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DIVORCE CASE U/S-13 FILED BY WIFE

(Querist) 15 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 on 6th Jan 2010 for which I had 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 anything u/s 24.I stated in my replied statement that If she desirous, then I can give divorce.

Moreover,My wife has given an open ad in matrimonial site jeevansathi.com for her marraige and she has mentioned that she is employed 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 and I had tried my best & at optimum level to keep her but herself & her parents are not coming up with the solution. They are saying that Let the case decide by court regardless of time & physical harrashment.As per her ad at jeevansathi.com, I m earning less than her then I should get maintenance u/s 24 H.M.A in place of paying to 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 more than a year.

Regards

Sandeep Gupta

Koumarish Bhattacharya (Expert) 15 August 2010
In Hindu Marriage Act you can ask for alimony by filing a counter-claim. If your wife places advertisement in any internet site for marriage, the Court should not grant relief u/s 24 of the HMA. Print-out of the webpage is acceptable in Court as evidence.
SANDEEP GUPTA (Querist) 15 August 2010
Dear sir,
As per ur reply,What do u meant for "the Court should not grant relief u/s 24 of the HMA"? Plz tell that should I get relief from paying to her u/s 24 or c will be paying to me.

Regards

Sandeep Gupta
09039997447
s.subramanian (Expert) 15 August 2010
her own ad will suffice to reject her claim under sec.24. file an application to recall the order under sec.24 on the basis of her ad. you shall succeed. goodluck.
Devajyoti Barman (Expert) 15 August 2010
Yes the court can recall its own order if the subsequent even having material bearing on the subject matter of the order is brought to the notice. The court is bound to prevail the justice at any cost.
Surender Dhull (Expert) 15 August 2010
Fist of all there is no provision to demand alimony form wife under section 125 Cr. P. C. Secondly the wife had just give the advertisement in the news paper for marriage- No offnce because she did not do any act means act is not completed. Now regarding section 24 - the wife is entitle to take the expenses of litigation only for a specific period but not continuesly for life.
Guest (Expert) 16 August 2010
The case is of S. 24 HMA and not S. 125 CrPC kindly note the difference.

Adv. in a website is intent (conduct) of the wife which will be helpful in Pmt. Alimony stage and right now you have to show if she is earning or not so that she is not suffered with vegrancy to run the case.

The intent of inlaws from the message is clear that they are in a hurry to dispose you off from the marital bond and playing confusion tricks. A family court practicing experienced advocate may take out these variences and guid eyou accordingly.

Your msg. is quite mixed and it is better to make a self call what you want out of this getting cold marriage ? The best answer you can give to yourself. Once made that call ld. legal experts may guide accordingly and before that it is difficult for us to give you a chawanprash as asked in end of your kind message Sir.
V.T.Venkataram (Expert) 16 August 2010
After releasing the matrimonial advertisement your wife cannot claim alimony. Similarly when you are in receipt of an income you cannot claim alimony.
No one can advise whether you should start living with her or else you should get divorce since you are staying seperate for more than a year.Please take a firm decision. If both of you want to live together it will be the best solution. But the mute question remains as to why she released a matrimonial advertisement!!
SANDEEP GUPTA (Querist) 21 August 2010
Dear Mr. D. Arun Kumar,Mr. V.T.Venkataram & Mr. Surender Dhull,

I got married on 09 Jult 2008, Just after a month, wife does not want to stay in relationship bcoz she said that our thinking & personality does not match as c was Nursing management side whereas I was woring in INDIAN NAVY.After that I was dedicated to pull whereas c was 50:50 due to her parental side interfare.Still, I m not in a favour of Divorce whereas her & her parents are still wants divorce.Moreover,Her elder sister are also suffering with divorce issue since 22 years.
Now, Its my final decision that I will not give divorce to her.

Plz advice me how I can save & live a good family life with my wife.

Regards

Sandeep Gupta
09039997447
SANDEEP GUPTA (Querist) 25 August 2010
Dear sir,

I got married on 09 Jult 2008, Just after a month, wife does not want to stay in relationship bcoz she said that our thinking & personality does not match as c was Nursing management side whereas I was woring in INDIAN NAVY.After that I was dedicated to pull this relationship whereas c was 50:50 due to her parental side interfare.Still, I m not in a favour of Divorce whereas she & her parents are still wants divorce.Moreover,Her elder sister are also suffering with pending divorce issue since 22 years.
Now, Its my final decision that I will not give divorce to her.

Plz advice me how I can save this relationship & live happy family life with my wife.

Regards

Sandeep Gupta
09039997447

Adv Archana Deshmukh (Expert) 25 August 2010
Take the help of a marriage councellor.
SANDEEP GUPTA (Querist) 25 August 2010
Dear Mr. D. Arun Kumar,Mr. V.T.Venkataram & Mr. Surender Dhull or others,

I got married on 09 Jult 2008, Just after a month, wife does not want to stay in relationship bcoz she said that our thinking & personality does not match as c was Nursing management side whereas I was woring in INDIAN NAVY.After that I was dedicated to pull whereas c was 50:50 due to her parental side interfare.Still, I m not in a favour of Divorce whereas her & her parents are still wants divorce.Moreover,Her elder sister are also suffering with divorce issue since 22 years.
Now, Its my final decision that I will not give divorce to her.

Plz advice me how I can save & live a good family life with my wife.

Regards

Sandeep Gupta
09039997447



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