Hybes -corpus case judgement
Querist :
Anonymous
(Querist) 05 September 2011
This query is : Resolved
Dear Sir,
Please note below judgment for hybes - corpus case.
3) Respondent no 7 is present before us. we have interviewed her in chambers. she is dispututing the claim of the petitioner that she is lawfully married the petitioner,as stated in the petition.
4) it is not necessarry for us to examine the contentious issues betwwen the parties, since it is habeas corpus petition, and respodent no. 7 has appeared before us, who asserts that she is not married to the pettioner, coupledwith the fact that she has no intention to have any kind of relation with the pettioner - much less to go along with him, we cannot force her to do so, the pettioner would be free to take recourse to such other remedy as may be permissible in law on the basis of his asseration that he is lawfully married to respondent no. 7. all question in that behalf are left open, to be decided on merits.
kindly advise in this case what action should be taken.divorce is neccessry in this judgement. i have to give her any alumany in divorce application. kindly advise so i can take proper action.
Regadrs,
Devajyoti Barman
(Expert) 05 September 2011
The petitioner has lost the case and the girl.
Now the husband can either wait for her or apply for divorce .
If the wife does not her own stable source of income then I regret that you have give her maintenance even after divorce and as long as she is alive or does not remarry.
Raj Kumar Makkad
(Expert) 05 September 2011
If she has denied having married with you so there is no need to file any divorce petition fromm either side and there is no legal right of her to claim any maintenance from you.
Your desire has already been fulfilled by her without any expenses. Be happy. She is not admitting marrying with you.
prabhakar singh
(Expert) 05 September 2011
i side to opinion expressed by Mr.Makkad.when wife has denied marriage before a high court,what is there for husband to go to court for divorce???
