of J 

Dear Author,

Many thanks for your invaluable insights ,BTW Sir,the above brief is not self assummed, it is  the truth it self, the man 's identity cannot be disclosed as the womnan is always on the prowl hunting the net to find the man's legal activities.this chapter in this man's life is like an open book for me

your reasoning is good , thank you sir !

under what section of IDA can the petition be filed?.since she is possibly working abroad ex parte decision is likely,what's your opinion sir?

re apprehension, it is there with man & his fly , courtesy the free trips to the cops by the wife

my friend is not residing with here for the past 4-5 years , she has taken all the jewellery including the one given by the man ,

since he wants to be free, i need your advice.. thank you for the best wishes for his second inninings




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