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ram (caller)     22 May 2012

New divorce law queries

Dear Members,

I have few questions on the new divorce law.

  • When is it expected to be implemented
  • What if I had already applied for divorce due to cruelty before implementation of the law but the judgement is still pending
  • What if the husband had filed RCR and it went ex-partee in his favor, the wife never responded back to the decree which was sent.
  • The marriage is 15 months old but no physical relationship till date, it remains unconsumated. wife stayed in matrimonial house for just 2 weeks.
  • Wife wrongly accused husband of being impotent in front of family members when they had gone there for resolving the issue during the 4th month of marriage also constantly harrasing him over the phone through messages and calls. In 1 message she clearly calls the husband impotent.
  • Wife earning a resonable salary approx 30k, is the husband still entitled to provide her maintaince or 50% share in the property.
  • What is the time line for an ex parte divorce (assuning she doesnt turnup for the hearing) since the RCR also went ex parte so it shows clear intention of wife not being interested in returning back.
  • Can i still be implicated in 498a, cant this be seen as a counter blast if she files now after 15 months.

Thank you in advance.



Learning

 4 Replies

Tajobsindia (Senior Partner )     23 May 2012

 

 

Originally posted by :ram

"

I have few questions on the new divorce law.


When is it expected to be implemented
Take:
As and when Parliament passes it. Currently not yet passed PERIOD


What if I had already applied for divorce due to cruelty before implementation of the law but the judgment is still pending
Take:
The Amendment in HMA is still not a Law and we do not know if it can be ‘retrospectively” passed. We have sent RTI to exactly find that so wait for correct answer for some other time.


What if the husband had filed RCR and it went ex-partee in his favor, the wife never responded back to the decree which was sent.
Take:
The limitation to RCR ex party Decree is 1 year to Execute and after that you are eligible to apply for plain vanilla Divorce decree.


The marriage is 15 months old but no physical relationship till date, it remains unconsummated wife stayed in matrimonial house for just 2 weeks.
Take:
File for divorce on this allegation with reasonable proof and witness statements you will succeed.  


Wife wrongly accused husband of being impotent in front of family members when they had gone there for resolving the issue during the 4th month of marriage also constantly harassing him over the phone through messages and calls. In 1 message she clearly calls the husband impotent.
Take:
Noted facts.


Wife earning a reasonable salary approx 30k, is the husband still entitled to provide her maintenance or 50% share in the property.
Take:
What is your income and liabilities? First answer this to give you guess work answer back.


What is the time line for an ex parte divorce (assuming she doesn’t turn up for the hearing) since the RCR also went ex parte so it shows clear intention of wife not being interested in returning back.
Take:
read above on Execution of ex Party decree first. Answer is before the Court burden of cases best is to ask from Court reader on guess work on cases currently being handled by concerned Court in area jurisdiction where proposed suit for divorce may be filed!


Can i still be implicated in 498a, cant this be seen as a counter blast if she files now after 15 months.
Take No summary reply available right now. Depends from unfurling case to case.

"

 

 

Alok Tholiya (self employed)     23 May 2012

Get medical certificate first that u r not impotent. 

SAINATH DEVALLA (LEGAL CONSULTANT)     23 May 2012

Surely you will be implicated in 498a,and be ready for it.This a common practice.

Dr J C Vashista (Advocate)     27 May 2012

The amendment is proposed and to be debated by parliamentrian, if they have desire, time, interest, acumen, knowledge about its repercussions (pros and cons) which shall see the light of day after getting Presidential accent and notification.

However, lot of time and efforts for the proposed amendment which CANNOT be retrospective (take it granted)

Dr. J C Vasista, Advocate #09891152939  


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