B Anil (RM) 31 May 2014

Divorce without maintanance

Dear Sir, My name is B Anil, I got married on 18 nov 2013 at my native but first night doesn’t happen as my wife told me she need at least 3 months time to settle down so no physical interaction happened between us during first 3 months after that whenever I approach she say n o to it, my wife is 25 yrs old working women, then all my family along with me got to know that my wife is having affair before marriage which she continue with, four month down the line of our marriage on morning she told us that she is going for work and she just text me in evening that she is going to her relative but she not reached there we got to know this in night so we launched a missing complaint, after 5 days she come back and she told us that she don’t want to continue with the relation but her family want time to convince her so she come back after 20days but still she is saying no for relation, now she left the job & from last 1 month she is staying with her mother & she is not ready to come back so I want without maintenance divorce is this possible ????

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9 Replies

shashikant bhardwaj (content writer) 31 May 2014

Wife should settle the matter with husband amicably and then file for mutual consent divorce.

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com ) 31 May 2014

Divorce without maintenance is not possible.

shashikant bhardwaj (content writer) 31 May 2014

Why not. of course

Adv Archana Deshmukh (Practicing Advocate) 31 May 2014

Talk to your wife properly that considering situation, you are ready to free her by MCD. Ask her give divorce without any alimony if she wants divorce.

Gautam Kapoor (IT professional Studying Law) 31 May 2014

Shashikant - Pls kindly do not invorigate/irritate or try to make your point across to Mr.Trilok else he may now link another political murder with maintenance case https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 31 May 2014

Dear Querist,

If your wife is unable to maintain herself and not ready for mutual consent divorce, then divorce without maintenance is not possible. you should try to convince her for MCD with your terms and conditions, if she is ready then no need to worry.

If you are able to prove that she is impotent and due to this reason she is not willing to consummate the marriage and unable to make physical relation, then file a declaration suit to declare this marriage null and void, then she will be not entitled to get any maintenance from you.

Feel free to call.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 31 May 2014

For this situation you should file Restitution of Conjugal Rights (RCR - Sec 9 of Hindu Marriage Act).

Please don't worry, This type of dispute women will never come and you will get decree of "Failure of Restitution of Conjugal Rights" - which is a very good ground of divorce without any maintenance.

If they submits any false statement in WO then you should file Perjury U/S 340 CrPC read with 195 CrPC in the same court.

Please take reference of my post from the following link also: -

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U4nYjXbYVdg