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Dimple Shah (prop)     22 September 2012

Need to know about this.....

Sorry to post this again.... I did not get complete answer....

 

my bros wife stayed only 4 mothns after the marraige and deserted him, after loosing all hopes he filed for divorce and now she is asking for interim maintenence......... will it be considered...??

 

she says she is willing to get back after we filed the divorce case, We donot know her intensions......

My bro has lost all confidence with her...... Looks impossible to carry on peaceful life with her......

 

With regard to her desertion, only circumstancial evidence is obvious. even though, it cannot be confirmed if she says that my brother dumped her.......

 

She used to work before marraige, Now she completed her other MBA course recently..... She used to file IT returns... Now she says she has no source of income........... Seems like she more sort of avoiding taking up a Job because of interim maintenence application.....



Learning

 7 Replies

Tajobsindia (Senior Partner )     22 September 2012

You probably did not get clear reply due to below two reasons;

One - In husband – wife matters it is always better for themselves to sort each others issues out. Reference to and/or by third party always creates confusions.

Two – Unless reason as to why she moved out if not gets mentioned in the query then how one expects reply to once assumed satisfaction? Moreover in adjudications matters under matrimonial Laws there is nothing called I got 100% satisfaction it all boils around whether justice was done to me and to both Ld. Judges vs. Litigants delivering vs. seeking respective justice the meaning of justice delivered vs. sought also greatly differs.

However above being just pointers how adversial law in matrimonial suits plays its role even to near and dear once;

1. If she is not earning and is dependent then during subsisting marriage she may get maintenance which is purely based on arguments of Advocates from either side.

2. If she is not earning and is dependent and further shown to be earning earlier and now shown to be qualified then she can jolly well not get maintenance which is also purely based on arguments of Advocates from either side.

Clear answer can’t be given if only desertion is devoir here vs. clear answer can’t be given if for maintenance she is assumed to have deserted him.


Also I am not looking for answers to some of the above raised contentions as such pushed envelops always create confusions and it more or less generates mixed replies
J

1 Like

Dimple Shah (prop)     22 September 2012

Thank you Tajobsindia, its quite a real answer.....

 

How can one go about further take this case forward....? if you feel suitable to sugest something......

Tajobsindia (Senior Partner )     22 September 2012

he he

Wishes are horsesif I was her husband for good and for bad I would have the tenacity to answer directly to her then and there ..............

 

1 Like

Dimple Shah (prop)     22 September 2012

Frankly, ther is nothing he can directly say to her. its is only convincing the judge on this.

 

Matter has not reached to argument as yet, though, my Bro is all set to reason out and argue. hearing him he looks very confident on his very logical argument.

Still he is not sure what could be the outcome....

 

Tajobsindia (Senior Partner )     22 September 2012

He now sounds more or less like me in reference to placed query J

[last reply from me let others share their thoughts]

 

2 Like

Dimple Shah (prop)     28 September 2012

Should my brother get into live in relationship while pending divorce since 1 year....?

Will it be Bigamy....? and ist is advisable to have kids further.....? 

Rajan Bhasin (Law Student)     28 September 2012

Not advisable to start another relation till the time current one is legaly valid.


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