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Mithun (medical rep)     24 February 2009

Advice required

Dear Sir ,

I got married on 2000 May  , We  have seven years girl child , we are staying  togehter in flat  in name of both of us through a housing loan , Now my wife has decided to divorce me .In this case i am not intrested sharing a single paisa to her  and daugter. She is working in MNC ,

What are laws /legal stand support me on this case , How do i proceed in this case..Please advice



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 10 Replies

Jithendra.H.J (Lawyer)     24 February 2009

it depends on the circumstances of the case,


why your wife wants to give divorce?


what is your religion?

Mithun (medical rep)     24 February 2009

Sir ,


reason for divorce is that ,She is not interested in living with me as life is totally bored ,She cannot support me and my old parents ,She will not allow  my daughter to see my parents and  her grand parents love to my daughter ,never come to their place  and i have started asking these /questioned that is leading to a big quarrel in  every night .


We are Hindus

Prakash Yedhula (Lawyer)     25 February 2009

Section 125 of the Criminal Procedure Code (CrPC) and Section 18 of the Hindu Adoption and Maintenance Act make provision for maintenance for wife and children by the husband.


However in case you are willing to live with your wife, you can file a petition for restitution of conjugal rights seeking a direction from the court to your wife to join the matrimonial home.


 

AEJAZ AHMED (Legal Consultant/Lawyer)     25 February 2009

DEAR MITHUN,


Neither there are any svere allegation against each other nor there is a big issue in between both of you.


You both are living separatly  from the Joint family, so there is involvment of in-laws/elerd objectionable to her.


So keep cool for some time, don't rais any objections, demand on her, don't discuss with her about property and money matters, she herself  shall be set right after some time.


With concerned to your query regarding Maintenance, rightly replied by Mr Prakash.  


See how yourself you are contradicts


at first,  you are saying that, you are not interested sharing a single paisa to her and to her daughter  


  at the other place you are saying like, " She will not allow  my daughter to see my parents and  her grand parents love to my daughter ,never come to their place  " 


So, if you are not ready to pay a single paisa, but they ( Your wife & daughter) are having full right and authority to claime maintenance from you, and on your non payment you will send  to Jail. 

UMA DEVI MADASANI (INCHARGE IPR DEPARTMENT & HR DEPARTMENT: CS (Executive) student)     25 February 2009

Mr Mithun,


From your question it is apparant that you are not against giving divorce.  But you dont want to give maintenance.   If you both are willing, you can file divorce petition under mutual consent.  And Before filing petition try to make an agreement with your wife not to give maintenance.  Yet it is your obligation to maintain your wife and child as well.  Your wife and daughter have  got every right to get maintenance to the standards of your income.


So, I do suggest you that to prefer for a decision of your villege head or head of your community where you can get relief of your wish that too by paying the amount equal to dowry you received from her. 

AEJAZ AHMED (Legal Consultant/Lawyer)     25 February 2009

In response to MR. Y. PRAKASH, and MR PRABHAR'S. advice:


MR. MITHUN is saying that,   " we are staying  togehter in flat  "     


Then, why question of " Restitution of Conjugal Rights" arise in his matter ?

Ajay kumar singh (Advocate)     25 February 2009

In reply to Mr. Aejaz Ahmed I have to say that living together in the same flat does not mean that there may be no need of filing a case for restitution of conjugal rights. Husband and wife are not married only to live in the same flat or room.There are also some other marital obligations which are to be dircharged by the spouse. If a spouse does not allow the other to exercise his/her marital rights, the aggrieved spouse can certainly bring a case for restitution of conjugal rights,immaterial of the fact whether husband and wife live together or not. Mr. Y. Prakash and Mr. Prabhakar have perfectly advised in the matter.

AEJAZ AHMED (Legal Consultant/Lawyer)     28 February 2009

In respons to Mr. Ajay


With due respect:


Can,  these grounds attracts for ' Restitution of Conjugal Rights' ?


She is not interested in living with me as life is totally bored ,


She cannot support me and my old parents ,


She will not allow  my daughter to see my parents


and  her grand parents love to my daughter ,never come to their place  and  ' i have started asking these /questioned that is leading to a big quarrel in  every night ' .


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