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Aashish (Sr. Ex.)     24 November 2013

Want divorce from wife

My wife has been staying at her mother's place for the last two years. And she has filed dowry and maintenance cases against me. And I have filed case of section 9 against her for which she has not come on even a single date so there is no verdict in this case. For divorce she is asking for 9 Lakh rupees which i can't give her as my financial condition is not good. I dont have a regular employment and not a single property in my name. What do I do? Plz help me..



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 12 Replies

Dr J C Vashista (Advocate)     24 November 2013

You are to contest the cases filed by your wife and file a case against her for divorce, however, you are liable and will have to pay the maintenance for her remaining life or her remarriage which ever is earlier.

1 Like

Pooja Hegde R. (Advocate)     24 November 2013

Aashish, You need to contact an advocate to the earliest. You can contact me on 8892562298. However, you need not worry about maintenance because it has to be awarded by the Honorable Court and that decision will only be after considering your financial condition. If an out of court settlement like that of 9 lakhs is not favorable for you, then dont settle. My sound and final advice requires more details which you can call and discuss on the aforesaid number. Advocate Pooja Hegde R. 8892562298
1 Like

T. Kalaiselvan, Advocate (Advocate)     24 November 2013

Aashish, you have stated to have filed a RCR case against her and she is not appearing, ask your lawyer to file a petition for joint trial of both the case i.e., yours as well hers provided both the cases are in the same court  and if they are in different courts, file transfer petition before the jurisdictional court to bring both the cases to one court itself, conduct and contest the cases on merits and with available evidences.  If you believe that she has filed a false case, I think you have fair chances to win your case and once RCR is decreed in your favor and she is not willing to join you back, you may donot have to pay her the maintenance amount sought for by her.

1 Like

Sandeep Naik (Advocate)     24 November 2013

T. Kalaiselvan, Advocate I am Online is right. But u have not given the explanation why she has left u. First try to resolve the issue if it is  possible to settle the matter. It is because giving an advice for divorce is very easy task. It is the further life u have to face. Think twice . Try to understand the case  from her angle. Perhaps u may find the solution.REgards and with best wishes . Still if u have any doubt u may contact me on 99670 56980. I am practicing in Bombay High court. Adv Sandeep Naik Mob : 99670 56980

1 Like

Dr J C Vashista (Advocate)     24 November 2013

Nothing more to add

Aashish (Sr. Ex.)     24 November 2013

Thanks to All for their advices!!

Aashish (Sr. Ex.)     24 November 2013

Sir,She left me because I was not able to fulfill her material demands as I dont even have a regular employment. I have tried an out of court settlement. But her family is adamant on the demand of 9 lakh rupees which i am not in a state to pay her. And there is no other solution to this because she also want a divorce but in settlement she want 9 lakh rupees.

Pooja Hegde R. (Advocate)     26 November 2013

In that case, her case is weak if you can prove your weak financial condition and her material demands in the Court. However, a husband is always expected to fulfill the basic necessities of his wife and give her the same lifestyle which the husband leads. In case your financial condition is weak because you are being lazy or careless then your wife's case will become strong.
1 Like

dr.pawan rajyan (member and secretory)     27 November 2013

if you decreed sec 9 against her then execute the orders.you get divorce on this ground alone without paying any maintenance to her.if you have child you have to pay for them.no need to give any penny to greedy women outsite court.regards

1 Like

Dr J C Vashista (Advocate)     28 November 2013

Dr. Pawan Rajyan,

Can any court compel a person (respondent) to live togather with the petitioner, even if the decree U/S 9 HMA has been passed against other one (respondent)

dr.pawan rajyan (member and secretory)     28 November 2013

no,can never compel.but he can get easy divorce merely on this ground without giving maintenance

Aashish (Sr. Ex.)     30 November 2013

Originally posted by : Pooja Hegde R.
In that case, her case is weak if you can prove your weak financial condition and her material demands in the Court. However, a husband is always expected to fulfill the basic necessities of his wife and give her the same lifestyle which the husband leads. In case your financial condition is weak because you are being lazy or careless then your wife's case will become strong.

She had filed a maintenance case against me for which I did not attend a single date and hence court announced maintenance of 3000 pm to her. then I applied for reopening the case and that case is still running in the court near her locality. And I had filed a section 9 case against her that case is still pending in court because she has not come on a single date and this is pending for the last 18 months. Plz help what can I do in this case so that I can apply for divorce. I am ready to give her maintenance but I cant give her anything else.


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