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hemraj dharam (TA)     14 June 2012

Sc-divorce case- can reopen?

divorce case-closed on 2006: 

Hindu husband-wife:

Wife( She)  had permanent job- b/f marriage. Had to leave job to stay with husband .

Husband  cruel & beats wife  & he  takes extra intrest in another family/lady rather than wife.

 She is made homeless within 8-9 months of marriage . Applied for divorce/ maintainance in 1998.

  Case went long.  In 2007 it went to SC-delhi. :

   Within/during  this time she again got  permanent job.

    As usual husband pleads as innocent. Councelling took place in SC &

    SC ordered-couple to stay together-wife to leave job & join husband. she followed instructions of SC.

Again in last couple of years she realises same-old past stories repeating  (it was never stopped...fighting.meeting lady .) Slowly she realized / came to know that he is incapable of physical relationship with wife. And to her surprise -this week she met  his doctor who confirmed..."he in past was being treated for impotency. But has no records."

He left her in the house & avoiding her. Now she has no job.(about 46 yrs age) . Now who will give her job??

She can't burdon her brother / old mother.

Question:

0) She has no money even for food. He left her in the house & avoiding her. She needs immediate money.

What option does she have immediate.   He is govt servant.

1) Can wife reopen divorce case in SC?     what is procedure for divorce?

2) hw can she prove his physical inability ?

3) how long again she will have to wait for justice? 

4) what maintaince she will get? He is govt servant. No children.

5) any help from lawyer / govt lawyer (free of cost for her)  ?

pl reply urgent...



Learning

 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     14 June 2012

 

In absence of the case history nothing conclusive can be said, I refuse to believe that SC in reconcilliation can order a wife to give up her a job and live with her husband. 

 

Be that as it may, maintenance is always the right of a woman. What can be done can only be said after looking at the SC order. 

hemraj dharam (TA)     14 June 2012

Really exact words I've quoted from Mediation centre-SC order.. I shall upload it 2marrow with ref no. Pl  believe it. I tell victim to contact u. u can discuss it.

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     14 June 2012

Dear Querist,

 

Please study the Order passed by the Hon'ble SC in the 1st leg of litigation.

 

Whether or not the wife entitled to request the SC this time in changed circumstances would largely depend on the Order passed earlier between the parties.

 

Please furnish the same and other facts to enable us to give you propr advice.

 

Trust this would suffice.

 

Rabin Majumder

Advocate-on-Record

Supreme Court of India

New Delhi

Parth Chandra (none)     15 June 2012

Adv. Bharat Chugh,

 

Can you please explain "maintenance is always the right of a woman" statement made by you with respet to any of indian law or judgement please?

 

Thanks,

Partha


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