DIVORCE CASE U/S-13 FILED BY WIFE

Querist : Anonymous (Querist) 07 August 2010 This query is : Resolved
Dear sir,I got married on 09 Jul 2008. After staying together, She has filed divorce case u/s 13 which I have replied.Now she has filed case u/s 24 & asking money. Since I dont want any divorce & moreover she has filed case then why I should pay u/s 24.I stated in my replied statement saying that If she desirous, then I can give divorce.Still i would like to keep her. can U plz give ur valuable advice so that either I should start living with her or else we should get divorce since we are staying seperate for 01 year.

Regards

sandeep

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Raj Kumar Makkad (Expert) 07 August 2010
So far as advice over living together or taking divorce is concerned, no lawyer can opine over this matter until he is personally associated with both of you quarreling spouse. This decision is purely of you. You have to decide whether providing divorce is better or to make adjustment and compromise as one has to make in his life on various counts.

So far her application under section 24 HM Act is concerned, it shall definitely be allowed if she has no source of income. It is your duty to maintain your wife even though her case may be wrong or you might is desiring to live with her. You shall have to pay her maintenance allowance as well as litigation expenses to your wife as fixed by Family Court.

Querist : Anonymous (Querist) 07 August 2010
But sir, My wife has given an open ad in matrimonial site for her marraige and she has mentioned that she is employes in ghaziabad & earning 3-4 LPA salary.On other side, her parents wants that I SHOULD accept all the charges imposed by her in her petition filed by u/s 13 HMA.In fact i still love her lot and I had tried my best & at optimum level to keep her but herself & her parents parents are not coming up with the solution. They are saying that Let the case pull up like that and wait for decision regardless of time & physical harrashment.

Regards

Sandeep Gupta

Devajyoti Barman (Expert) 07 August 2010
If both of you want divorce then where is the impediment. At the time of reconciliation and or thereafter if you with to give her divorce as well then the court will ask both of you to file mutual divorce petition where it is stated regarding withdrawal of the respective allegations.

s.subramanian (Expert) 08 August 2010
i agree with barman

Unbiased Advice (Expert) 08 August 2010
Dear, I would like mention a famous Quote in hindi may be it will help you in taking decision:

"Agar Ladki ya Aurat ha kahe to chodho muth, Aur agar na kahe to Cheedoh muth"

Hope the message is clear.

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