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ramesh   12 April 2017

divorce widout proof

dear Seniors one small query Husband has filed divorce on desertion And dont hav any proof of cruelty of wife except a diary in p.s and living separately for last 6 yrs, is this ground is sufficient for divorce? Wife has filed hma24 and got 8k has interim, now she filed attachment of salary of husband.Advocate is saying tht witdrw divorce and v ll file divorce after smtime wid sufficient proof Pls give sm suggestions does withdrawing of divorce after hma24 is ordered is gud?


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 10 Replies

Vegitta   12 April 2017

Become jobless and file petition for lowering maintenance stating u r jobless now. She will get 2 to 3k maintenance, after that withdraw divorce and file sec 9 and ask her to join you stating u r ready to take her and after that ask her to do job to support u. One she start staying with u will get ample evidence.

Vegitta   12 April 2017

Become jobless and file petition for lowering maintenance stating u r jobless now. She will get 2 to 3k maintenance, after that withdraw divorce and file sec 9 and ask her to join you stating u r ready to take her and after that ask her to do job to support u. One she start staying with u will get ample evidence.

ramesh   12 April 2017

@vegita husband is a govt employee

Sachin (N.A)     12 April 2017

You did mistake by filing divorce case without sufficient proof moreover you should be aware that whenever you file case under hindu marriage act whether it is divorce or RCR ( u/s 9) she will file sec 24 in response to it.

Now even if you withdraw your case your wife still can file case of execution to get the already allowed maintenance.

Better to give onetime alimoney and go for MCD

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     12 April 2017

The decision is upto you. 

Divorce is a process that can be just as life-altering as marriage itself. If you and your spouse have begun divorce proceedings and wish to reconcile, rest assured, reconciliation is possible. For social and familial stability, the law encourages marriage and tries to discourage divorce. Therefore, there are ways to halt divorce proceedings right up until the moment the judge signs the divorce decree.

 
 

whatnot   12 April 2017

If she has stayed 6 years away from co-habitation then husband should have proof for this desertion.

7 years 'unknown' separation is ground of divorce. At least moves into irreconsiable marriage.

Depends on what was filed as a prayer in petition.

 

RCR is actually good tool to prohibit maitainance. By law court has to do all in it's power to cohabitation to continue and marriage to survive. And if court decide on a maintainance then it is an insult to the prayer in petiton and court has acted agaianst sanctum of marriage.

You should fight maintainance. But there was no RCR.

 

So best thing to do is produce enough evidence of separation and puruse matter.

A walk alone (-)     12 April 2017

Husband should not withdraw case. They are already separate since 6 years. Husband should try to fight case on his merits. Consult a good family lawyer. He can suggest husband better way to create evidence. Husband can prove her desertion eg. 1)husband can say in starting 1-3 years he call her so and so dates to come back , but she dnt. No mobile service network I think will provide past 5-6years call details. 2) husband can say he visit her house so and so dates of 5-6years, but she and her family behaves very bad and she dnt come. No mobile service network will provide location details of past 5-6 years. Do you think advocate will gather evidence after some time. The work which he can't do during past six years, he will do suddenly. Husband has already waste 6 years. If husband withdraw husband will waste another a decade in roaming court.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     13 April 2017

Contest case on merits.  Even if you withdraw, you have to pay maintenance till the date case is closed.  Divorce on the ground of desertion, you have to prove that your wife separated from you for last more than two years without having sufficient cause.  It would become her responsibility to prove that there is sufficient ground for desertion.  By the way, even if you withdraw divorce,,she will file S.125 cr.p.c. maintenance case and  claim maintenance of the amount what she got it in S.24 application.

Kumar Doab (FIN)     14 April 2017

Sufficiently advised.

Next time be it any matter try and avoid litigation until irrefutable evidence is available.

 

Being Human (LLB)     14 April 2017

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