Divorce & section 9
Querist :
Anonymous
(Querist) 12 October 2010
This query is : Resolved
I was married in May 2009, due to wife attitute and unfair activities, i tried to maintain my married life & i was seperated from my parents in Oct.2009.but in April '2010 she left my independent house with all gold and valuable household material, but i tried my best to came back but she is not comming.
1] I filed RCR in April 2010.
2] In May 2010 end she filed 125 crpc and
June 2010 she filed DV against me and
my parents.
3] Mahila Parmersh kendra and other
authorities but all are vain, i also
tried and ready to resolve this issue
mutualy,but all are vain
4] She is not ready to resolve this
issue and demanding huge amount and
blackmailing & threatening to file
498a etc.
My qurries are
1] If was residing seperate from my
parents how she can registered my
parents in D.V. & others acts cases.
(I can prove for seperate residing)
2] Can I file against her any case for
such act.
3] What is minimum period required to
file divorce ( Married May 2009.)
4] what is a decree of divorce.if a
husband get decree what relief he can
get.
5) At present I have no job, what is the
rule for pay of maintenacne, if i file
RCR and still i m ready to kept with
me, in this condition she is entitle
for maintenance ?
6] After one & half of my RCR file, she
filed 125 & DV case, can i file any
case against her in this condtion .
7} What kind of steps i could be taken to
rid such problem
Kindly advise & help me in this subject urgently.
Thanks
Devajyoti Barman
(Expert) 12 October 2010
1. Yes , she can file but you have to prove that they reside separately.
2. Not on that act but on other ground like making false statements on oath,crminally intimidatin etc.
3.Now you can file for divorce.
4. If the husband ets divorce then the woman gets severed in all leal relations with the husband like law of inheritance etc but her right of maintenance does not get waivved untill she remarries or earns handsomely.
5.You have to pay maintenance irrespective of your employment quantum of which would be determined as per your social status.
6. No
7. Nothing but defendingby the cases.
pawan sharma
(Expert) 12 October 2010
1] If was residing seperate from my
parents how she can registered my
parents in D.V. & others acts cases.
(I can prove for seperate residing)
A.your parents file objections in detail and submit that you and your wife were lived sapratlly with proof.
2] Can I file against her any case for
such act.
A. No.
3] What is minimum period required to
file divorce ( Married May 2009.)
A. One year after marrieg.
4] what is a decree of divorce.if a
husband get decree what relief he can
get.
A. after the period of appeal he can marrieg again.
5) At present I have no job, what is the
rule for pay of maintenacne, if i file
RCR and still i m ready to kept with
me, in this condition she is entitle
for maintenance ?
A. no, but u have to shown to the court that u have to source of income.
6] After one & half of my RCR file, she
filed 125 & DV case, can i file any
case against her in this condtion .
A.in 125 case u can also demand the mantinanc from her, so file this objection in this case.
7} What kind of steps i could be taken to
rid such problem
A.defand the case.
Querist :
Anonymous
(Querist) 12 October 2010
I am really thankful to all the experts for giving their valuable guidelines & moral boost-up.
Thanking you once again
Adv ramesh chheda
(Expert) 19 October 2010
if she has filed wrong dv they make an applicatin for the discharge.
if she has made false accusation then file defamation case against her on behalf of u r parents and claim huge amount by way of compensation as well file criminal case for defamation.
she can file maint application u/s. 125 and dv at any time but there is no purpose for u to continue with sec 9 application so better u convert the same into divorce pet as she has made false allegation against u which it self is one of ground to claim divorce.
thnx
adv ramesh chheda- Mumbai 9870112826
