Section 498a 420 409

himani (Querist) 25 December 2013 This query is : Resolved
Respected Experts

Hello

With my very close friend inlaws commit fraud and demended dowry FIR has registered with sec 420 498a 409.but my friend do not want to give divorce to their hubi becoz she said he was gud when he was living with her but now from some months he is not using their own brain he was doing all those act which their family members want. Is their any possibility to patch up with her hubi?
she decided she will not give divorce to him for whole life at any cost. Is it possible?
Kindly Suggest your valuable advice

Warm Regards

Himani Kocchar

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Devajyoti Barman (Expert) 25 December 2013
Yes, if she is not ready to give divorce then she can do so. However her husband can file divorce suit and if he proves the allegations made therein the court may grant divorce even if your friend is not ready to do so.

Do not use sms language in posts here.

ajay sethi (Expert) 25 December 2013
contested divorce cases take years to be decided . husband can file for divorce . has to prove allegations in court

himani (Querist) 25 December 2013
Sorry Sir for using the sms language. Thanks for these advise

Devajyoti Barman (Expert) 25 December 2013
you are welcome.

himani (Querist) 26 December 2013
Sir is there any way to teach a lesson to these cruel persons ? because actually they want to give divorce my friend and will try another marriage. my friend wants that her husband never marry again with someone other because she love him a lot and she know when her husband will start live with her she will manage him. one thing i thought about maintenance. is this a right path ? please suggest what should she do to save their married life ?

Thanks & Regards
Himani

V R SHROFF (Expert) 26 December 2013
She must file DV, demanding mtn, residence & keep quite.

can also file RCR.

himani (Querist) 26 December 2013
Thank you sir. can you tell me what is DV and RCR ?

Devajyoti Barman (Expert) 26 December 2013
She can file case under protection of women under domestic violence act in short DV case.
RCR means suit for restitution of conugal rights.

ajay sethi (Expert) 26 December 2013
yes file DV case .

himani (Querist) 26 December 2013
Thanks a lot experts

himani (Querist) 27 December 2013
Hello Experts

Tell me another thing what should be the amount for maintenance for my friend if the income of her husband in december 2011 to june 2012 was Aus $ 32046 ? because she have the payment summary proof of her husband. he have not any property on his name in India. He have his own house in Australia.
Kindly suggest me the value of maintenance as per your experience or your thoughts

Thanks & Regards
Himani

Devajyoti Barman (Expert) 27 December 2013
The maintenance generally vary between 1/4 - 1/6th of monthly income of the husband. So you can calculate the amount.