hindu marrige act24
Querist :
Anonymous
(Querist) 28 December 2010
This query is : Resolved
sir, i got married on 2007 nov. because of my husbands,n inlaws harassement,i kept coming 2 my parents .now he has send notice 2 me under secion 9. so now what should i do ? coz i dont want divorce. .if i apply 4 maintenance under section 24 means that i want divorce or not plz suggest me.
Bhawani Mahapatra
(Expert) 28 December 2010
Dear reader
If u dont want divorce, you should promptly respond to the notice and say before the court that you had gone to parent's house in order to rescue yourself from harresment of your inlaws.
Remember: divorce is not at all a solution, specially at the early stage of one's marrige.
By saying against your inlaws before the court, they must definitely be under pressure, which may abstain them from doing wrong. Don't add salt to the relation with your husband.
Sachin Bhatia
(Expert) 28 December 2010
You have to appear in the court and file reply why you dont want to stay with your husband. Appliying for mantance does not mean that you want divorce.
Devajyoti Barman
(Expert) 28 December 2010
Who told you that if you ask for alimony that amounts to divorce. Since you do not want divorce then you appear in the suiit for restitution and express your willingness to reconcile with your husband and at the samne time diisclose your ill treatment too so that you can ask for wirtten undertaking from the husband in court for protection from future harassment.
G. ARAVINTHAN
(Expert) 28 December 2010
24. Maintenance pendente lite and expenses of proceedings.—Where in any proceeding under this Act it appears to the Court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner’s own income and the income of the respondent, it may seem to the Court to be reasonable:
Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.
Hence, the application is only for maintaining yourself and for litigation purposes and this will not mean you are fighting for Divorce.
H.M.Patnaik
(Expert) 29 December 2010
Views expressed by Bhawaniji is correct in the light of the query.
