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Dilip Babu (Engineer)     16 February 2011

Facing Sec.18 of HAMA. Just granted Divorce.

Hi All,

This is Dilip. We got married and lived together for almost two years but marriage was never consummated since she was always averse. Over some arguments she left and stayed away and I went my way.

Five years after that, she filed for RCR and 3 months later I filed for Divorce. Clubbing both cases, after a 11 month trial, the court dissolved the marriage and granted Decree of Divorce on grounds of Cruelty (depriving husband of conjugal life) and Desertion.

However, during final arguments of the above cases she had filed for maintenance arrears of last three years @ Rs.20,000/- p.m. (Total : Rs.720,000/-) under sec.18 of HAMA 1956 which is now comming-up for c/e.

Have few questions. In the light of the Orders in favour of Divorce and Dismissal of the RCR,

What should I expect ?

What should I do ?

What can I do ?

Can she find some other sections / laws to claim alternatively or additionally ?

Is there any rule that automatcally applies to counter the maintenance ?

Does the Divorce Order stand me in any advantage ?

Please suggest citations that say "No mintenance or Alimony to Cruel or deserting Wife".

She is well qualified and capable and healthy.

Please advice. I am anxious & have much hope here since  I see lots of mature and knowledgeable members on this forum.

Thanks & Regards,

Dilip Babu.



Learning

 2 Replies

Self service (None)     16 February 2011

You can find many on internet like : https://498amisuse.wordpress.com/2010/12/01/deserting-him-without-any-reasonable-excuse-unable-to-prove-cruelty-no-maintenence/

also many judgements for denial of educated and capable wife even if she is unemployed.

1 Like

Dilip Babu (Engineer)     16 February 2011

Thanks Self service.


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