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sagar jadhav (employee)     01 October 2015

Family court dv dismissed

liittle background


now today I gone to family court

I confirmed that if wife dont appear next date ,case will be dismissed


my questions

1) how to get easy dv without paying her ailmony

2) will she again file case and waste court time?


 10 Replies 971794 (Advocate)     01 October 2015

Question not clear at all


It is difficult in India to get divorce if lady does not want.Will need solid evidence with you as defined under Hindu laws( You being Hindu,I suppose) to dissolve marriage. But why you want to divorce without alimony? That is pretty bad. Be grateful to our lax law makers that there is no mandatory provision for getting your self acquired property divided in alimony, so far. You got to give maintenance to your wife if she does not earn and you have good income.There is no shortcuts. Your wife/child (even if out of wedlock) can claim maintenance any time in future too.Under 125 CrPC fast proceedings take place before magistrate for interim maintenance which is later adjusted into civil court order.You may get divorce ex-parte, but ex parte order can be got set aside by your wife if appealed soon enough.It is better you get her to come to court and have a fair contest and judgment for long time peace. By the way why you dont want to pay alimony? Do you think marrying is just for fun?

sagar jadhav (employee)     01 October 2015

Thaks Gupta sir

she filed dv not me


Even if she filed divorce suit,she can claim maintenance from you now and in future unless you both have entered one time lumpsum settlement with approval of court.

sagar jadhav (employee)     02 October 2015

plz chk link

she filed dv and she not appearing,I dont think she will get maintence

question is how I get dv then?

KS Johal   02 October 2015

Dr Rajendra K Gupta is absolutely right with regards to maintenance and other factors that have been highlighted. Please take note of what has been said do not take things lightly. KS Johal


Jadav why do you want to outsmart your wife and try to get away your responsibilities. Forget law for time being. Law is to serve society and human beings, and law is not above it or separated from it. Even our lawyer friends shouldunderstand this. I think experts here have told you enough and you must be having a comptent lawyer with you already.

Reply these questions to yourself honestly:

1. Why there is dispute between you and your wife

2. After how many years of marriage this happened

3.What she really wants? ( women dont want much)If she is not at all happy with you or finds you short on expectations like income or cultural compatibility or lifestyle, just set her free with mutual dignity.

4. You said she filed the suit.Why did not you request court for conversion to mutual consent clause 13(B)

5. Does she really need maintenance ( Once she remarries no maintennace entitled) for herself/any child?

6.Did you love her and do you love her still?

7.Do you want to be fair to each other

I hope if you answer yourelf hoenstly, do some soul searching, and make right efforts, you can possibly save marriage which all of us would love to see. Just request some one elder and respected citizen to mediate and settle matter. If you still fail make a settlement letter on all issues and get it approved by same court and get easy dissolution of mariage


sagar jadhav (employee)     02 October 2015

mr Gupta

I already given details and multiple times told you to check link where previous case history is there

instead of making allegations on me and my motive,please try to be freind and help

sagar jadhav (employee)     02 October 2015

plz check below revious query

here u will get more details

prashant m. joshi (lawyer/advocate)     02 October 2015

i agree with guptasir


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