D.Dakshina Moorthy (Sr.Office Superintendent) 03 July 2016

Divorce

Dear Sirs,

Kindly provide your advice for the following.

One of my relative son got married a girl four years ago. The girl lived with the boy and father-n-law house less than one month. Then she left along with her mother to her father,s house. The boy is already in abroad employment- he went there. Till date the girl has returned to her father-in-law,s house. But her father',s brother several times approaching and threatening the father-in-law and other relatives for the girl's life regarding the re-joining with her husband. Both side, they have not approached Court for necessary step regarding this. The only aim of the father's brother is that getting property by the way of maintenance amount for the girl by the way of getting re-union in the family life.

My point is that :

In what way the boy will approach the court for getting divorce from her - on what basis under the court of Law. ?

In what way the girl will approace the court for getting re-union or getting maintenance amount by the way of Divorce or conjugal rights/judicial separation. - Already four years over.

Thanking you,

With regards,

( D.Dakshina Murthy )

Reply Follow

5 Replies

Sandhya Srinivas (Advocate & Legal consultant) 03 July 2016

Your Issues ?

1. In what way the boy will approach the court for getting divorce from her - on what basis under the court of Law. ?

He can file Divorce petition under section . 13 (1) (ia) (ib) of The Hindu Marriage Act, 1955, Grounds of Cruelty and desertion.

2. In what way the girl will approach the court for getting re-union or getting maintenance amount by the way of Divorce or conjugal rights/judicial separation. - Already four years over.

She can file Restitution of Conjugal rights under Sec- 9 of The Hindu Marriage Act, 1955, for rejoining him and also she can file maintenance petition. She can file these petitions even there is a lapse of 4 years by alleging reasons and cause of actions favour her.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate) 03 July 2016

agree with the above experts opinion

D.Dakshina Moorthy (Sr.Office Superintendent) 03 July 2016

Dear Sirs/Madam :

Thanks to your replies. I have a doubt about that if she asks for maintenance, how long period the boy has to give maintenance amount ? Or upto remarriage of another person after getting Divorce from her Husband ? If she gets remarriage with another person, will she eligible for maintenance amount.

Another point is that if the boy ( husband ) does not want to give maintenance amount and if he will oppose to give maintenance amount for her cruelty and desertion, what will be the position of this case ?

Kindly clarify the same.

With kind regards,

( D.Dakshina Murthy )

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate) 03 July 2016

1) If she remarries, she is not eligible.

2) After the court order, if the husband fails to obey without courts permission, it amounts to contempt and the court will pass necessary orders as may deem fit including jail.

Sandhya Srinivas (Advocate & Legal consultant) 04 July 2016

Yes. He has to pay maintenance, if he fails to establish that she is capable to maintain herself or any source of Income or properties in her name.

If she re-marries, then you have to produce the documents of the same before Hon'ble court and seek for the dismissal of maintenance petition.

He has to comply the order of the court related to maintenace amount, he cannot seek denial of payment on the ground of cruelty and desertion. If he feels exorbitant maintenance order by the lower court, he can challenge the same in High Court.

The consequences of non compliance of court order will lead him to Police custody and till the clearence of arrears he will be send to prison.