Fail to understand (zzz) 16 July 2014

What to do or how to proceed?

My friend’s wife left the matrimonial home 2 times within three months of marriage. This was my friend’s second marriage after death of his first wife and having a child from first marriage.

1. # She was unable to adjust or balance between her working life and domestic life leads to irrational and violent behaviour in the matrimonial home and wanted to go for mutual divorce.

2. # Without having the knowledge of child adoption rules, she wanted to adopt another child immediately after marriage but my friend refused for any adoption as he has a child of 14 years. My friend and wife both went for marriage counselling but it failed and left for parental home.

3. # My friend and his father went to her house to bring her back but she misbehaved with every one and started screaming, and threatened to commit suicide if her mother forces her to go back to matrimonial home. However the she came back after 5 days.

4. My friend took his wife, daughter, parents and mother-in-law for a short trip to improve the circumstances and help her to forget whatever happened, collectively with the help of all family members. But she again showed her irrational behaviour and anger.

5. # She removed all her ornaments before finally departure and while leaving the matrimonial house. She and her brother threatened the husband and in-laws, to be imprisoned under 498a and Domestic Violence resulting my friend’s mother suffered a cerebral attack and paralysis.

6. # My friend tried to bring her back, but she refused to come and took back all her belongings and apparels include the marriage ring and other gifts given to my friend during marriage.

7. # My friend informed the local Thana, and the I/O came and assessed the situation. Now after 6 months, she wanted to come back informed via SMS, and at the same time put her profile in matrimonial site for re-marriage.

What should my friend do now?

a) Should he initiate mutual divorce or should he wait for her to initiate the process, as 1 year of marriage is completing in Aug 14.

b) Can she claim alimony as she is almost earing at par with my friend?

c) What are the precautions my friend should take so that he and his family should not suffer any more and end this depressing nightmare?

Thanks in advance.

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8 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 16 July 2014

Section 14 of the Hindu Marriage Act, 1955 provides: - No petition for divorce to be presented within one year of marriage.No maintenance to wife, when she is working women.In case of divorce alimoney has to pay

Fail to understand (zzz) 16 July 2014

Thank you Ramachary Sir. I could not get your last point "In case of divorce alimony has to pay". Can you please explain...

Sir, she stayed only 3 months at matrimonial home, and do not have any child out of the wedlock. She is getting around 4K as house rent allowance from her job. She already has a flat and a car in her name before marriage. Is it still necessary to pay alimony.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 16 July 2014

Dear,

Divorce as per section 14 at least one year must have been passed or in exceptional circumstances the court could grant before 1 year if hardship is shown by the parties, and so far as mutual consent divorce is concerned section 13B provides that the parties must have been living seprately from last one year.

Now the next thing is that if the wife is earning same amount, it will be taken into consideration by the court while granting maintenance and the court in its discretion could either grant or reject the same.

If you friend is interested to reside to gather with his wife, then he should immediately file Restitution of Conjugal Rights under section 9 (which would further substantiate his bonafide to reside to gather).

Last but not the least, your's friend wife can file a suit for maintenance or can do all possible rights granted to her be law(which can never be anticipated before).

Regards

Advocate Kapil Chandna

9899011450

(Guest)

Originally posted by : Fail to understand

My friend’s wife

Ha ha ha, you seem to be knowing more about your friends wife than him :-))

For once why dont you agree it is your wife???

What should my friend do now?

a) Should he initiate mutual divorce or should he wait for her to initiate the process, as 1 year of marriage is completing in Aug 14.

Let her initiate divorce proceedings, you wait.

b) Can she claim alimony as she is almost earing at par with my friend?

Yes, she can claim alimony, but not necesary that she will get it.

c) What are the precautions my friend should take so that he and his family should not suffer any more and end this depressing nightmare?

One main precaution you could have taken, that is to not marry. Now no more preacautions, just suffer at the hands of the cruel wife. Try paying her lumpsum money and get MCD. THat is best option for you.

Thanks in advance.

Fail to understand (zzz) 18 July 2014

Thank you Advocate Kapil Chandna, Mr. Helping Hand for your kind advise.

Mr Helping hand, the husband is my classmate, who happens to be my brother-in-law also.

Thanks again for your guidance and hope you will guide us in future also.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 19 July 2014

You can file CrPC 144 petition "Power to issue order in urgent cases of nuisance or apprehended danger" by showing the report of the police to be in safe side.

My personal opinion is avoid HMA. Look for a good unmarried girl and start live-in relationship. Let her file divorce and file what ever she can. If she files maintenance case then always show that you are jobless.

Please follow the link bellow : -

https://www.lawyersclubindia.com/forum/Interim-maintenance-case-105770.asp#.U8pEaECm9dg

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 20 July 2014

Whether the police has investigated on your FIR? if yes, take certified copy and annex copy of it with your petition U/S 144 CrPC. If not then register an FIR first, take certified copy and file CrPC 144.

Fail to understand (zzz) 22 July 2014

Dear Rocky,

It was a general diary in the local police station and it was acknowledged with stamp and diary number. After that, an inquiry officer came and inquired both at friend's house first and Girl's house later. While leaving they said, if required we will call both the parties at police station. After that, police never called back.

As suggested by you, ll try to get the report submitted by the I/O. and shall get back.