Subhomoy Das (Retail Manager) 29 October 2012

Divorce

Q1. CAN THE HUSBAND FILE DIVORCE CASE DIRECTLY ( NOT RCR ) ON GROUND OF DESERTION AND CRUELTY AS THEY BOTH ARE STAYING SEPERATELY FOR MORE THAN 24 MONTHS CONTINUOUSLY.

Q2. IF THE DIVORCE DECREE IS GRANTED IN FAVOUR OF HUSBAND ON GROUND OF DESERTION AND CRUELTY WILL THEN THE COURT ASK THE HUSBAND TO PAY ALIMONY / MAINTENANCE ? IF THE HUSBAND CLAIMS FOR CHILD CUSTODY WILL HE GET IT ?

Q3. IF THE HUSBAND FILES FOR DIVORCE DIRECTLY ( NOT RCR ) AND IF THE WIFE DOESNT ATTEND ANY HEARING NOR APPOINT ANY LAWYER -- MEANS IF SHE DOESNT CONTEST AT ALL WILL THEN THE HUSBAND GET DIVORCE DECREE AS AN EX-PARTE. THE WIFE HAVE NOT FILE ANY DV CASE / 498A CASE AGAINST HER HUSBAND TILL DATE. NOR THE HUSBAND FILED ANYTHING YET. ITS ALL THE FUTRURE PLAN OF ACTION FROM HUSBAND.

Q4. UNDER THESE CIRCUMSTANCES WHICH THING SHALL THE HUSBAND FOLLOW. TO FILE RCR CASE (under sec. 9 ) OR TO FILE DIVORCE CASE DIRECTLY ON GROUND OF DESSERTION AND CRUELTY FOR LAST 24 MONTHS ++.

PLEASE ADVICE.

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3 Replies

stanley (Freedom) 29 October 2012

Originally posted by : Subhomoy Das

HUSBAND AND WIFE STAYING SEPARATE FOR 2 YRS THOUGH COMMUNICATION OVER PHONE / SMS IS STILL GOING ON. THEY ARE HAVING A 3 YRS OLD BABY SON. SON IS STAYING WITH HIS MOTHER. HUSBAND ASKING HIS WIFE TO RETURN BUT NOT LISTENING. HER PARENTS NOT ALLOWING HER TO RETURN BECAUSE HER PARENTS ARE DEPENDED ON THEIR DAUGHTER BY ALL MEANS. NOW THE HUSBAND IS FED UP AND PLANNING TO FILE A DIVORCE CASE.

Q1. CAN THE HUSBAND FILE DIVORCE CASE DIRECTLY ( NOT RCR ) ON GROUND OF DESERTION AND CRUELTY AS THEY BOTH ARE STAYING SEPERATELY FOR MORE THAN 24 MONTHS CONTINUOUSLY.

yes he can

Depends you have not stated that wife is working or not you have just stated that her parents are dependent on their daughter maybe bcoz they are old and require her support morally and physcially . If she is working no maintanence but for the child you would have to pay maintanence .upto 5 yrs normally the mother has the custody of the child even though you can still try for custody of the child .

Q3. IF THE HUSBAND FILES FOR DIVORCE DIRECTLY ( NOT RCR ) AND IF THE WIFE DOESNT ATTEND ANY HEARING NOR APPOINT ANY LAWYER -- MEANS IF SHE DOESNT CONTEST AT ALL WILL THEN THE HUSBAND GET DIVORCE DECREE AS AN EX-PARTE. THE WIFE HAVE NOT FILE ANY DV CASE / 498A CASE AGAINST HER HUSBAND TILL DATE. NOR THE HUSBAND FILED ANYTHING YET. ITS ALL THE FUTRURE PLAN OF ACTION FROM HUSBAND

you may get a exparte order and in return you may be gifted with a DV case or a 498a Case thats a part of life and you have to take it in your stride and contest it .

Q4. UNDER THESE CIRCUMSTANCES WHICH THING SHALL THE HUSBAND FOLLOW. TO FILE RCR CASE (under sec. 9 ) OR TO FILE DIVORCE CASE DIRECTLY ON GROUND OF DESSERTION AND CRUELTY FOR LAST 24 MONTHS ++.

This is your call to decide what exactly you want

PLEASE ADVICE.

Subhomoy Das (Retail Manager) 29 October 2012

WIFE HAVE JOINED A CONVENT ENGLISH MEDIUM SCHOOL AS PGT. DRAWING SALARY AROUND Rs. 18000/- P.M. DOES SHE ENTITLED FOR MAINTENANCE. IF THE HUSBAND IS REQUIRED TO PAY MAINTENANCE FOR THE CHILD THEN UNDER WHAT IPC THE WIFE AND HER PARENTS BE BOOKED FOR NOT ALLOWING THE HUSBAND TO SEE HIS SON. THEY ARE THREATENING WITH DIRE CONSEQUENCES IF THE HUSBAND EVEN THINKS ABOUT THE SON. IF SUCH IS THE SITUATION THEN WHY THE HUSBAND WILL PAY MAINTENANCE TO THE SON WHEN HE IS BEING DENIED THE RIGHTS OF FATHER. IF THE PARENTS ARE TOTALLY DEPENDENT ON THEIR DAUGHTER BECAUSE THEY ARE TOO OLD REQUIRE PHYSICAL, MENTAL, FINANCIAL SUPPORT OF THEIR DAUGHTER THEN WHY DID THEY GOT THEIR DAUGHTER MARRIED. DOES HER PARENTS DIDNT AWARE THAT AFTER MARRIAGE THE LADY GOES AND STAYS AT HER HUSBAND HOUSE. OR WHAT THEY THINK THAT THE MARRIAGE IS JUST A CHILDS PLAY AND THEY CAN DO MOCKERY OF THE MARRIAGE (HINDU MARRIAGE). DOES THE WIFE AND HER PARENTS HAVE ANY MORAL OR FUNDAMENTAL RIGHT TO PLAY WITH THE HUSBAND LIFE AND HIS FAMILY.

???

stanley (Freedom) 29 October 2012

For the child you would have to pay maintanence and it is co-extensive both have to contribute . As regards to Visiting rights you can apply for it under gaurdians and wards act and you will be awarded the same . But if you are taking for granted what your in laws are saying as they are not the court to decide on the same than nothing is ever going to happen .So go ahed and file for visitation or custody .

i Just wanted to know if the parents are financially dependent on her . Hence the question and thats your problem if parenst werent aware or not and u have to tackle it not me !!