May file divorce case

Advocate Abhijeet singh (Querist) 14 October 2011 This query is : Resolved
respected sir if wife of a husband has been left home of her husband from last 3.5years and now till date lives her mother home. tell me is any time she can suit husband under dowary case or other under 498a. also tell me after a long sepration is husband suit for nullity of marriage . plz tell me prospect those benificiary for husband in this condition. what would do by husband wait or case .

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Guest (Expert) 14 October 2011
in this case the husband can file a petition for divorce under the ground of cruelty and desertion. But the issues are there. the husband has to pay maintenance to wife children. As per your query I opine that there is no chance for dowry demand case.

Shonee Kapoor (Expert) 14 October 2011
Long seperation is no ground for nullity.

Rather husband can file for divorce on grounds of cruelty and desertion.

Also, the 498-a can be still filed, but it would have lost all its sting by now.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

prabhakar singh (Expert) 14 October 2011
No petition ,as already told by Mr.Kapoor,for
Nullity shall lie.

But it is equally true,as told by Mr.S.Ganesan ,that a petition of DIVORCE ON THE GROUND OF CRUELTY AND DESERTION AT THE INSTANCE OF HUSBAND CAN BE FILED.

The husband in this case is certainly liable to pay maintenance to children,interim maintenance could be granted to wife also during pendency of DIVORCE PETITION.However otherwise claim of maintenance of wife can be contested on the ground as she has willfully withdrawn from company of husband without any just and reasonable cause.

Filing of 498a can not be seen as bar but can be seen as doomed on merit.

Arun Kumar Bhagat (Expert) 14 October 2011
I agree with Prabhakarji.

Sankaranarayanan (Expert) 14 October 2011
yes i do agreed with mrprabhakar ji opinion

M.Sheik Mohammed Ali (Expert) 14 October 2011
yes i do agree experts query reply

Advocate Abhijeet singh (Querist) 14 October 2011
sir please tell me u/s 125 of maintence if wife alread doing job since last year after sepration and wiht good salary comparison of husband in this case is mantinace apply or not.

prabhakar singh (Expert) 14 October 2011
If her earnings are greater than husband then she shall not get any maintenance for herself
from husband because she would be found able to maintain herself.

Advocate Abhijeet singh (Querist) 14 October 2011
thanks sir plz clear this point asked by shree Kapoor
also the 498-a can be still filed, but it would have lost all its sting by now. I could not understand this line

Nadeem Qureshi (Expert) 15 October 2011
As i think and the section 125 Crpc says that the wife is entitled to get maintinance if she is unable to maintain herself
but if she is able to maintain herself then?

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