Upgrad LLM

judicial separation under sec 13a of hma versus divorce


Dear Experts,

Wife is adamant that she will not give divorce, divorce filed by husband on grounds of cruelty under sec 13 of HMA. Currently case is under mediation cell of High Court (due to Appeal filed by Husband in high court against very high interim maintenance order passed by session court under sec 24 of HMA in favour of wife)

Mediation cell of High Court suggesting JUDICIAL SEPARATION under sec 13A of HMA with payment of one time Lumpsum amount of Alimony and with terms and conditions that there will be no future litigations by wife, Civil or Criminal grounds against husband.

There is one son out of wedlock, who is currently with wife

My questions are :
1) If Husband pay lumpsum amount as permanent alimony to wife with judicial separation and with condition that she had taken maintenance for her and child for entire life and she will have no right in any assets/ moveable/ immoveable property of husband in future. Can she still claim anything from husband in future on any grounds or under any other act ?

2) What can be done that she cannot claim anything from husband in future

3) If in terms and conditions it is written that wife will not file any criminal complaint against husband after Judicial separation and after receiving lumpsum alimony amount, can she still file any sort of complaint against husband or his parents under any act.

4) Can Judicial separation completely shield husband and his parents from all legal troubles or wife can still give them any legal troubles of civil or criminal in nature

5) Can husband file case for child custody after Judicial Separation

6) Can husband ask for visitation rights of child as a condition for Judicial separation

7) If child custody is not given to husband, can wife put any claim in husband's property or his father's property through child, when he attains age of 18. There is no ancestral property and all property is self acquired property of husband's father.

8) Is there any other disadvantage of Judicial Separation vis-a-vis Mutual consent Divorce other than that remarriage is not possible.

9) Can wife file any kind of appeal in Supreme Court in future

10) Can husband or wife file for divorce in future

Waiting for your replies

With Regards,

 
Reply   
 
manager

An undivorced wife can do anything.......
 
Reply   
 


manager

Custody battles can be fought anytime under GAWA.....
 
Reply   
 
Lawyer at Supreme Court of India

Dear, That's merely a suggestion by the HC that she will not file any complaint or litigation against you .... Better ask the HC to put this thing in order sheet and then only move ahead .... For child mention things clearly in the mediation centre as well. Don't leave things for future .... Kapil Chandna Adv 9899011450

Total likes : 1 times

 
Reply   
 
Advocate

1) Yes

2) Nothing, you cannot do anything legally.

3)Yes,

4) Yes,

5) Yes,

6) Yes,

7) No

8) Better go for Mutual consent divorce,

9) No,

10) Yes


Total likes : 1 times

 
Reply   
 

Thanks Shri Kapil Chandna and Shri T. Kalaiselvan for your valuable advice.

The problem is that this troublesome wife is adamant and will not give Mutual consent Divorce to husband. Only option left before husband will be to fight Divorce case filed by him against wife and also be ready for criminal cases DV act and 498 A that she is planing.

We all know the fate of most divorce cases especially which are filed by husbands since they do not have enough evidence to prove their point eventhough they might have been living in living in hell of matrimonial life with troublesome wife.

Do you suggest that Judicial separation can give any relief to husband from her troublesome wife and  from criminal cases like DV act, 498 A that she may try to use against husband. Her one such try had already failed in police

Can one time lumpsum payment can relieve him of financial battles with wife in terms of maintenance cases and periodic revision of maintenance that she will keep on filing in future which will lead to never ending financial battles for husband.

Please see the case in circumstances that wife is not not agreeing for mutual consent divorce. That is why mediation cell of High court suggested alternative relief to Husband in terms of Judicial separation. The options before husband is that he has to either fight the never ending legal battles with wife or evaluate the option of Judicial Separation. I shall be thankfull for your kind advice

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x