Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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kajal (nothing)     28 July 2017

Divorce case

If wife want to stay together but husband do not want and for that reason they staying separately since 3/4/2011 and in 2012 wife filed case u/s 9 rcm and in reply that husband file wpt u/s 13 (1) (a) but that case decision not of any one favour ( both loss case )in 2015  now in 2017 husband file case against wife under sec 13 (1)(1b)  in same family court so what next step wife can take.



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 10 Replies

Raveena Kataria (Advocate )     28 July 2017

Well, get in touch with a local advocate if you want to get through all the legal proceedings more effectively and smoothly. Rest assured, the husband will not be granted divorce u/s 13(1)(ib) for the fact that he himself deserted the wife, and the court shall deem that as him taking advantage of his own wrong. The wife, however, if she files for divorce on grounds of desertion, will be awarded with the decree along with interim/permanent maintenance as per the court's discretion (i.e. if she does file for maintenance.)

1 Like

Abhishek Dadhich (Advocate)     28 July 2017

These steps can be taken by a married woman against her husband -

u/s 24 HMA for Maintinance for legal requirements of the case

Dowry case - sec 489a IPC

Domestic Violence,

Unnatural Act 377 IPC

and do not forget to have a good lawyer.

Raveena Kataria (Advocate )     28 July 2017

Hi! I will have to disagree with what's been stated by Abhishek Dadhich above. (And if he reads this answer, I'd seriously advise him against giving similar counsel in the future for the sake of the principle of good-conscience.)

I'd advise you to not file a false criminal complaint against your husband. Apart from the fact that it'd be highly unjust and illegal for you to give false statements, the court requires evidence to establish the accused's guilt, and you being unable to provide any will seriously undermine your case and may subject you in the future to criminal/civil suit(s) for malicious prosecution. Best that you stick to the facts in the Court of Law. 

2 Like

Rishi kumar   28 July 2017

Yes Raveena Kataria, 

Clients need future lawyers like you. Who respect LAW. The already fraudulent parties are encouraged to lie through their teeth without any shame or substance and I wonder how they manage their red faces before the judge. 

1 Like

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     28 July 2017

Husband filed divorce on the ground of desertion. The wife has to file reply and she can validly argue that she has never deserted and forced to stay away from matrimonial home. She would show her willingness to go back to matrimonial home. Then his divorce petition would meet the same fate that is deserved.
1 Like

Abhishek Dadhich (Advocate)     28 July 2017

Respected Advocate Raveena Kataria,

Your tried to shine by doing some ill-interpretation of my message and not understanding my message with open mind. I do not care that you got me wrong. As freedom of speech is not only your right but mine also. I will have to disagree with whats been stated by you that i adviced her to raise a false alligation. (And if you reads this answer, i'd urge you to learn principle of good-conscience that you should never judge somesone untill or unless you understand their true perspective), My intention was sarcastic. I never adviced her to put false alligation.

If you are aware of the statics, court judgements and newspaper headlines, it is a tendency in India that legal protection being used as a tool of revenge.

If you still do not understand my perspective, as you have the right to freedom of speech, I will appriciate an argument with you, it may make you smarter, but only if you come to my city or any city in Ajmer district. And one thing i really learned from this, that i should not write as what i think. I should write as how worse can it be misjudged by some ill/differrent iterpretation. I am also considering to edit my previous post to meet/survive the standards of every type of person.

Thank you.

Raveena Kataria (Advocate )     28 July 2017

Hi! I completely agree with the part where you endorse freedom of speech! Although, I'd rather say, what you should learn out of this is to make your sarcasm perhaps more apparent (so one does not take you seriously,) especially as we are dealing with people who are being faced with genuine problems in life. Indeed, I'm aware of how false cases of dowry/rape are ever-increasing in our country. More the reason why you should be careful as to what you put on this website. People aren't expecting jokes but serious advice! :)

AMIT ANAND (MANAGER)     28 July 2017

Dear Madam,

I have gone to the replies you have given to some needy people. I request you to kindly reply to my post also. For your conveniencce I am copy pasting my enquiry for your kind advice, reply expected from you, Warm Regards....

Dear Sir/Madam, My wife had left me 10 months ago(married for 8 yrs on February 2009) along with my children(Daughter 7 yrs and Son 5yrs). We have approached them lot of times to bring her back, but she never turned up. Now from last week she is asking for mutual divorce and demanding Rs.25 lacs which is not possible for me to pay her. My wife earnings are Rs.48,000/month and mine is 1 lac/month.I also own 1 house for which I am paying Rs.35,000 installment towards bank loan. I have planned to file case under section 9 to bring her back, if she wont agree then will file a divorce. I require following advice from your side. 1. Do I had to pay her maintenance allowance during the case and after divorce? 2. Do I had to pay her maintenance allowance towards my children? 3. Can I get the custody of my children? 4.. Does she has any right on my house? 5. Can she claim expenses spent by them on our marriage, like jewellery, etc. 6. What cases she can file on me to harass me like dowry case, domestic violence, etc.? 7. Any other advise/suggestions you would like to give me? Looking forward for your kind reply.....   

Read more at: https://www.lawyersclubindia.com/forum/Wife-left-home-along-with-children-10-months-back--152246.asp

Ramesh   29 July 2017

hello mr.abhishek,

 

 really iam very happy when i see your reply,becuse now a days many persons on this platform talking about morals and ethics with out prosprous guidence to clints.so nice bro for your short and bullet answer without confusing to the clint,i 100% agree with you.and friends dont blame any one every person have their own interpretation,

1 Like

Louise Meehan   15 December 2019

Everything depends on either it's gonna be an uncontested or contested divorce. If you're not going trhough a property division and have a mutual agreement on breaking up, you can file all divorce forms online at divorceonlineutah.com and save a decent amount of money on lawyers. If you have a child or there's gonna be a property division process - you better find a good lawyer.


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