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Guest (n/a)     27 February 2009

I want to know about divorce procedure in detail?

 My sister-in law filed divorce and the first hearing is on 20th March 2009 but the guy is telling he will not come and giving all lame excuses that he is going on tour. But reality is that he is unemployed and always tell lie. He told our lawyer that he will not let her go so easily from his life. Can Divorce procedure is possible without him cause he is least interested in it and just using all mean things & creating problem for us.



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 14 Replies


(Guest)

divorce proceedings take time.


she has also required to file case under "protection of women from domestic violence act", more particularly regarding maintenance, protection etc. so that he can stop to harass her mentally, physically and financially.


 


Prabhakar

Mohan RP Rao (Advocate)     27 February 2009

Hi,


Your sister in law can insist for exparte order for divorce if the husbund /Respondant is remaining absent consistantly for more than 4 to 5 dates, if   the petition for divorce is duly served on the Respondant/husband. I will also recomand u to intiate the necessary proceedings for claiming permanent alimony.


Regards.


(Guest)

NANDKUMAR B. SAWANT,,M.COM.LL.B.(MUMBAI),ADVOCATE


MOBILE.09325226601, 09271971251


e.mail.adv.nbsawant@yahoo.co.in


e.mail.nandkumarbs@sify.com


REGARDING YOUR QUESTION  ABOUT DIVORCE KINDLY NOTE THAT,


1.YOU MAY FILE A DIVORCE PETITION UNDER SEC.13 OF HINDU MARRIAGE ACT STATING DETAILS FROM THE DATE OF MARRIAGE AND PLACES WHERE THE MARRIED COUPLE RESIDED AND DETAILS OF DATES AND INCIDENT OF ILLTREATMENT AND CRUELTY BOTH PHYSICAL AND MENTAL AND HARASSMENT FOR DOWRY MONEY AND OTHER REASONS OF DISPUTE. YOU HAVE TO ENCLOSE MARRIAGE INVITATION CARD AND PHOTOGRAPHS OF HUSBAND AND WIFE AND ALSO INCOME PROOF OF HUSBAND AND PROPERTY DETAILS OF HUSBAND IN CASE WIFE IS CLAIMING MAINTAINENCE AND PERMANENT ALIMONY (ONE TIME LUMP SUM PAYMENT)


2 ONCE YOU FILE DIVORCE PETITION IN THE LOCAL COURT THEN NOTICE WILL BE ISSUED TO THE OTHER SIDE HUSBAND  AND IN CASE HE IS SERVED THE NOTICE AND REMAINS ABSENT THEN YOU MAY FILE APPLICATION IN COURT TO PROCEED EXPARTE WITHOUT THE SAY OF HUSBAND.


3.THEN YOU SUBMIT YOUR AFFIDAVIT FOR EVIDENCE AND IN CASE STILL YOUR HUSBAND REMAINS ABSENT THEN YOUR APPLY TO THE COURT TO PASS NECESSARY ORDERS AND PROCEED THE MATTER EXPARTE.


4.YOU SUBMIT ALL YOUR DOCUMENTARY EVIDENCE AND AFFIDAVITS OF WITNESSED AND THEN CLOSE YOUR EVIDENCE AND SUBMIT WRITEN  ARGUMENTS.


5 COURT WILL CLOSE THE MATTER BY PASSING JUDGEMENT IN YOUR FAVOUR AND ALL PRAYERS IN YOUR PETITION WILL BE ALLOWED.


KINDLY DO WRITE IN CASE ANY FURTHER DETAILS ARE REQUIRED.


THANKING YOU


WITH BEST REGARDS


NANDKUMAR B. SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE.

Bindu (Junior Lawyer)     28 February 2009

Mr Singh,


Mr Sawant has clearly explained you in detail the procedure which will help you, further you can submit proofs that he is unemployed, therefore not in a position to run the family.

Bindu (Junior Lawyer)     28 February 2009

Unemployment in my view shall be the best ground for divorce for your sister in law

Troubled Hubby (support )     01 March 2009

Hello all


How can Unemployment be a ground for divorce in today era no job is 100% gurantee if a husband looses a job or is uemployed then in today world due to recession many high earnign husbands have lost theier job . then thier wifes should approach court for divorce


There are many instances where the court has awarded the maintenace alimony to the wife if the husband is not earning also


Mr Sawant has clearly explained you in detail the procedure which will help you, further you can submit proofs that he is unemployed, therefore not in a position to run the family.


i have a question is it the duty of only husband to run the family then what is the role of wife in the family  where is the indian society going


Here is the judgment:


CM(M) No. 1790/2006 Ritu Raj Kant v. Anita


“The maintenance is to be fixed on the basis of actual earnings of a person and not on his being able bodied person. In this country, there is no job guarantee given by the government to every able bodied person. Many able bodied persons are jobless in our country. The only job guarantee is under National Rural Employment Guarantee Scheme under which 100 days labour work is assured to an unemployed rural person. The husband does not qualify for that. Moreover, the wife is equally able bodied. The wife has failed to show, in this case, any earning of the husband. She did not dispute the facts stated that the van was sold by her, the house was sold by her and she was facing a case filed by the father of the husband in respect of illegal sale of the house. The amount received from sale of the house is with the wife and she must be earning interest on it. She has failed to show any source of income to the husband. The bald allegation of his doing tuition without stating as to what was his educational qualification and to whom he was teaching, would not serve the purpose.”


If Unemployment is ground for Divorce then will she say the court that i do not want alimony /mainteance


 


 


(Guest)

Binduji,


kindly read section 13 of Hindu Marriage Act which laid down the grounds for decree of divorce.  In those grounds, unemployment is not a ground.

Mohit Attri (lawyer)     01 March 2009

thank uTroubled Hubby sir.u r saying rite.  section 13 of Hindu Marriage Act which laid down the grounds for decree of divorce.  In those grounds, unemployment is not a ground.


 


but in the SC it might be a ground under article 142 of indian consitution.


(Guest)

No. Mr. Mohit.  Even the SC cannot usurp the powers of law making body by applying Article 142.  In divorce provision of the statute that "unemployment" ground is not there and the petitioner seeks divorce on that ground, it is not poosible to get divorce.   It is seen in some cases, if the S.C. wants to give relief and which by normal interpretation of Statute, is not permissible, they see the facts from different angle and provide relief. 

Arvind Singh (Profession)     06 March 2009

Hello All,


Firstly i would like to say thanks to troubled hubby for his opinion. Its really a matter to rethink that is it the only duty assigned to husband to run the family. But as you are also aware that girls after marriage are having legal right to take his share of property in propperty of her husband. So the amount of alimony will be the share of wife after divorce to run his livinghood.


But its really a true question in the present society where womens are empowered to live a prosperous life. This lawmakers should think what is the better way to make the women empowered without causing any harrashment to the men. As you are aware of the fact that we are in 21st century where we are following the western culture for women empowerment, duty of running the family should be shared by the husband and wife.


Its also my personal opinion that we should aid to build the relationship to the extent possible  and not providing support/ assistance in any kind to the peoples who really uses the law techniques for their personal goals.


Regards


Arvind Singh


LLB IInd Yr Student


CSJM University


 

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     09 March 2009

Mr. Sawant explained very clearly. If u need any type of help u can contact me at:-09871158578/09711364956

TUSHAR SUMAN THAKER (ADVOCATE)     20 March 2009

Your sister in law will have to patient as divorce ptoceedings take time. However if the husband continues to evade hearings by giving lame excuses, the matter has to be strongly submitted to the court, and you will have to ask for exparte hearing of the case.


In the meantime to bring pressure upon the husband, your sister in law should immediately start proceedings for maintenance, and after the court awards maintenance, the husband will have to go on paying money regularly so long as the case is pending. This may put pressure on him to proceed with the case more diligently, or he may agree to give divorce by mutual consent.


Further proceedings can be started under section 498a of IPC for harrasment, torture and dowry demand by the husband if he is guilty of the same.and since if convicted he will have to spend upto three years in jail, the husband may be more reasonable and come to some agreement for dissolving marriage..


In case of further queries, you may contact me at tsthaker@rediffmail.com.


Best of Luck.

Swami Sadashiva Brahmendra Sar (Nil)     21 March 2009

hi all ! its a matter between jija , sali and sadhu. let the case be adjourned for some time . things will become normal and she will withdraw her petition.


(Guest)

Of all the replies here Dr. Tripathi reply is best.

1. How come unemployment be ground for divorce when irretrivable breakdown of marriage is no more ground for divorce as per Justice Katju !

2. How come exparty decree can't be challenged by husband later on just showing his unability to work be it able bodied as per Justice Dhingra minimum wage theory !

3. How come no one thinks here that Divorce is a extreme solution either spouse resorts to at the end when there are no more solutions left out !

4. How come un employed husband can't claim S. 24 HMA against his wife who has hired a adv. to defend her petition vis a vis this husband who appears in person just to claim first S. 24 HMA !

5. How come DV Act applicability is advocated when the matter is something else!

Please note criminal route adobted by female goes only to show that she is determined to get divorce vis a vis only 2% conviction till date and counter complains by other spose.

With utmost regards to Ld. Legal faculty I say Indian Legal faternity is well trained to represent suit in favour of women (female) and not at all taught to fight for husband's point of view !

Again with highest regards to ld. legal faternity here some of the answers are untenable arguments in the eyes of Law.

I know I have nailed my last nail by saying above but somehow I could not support all these arguments which are non existing as per gender neutral codified HMA The Act.

Mods may unsubscribe me if everyone here feels I said something which is a truth but not acceptable to all here.

Regards,

D. Arun Kumar, New Delhi


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