Divorce

Suraj Kumar (Querist) 04 February 2021 This query is : Resolved
Sir,
Wife is separated for 9 years. RCR is filed by husband ; in reply she file objection. Hence RCR is withdrawn.
125 CRPC filed twice but dismissed.
Husband file divorce under sec 13 HMA. Maintenance awarded under section 24 HMA. Husband did not pay maintenance under HMA as he wants to settle the dispute and avoid future litigation. Divorce case is stayed as husband did not pay maintenance.
Wife file 125 CRPC for third time and also file 498A.

Sir, please advise how to settle the dispute so that there will not be any future litigation ??
Wife did not want mutual divorce.

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This discussion concerns a complex divorce case where a couple has been separated for nine years. The husband withdrew a Restitution of Conjugal Rights petition after the wife objected, and her previous maintenance claims under Section 125 CRPC were dismissed. He then filed for divorce under Section 13 HMA, but the case is stayed because he hasn't paid interim maintenance awarded under Section 24 HMA, which he withheld to encourage settlement. The wife has filed for maintenance again and a 498A case, and is unwilling to agree to a mutual divorce. Advice is sought on how to settle the dispute and prevent future litigation, with suggestions including paying maintenance, filing for divorce on grounds of desertion and cruelty, and consulting a senior lawyer.

kavksatyanarayana (Expert) 04 February 2021
The wife wants a divorce. Hence she filed a maintenance case. Why the husband did not pay the maintenance to the wife? If the husband does not want the divorce and continues marital life, it should be decided in Lok Adalat by compromise petition. But as she left 9 years back, she may be agreed to it. It is better to pay maintenance to the wife.

Hemant Agarwal (Expert) 05 February 2021
1. Since Wife "abandoned" husband for over 9 years, such act amounts to "CRUELTY" and Husband is entitled to Divorce without having to pay any Compensation /Alimony /Maintenance /whatever .... There are SC /HC Court Judgments, in regards to above.

2. Meet a Senior Lawyer, for proper guidance.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

SHIRISH PAWAR, 7738990900 (Expert) 05 February 2021
Hello,

After a separation of 9 years husband should have filed a divorce application on the ground of desertion. The husband cannot avoid paying maintenance to the wife as the court has already ordered to pay. The husband can file an appeal to the higher court and pursue the divorce application.

Dr J C Vashista (Expert) 14 February 2021
It is a case of desertion and cruelty.
You have already engaged and paid to an able, competent and intelligent lawyer,who is well aware about facts of the case(s) what is his /her opinion and advise, proceed accordingly if you have faith in him /her (your lawyer)

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