Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sunil Patil (Engg)     26 August 2013

Issues framed at family court

Hello Everyone.

Can someone provide citations that will defeat the following questions? I have enough emails (10), SMS (15), Phone calls (5) and letters (4) asking her (petitioner) to return back...and she replying saying that the relationship has come to a DEAD END and we should move on. I have also filed 4 perjury cases against her. The judge has decided to take all of this along with the following 4 questions, instead of disposing them earlier. Please guide.


1. Does the petitioner prove she has justifiable reasons to reside separtly from respondent and stake a claim for maintenance?

2. Is the petitioner entitled to Maintenance? If yes what would be the just and proper amount?

3. What orders and decree?


 6 Replies

R.Venkatesan (Advocate - Madras High Court)     26 August 2013

If you are really willing to live with her you should file a petition to restitution of conjugal rights to show bonafide to live with her.

Samir N (General Queries) (Business)     26 August 2013


First, the law is very clear on one aspect. If she has refused to stay with you, and you have proof of this, then you do not have to pay maintenance, unless, of course, she can prove that you had made it impossible for her to live with you. If it is merely that the relationship has come to a DEAD END, then that is not enough reason for her to stay away from you and ask for maintenance.

Also, don't you want a divorce from her? If so, this may be a good opportunity for you to file an application with the Family Court and ask it to frame another issue: "Is the respondent entitled to a decree of divorce?" For this, you may have to file a cross-application to seek divorce.

There will be cross-examinations or are they over? Make sure that you present all your evidence to her when she is a witness otherwise it may not be admissible. To do this properly, first make a list of what your arguments will be and then, accordingly, prepare what you are going to ask her in her cross-.  Make sure that every evidence you have is presented and marked as an Exhibit on the record.  Then reference these Exhibits in your arguments by exhibit number.

Also, if your wife is working, file a counter-application seeking maintenance from her.  Yes! Do it if she is working! Go on the attack.

Hope all this helps. If you need case laws based upon your specific circumstances, let me know, I have lots of them! Good Luck!!

A Blank Diary of Life (MD)     26 August 2013

Well said Samir N. Admirable.

Sunil Patil (Engg)     28 August 2013


Details on my case:

A- Maintenance Case:-

Wife filed Interim/ Miantnance HAMA1956 in Family Court Mumbai in Aug 2009. Married in 2006 with a child. She went on a holiday by applying leave at work and then disapperead to Mumbai fo 2 months when I found her working in Mumbai. Till date no orders passed, current status is issussus are framed. Breif reasons include;

- keep my parents away, did not give flight ticket, did not take to temples and churches, that my married sister stays at home. - have countered all of this with proofs.

I did make 35+ attempts requesting her to bring her back including 20SMS, 10 phone calls, 4 letters and a flight ticket which she made me cancel. All this proofs are available and on courts record (besides writing to me saying she will make police complaints against all of us, saying the relationship is come to a dea-end if her demand for seperate home is not met). Additionally I filed 4 perjury applications on her which are pending.

What support I need- citations where desertions have been established, perjury by wife or husband for lying,

Also now that I have found some more proofs can I add them to the list of documents that have to be submitted ro should I request the court to allow me to submit this?

B- Divorce Case:-

I filed a divorce case on grounds of cruelty in my state. We had a mediation settlement in Aug 2011 and then I invested some amount in Kisan Vikas Patra in childs name. She then Aug 2012 filed a stay on the case after this from Supreme Court. Her contention now is that I should have invested in Nationalized Bank as per the agredd terms and not KVP. She wants to get this divorce case transferred to Family Court. 


Samir N (General Queries) (Business)     28 August 2013

Elaborate: "Married in 2006 with child" Did she have a child when you married her?

"did not take to temples and churches" Is this an inter-religion marriage or just a liberal approach to divinity?

You are saying that she did not come back despite your asking her to do so. Then the appropriate grounds for filing divorce would be desertion and not cruelty. Desertion for more than 2 years (please confirm duration) is, I think, enough to seek divorce. Please check this. I think that desertion applies both ways - for husband as well as wife. But check to be sure.  You may have to file an application to modify your petition. Seek divorce on both grounds though. 

As for perjury, in Indian Court systems, it is a joke! People go in the witness box and perjure openly. The judge knows that it is perjury. You can provide all the proof you want but they do not do anything about it. I think it is a waste of time to seek that. Just show evidence that the statements she has made are false. Remember that when you fight a war, you have to choose the battles you want to fight. Do not fight on too many fronts. Your resources will be exhausted unnecessarily. So give up on perjury proceedings.

As for filing new documents, you cannot just submit documents. You need to file an application to do so. Provide the reason why you were not able to submit them earlier. Make up one... I had misplaced them... My sister had taken them by mistake and she just found them... I lost them in my office. Get something convincing across. Filing an application also may not be enough for the documents to be admitted as evidence. You need to get these documents across to her during her cross-examination and have them marked as Exhibits. Exhibit No... so and so... Then get a copy of the Roznama or the transcriptt of the cross-examination to check that they have been marked.

In which Court did you file the divorce case? I think that if she wants to get it transferred to Family Court it probably is the only forum for a divorce case unless there is no Family Court in your state. You should consent to the transfer because it will get transferred anyway. Just check on this...



Samir N (General Queries) (Business)     29 August 2013

You are right. This needs to be discussed privately. Please send me your email. You had done this earlier but I deleted it.  If your wife is reading this forum, with such details she will know its you and any suggestions may backfire if she knows them in advance.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Threads