Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Last option for men and first option for women

Dear experts,


Plz let me the answer of the following questions as these are curosity arised to know the extreme facts of the gender biased law:


1. If a divorce case goes to SC court as appealant is husband and no divorce is granted to him against his wife but the husband is so much adamant and reluctant to live with her wife that he can't live with her as he will die by suffocation of such marriage.Then what will happen as all doors are closed now, do he will suffer rest of his life till he die?


2. What if a wife false 498a on husband and his parents and husband denies the allegations on him but due to corrupt law and order he is arrested and sent to jai and doesn't gets bail and in meantime the judge make his final judgement as the husband is accused and gives him the 3 years imprissonment,so in this case if wife asks for mainetenance then how the husband will pay the maintenance as he is in jail now?


3. After completion of 3 years of 498a do he is bound to keep his wife as his punishment is over now and it is his wish to keep such lady along with him or not?

 

I will be very thankful for your depth answers.



Learning

 14 Replies


(Guest)

Welll..... Good Query....

Awaiting expert's reply


(Guest)
Originally posted by : Sufferer


Dear experts,





Plz let me the answer of the following questions as these are curosity arised to know the extreme facts of the gender biased law:





1. If a divorce case goes to SC court as appealant is husband and no divorce is granted to him against his wife but the husband is so much adamant and reluctant to live with her wife that he can't live with her as he will die by suffocation of such marriage.Then what will happen as all doors are closed now, do he will suffer rest of his life till he die?

It is for your lawyer to convince the court/judge that it is impossible for you to cohabit with your wife, and any such attempts for reconciliation will only turn ugly.  Eventually, nobody can force you to take your wife back.  As they ie your BIL and in-laws have created much trouble for you [gaali galoch the way you call it], tried to steal jwellery from your mother, always threatening to beat you up.  You have been to human rights organization too, I had asked you to register a complaint against your BIL and in-laws and register a FIR, all these will help you prove that cruelty has been meted out upon you by your wife and company, which is a valid ground for divorce.


2. What if a wife false 498a on husband and his parents and husband denies the allegations on him but due to corrupt law and order he is arrested and sent to jai and doesn't gets bail and in meantime the judge make his final judgement as the husband is accused and gives him the 3 years imprissonment,so in this case if wife asks for mainetenance then how the husband will pay the maintenance as he is in jail now?

Corrupt law and order according to you will make you sit behind bars, but use some common sense too, if the law and order is corrupt, you can make use of it to not to go inside and sit in jail.  Think about it.





3. After completion of 3 years of 498a do he is bound to keep his wife as his punishment is over now and it is his wish to keep such lady along with him or not?

If you are convicted under 498a, do your term, come out, its upon you to decide whether to go back to your wife or not, depends on whether she is at the jail main gate outside to recieve you.


 

I will be very thankful for your depth answers.

 

1 Like

(Guest)

Dear helping hand thanks for your answer as per your answer of querry 1 it is the matter of convince, suppose judge is not convinced then what will be the extreme held of the situation,plz take the other side of the divorce case not related to me but general perception if divorce is not granted by SC and he is rigid not to live with her,he is giving maintenenace to her & not living with her but legally still attached to her,this suffocation will certainly make him die each day if he wants to marry to other then also he can't.Then the article 21 of indian constitution is nowhere then as "Right to live" here living is not only taking breath each seconds,taking food after each 4 hrs,having reluctant s*x once in a day,behaving usual each day under the nose of her wife etc.

But above this a motto of life, his feelings for life as he can live to the fullest by not just demoralizing his thought and feelings just for the sake of HMA 1955 and in india being animal is better than men.


 i need exact answer of my querry no.2 and 3


what about maintenance if husband is convited and sent to jail,then how husband will pay from jail?


It is not the matter of wife standing outside the jail to receive her as Iam asking what if husband punishment is over and husband again adamant to keep her?





Adv k . mahesh (advocate)     11 July 2013

once the supreme court has rejected the divorce till in my career i had not heard of such a question because to some extent even court will bear our patience and lastely they will grant us the divorce if not you can appeal to a larger bench and it will be heard if you have such capacity to appeal or bear with the consequences with wife 

even there is one more option if divorce is not granted if you are not able to go to appeal then you can mutual draft a MOU and terms and you can marry another girl of your choice or latest trend is live in relationship even this is referred by the supreme court 

about maintenance no court will grant maintenance if you are in jail after convicted from 498a because you are not earning and even if they grant means it is in the papers because even you so called wife cannot demand maintenance or file a case for maintenance once you are in jail because will be dismissed at first hearing itself

and it is innocent husband choice to stay with wife after releasing from jail to stay with wife or remarry because even wife will ot wait for the husband for such a long time without maintenance and she will remarry 

if you cannot have option to remarry convert your caste and say three words and marry here you have another option after chaning you have three more marriages can be celebrated 

1 Like

(Guest)
Originally posted by : Sufferer


Dear helping hand thanks for your answer as per your answer of querry 1 it is the matter of convince, suppose judge is not convinced then what will be the extreme held of the situation,plz take the other side of the divorce case not related to me but general perception if divorce is not granted by SC and he is rigid not to live with her,he is giving maintenenace to her & not living with her but legally still attached to her,this suffocation will certainly make him die each day if he wants to marry to other then also he can't.Then the article 21 of indian constitution is nowhere then as "Right to live" here living is not only taking breath each seconds,taking food after each 4 hrs,having reluctant s*x once in a day,behaving usual each day under the nose of her wife etc.


But above this a motto of life, his feelings for life as he can live to the fullest by not just demoralizing his thought and feelings just for the sake of HMA 1955 and in india being animal is better than men.

Rahul, dont think too much about moral and motto.  No use.  Please do understand, these values what you have in you have been built and engraved into your personality over a long period of time, but these days nobody cares for such values, eg:- Look what happnd when you took decision to trust this girl and her family, they should have been more loyal to you but instead they came to bite you like street dogs.  Fact of the matter is, you rarely find people who are as genuine like you especially in the females.  So stop thinking like this.


 i need exact answer of my querry no.2 and 3



what about maintenance if husband is convited and sent to jail,then how husband will pay from jail?
No paying of maintenance if once husband is in jail.




It is not the matter of wife standing outside the jail to receive her as Iam asking what if husband punishment is over and husband again adamant to keep her?
By the time husband's punishment is over, she would have married someone else.  Nobody has time these days.  



Even if SC also does not grant divorce.  There are lot of other means to marry someone else, all these cannot be taught.  By expereince you will learn everything.  Water makes its own way to flow.

 

And also give back the money that they have paid as gift to you.











1 Like

(Guest)

@ Advocate mahesh,other experts of LCI  ya i know this question is strange one as the seeker is asking the last option of men i.e, freedom for his life whereas the first option of women i.e, harrasment to his husband and inlaws at anycost.

 

Thanks,

 

A sufferer......


(Guest)

I have thought about your case in detail.


Only thing which is wrong from your side is the cheque that you have recieved as a gift from the girl's side.


Were it not be that, you would not been facing such problems or threats.


Seedhi si baat he, un logo ne paisa diya he, it is not surprising that they act as your rulers now.

1 Like

(Guest)

Dear Helping hand it is so sweet of  you,As from last 12 days iam on this LCI but i think no other hand is so much prompt and helpful for answering the querries of seekers other than you.


You are realy doing a great job thanks alot,may god bless you with whole and heartedly.


(Guest)

Dear Helpind hand kindly check your pm.


(Guest)

I think LCI is having lack of experts here and victims are increasing far ahead in ratio than the advocates here who could give the answers of the querry.

 

 


(Guest)

^ ^ ^

Please do not talk ill about forum.  


(Guest)

@ helping hand it not ill about forum,


As iam seeing only you are the person who intends with each and every querry to all memebers of this forum rest only keeps viewing.

Iam not talking about myself but about others whose question is answered by only 1 or 2 experts rather than having above 2 lacs of memebers here and still its increasing,Just an appeal to other experts and victims do plz share your experience to make come out others in their frivolous questions seemed by other experts.

 

Thanks,

Adv k . mahesh (advocate)     11 July 2013

there are alot of experts who are answering in different forums and solving every one problem nearly 99% without any benefit this forum has taken this extreme step to solve the needy 

if you do not work no money even you do get water now adays free for that also you have to work for money inthe same way if you are in jail then you loved ones also do not have money and they search for better prospects some start there own profession income like working some take up bold step to remarry or some will go to there parents house they cannot follow alongwith you to jail 

so even if she applies to court for maintenance court blindly refuses saying that he is in jail how he will pay you maintenance to you 

and after coming from jail i dont think you would approach the same lady again for the rest of your life 


(Guest)

@ Advocate mahesh,

If SC also denies divorce then one can lead a livin relationship or one can change caste,religion and marry by saying three times and three marriages are allowed but then also you will be charged frame of bigamy once you will caught by your painful and distressful wife who is reluctant to give divorce at anycost.
Kindly suggest the ideas to take divorce from reluctant wife as living with her is next to impossible.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register