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SubKon (NA)     23 September 2014

Judicial separation vs permanent alimony -plz urgent

My husband and I  had disputes and I filed 498a and DVC cases on my husband and in-laws (total 8 memebers) last year.we have a kid. I did a big mistake in my life.My parents spoiled my life. they put pressure on me to file all theses cases. My husband, and in-laws were in jail for 4 days. Now, I want to conciliation with my husband. I begged him a lot to forgive me but he didn't. He is not believing me and he feels that I will file cases again in future. that why he didn't allow me to join. I told him that i never file cases again. I tried a lot , but no use. He is asking divorce. I can't do that.I will be seperate from him but i don't want Divorce.my lawyer suggested below ideas to prove i will not file cases in future again.
 
1. Judicial seperation
2. Permanent alimony
 
questions:
 
1. what is permanent alimony ? is it same as Divorce? in permanent alimony and Judicial seperaiton, can wife file cases again on husband?
2. Is there any other solution for this(without divorce, how my husband avoid cases from me in future)?. 
I am ready to  give any kind of  affidavit in court in favour of my husband.
Please reply me I will share your valuable ideas with my husband.


Learning

 10 Replies

Tajobsindia (Senior Partner )     23 September 2014

@ Author,

Your Advocate has rightly suggested judicial separation and permanent alimony. 


1. what is permanent alimony ? is it same as Divorce? in permanent alimony and Judicial seperaiton, can wife file cases again on husband?

Take: Payment that a family court may order one person in a couple to make to the other person when that couple seeks decree of restitution or separates or divorces is known as “permanent alimony” and is a onetime support payment unlike “interim maintenance” which is paid during each calendar month. Permanent alimony award claim is part of Divorce proceeding (i.e. any substantial relief a party receives under S. 9 – 13 HMA, the Act hereinafter) or as per personal law of couples. In case of Judicial separation 'permanent alimony' is awarded as a ‘decree’ of judicial separation is treated as “substantial relief” within import of meaning of S. 21 of the Act read with Section 2 (2) of the Code of Civil Procedure. To your last question under this para even in case of decree of “judicial separation” a wife can file a case in future based on “then facts” on her husband as suppose if he hurts you or stalks you during ‘judicial separation decree’ then you cannot remain without remedy, is said as one of the illustration meaning.  

 

2. Is there any other solution for this (without divorce, how my husband avoid cases from me in future)?. 

Take: Suggest to first review present cases filed against husband over thinking of future cases. One may withdraw DV Application and go for quash of S. 498a IPC then do not file any more cases and then giving time to other spouse to regain his confidence for possible accepting you back into matrimonial home.

 

Ideal solutions;

 

Do not directly talk to husband instead engage a neutral mediator and let him explain following course correction to your husband – his side of family as way out;

 

1. Suggest to him that you have plans to withdraw DV Application.

2. Suggest to him that you have plans to go for quash S. 498a IPC case.

3. Suggest to him that you have plans to seek ‘decree’ of “judicial separation” from a family Court.

4. Suggest to him that you have plans to seek “permanent alimony” from family court since not having sufficient income to self and minor's support.

5. After one year of ‘decree’ of ‘judicial separation’ if parties do not reconcile their differences then only choice parties left with is to part ways amicably i.e. seek divorce from each other and it will be granted very fast.

6. Hence you can try reconciliation of differences for one year past an ‘decree of Judicial separation with Order on Permanent Alimony’ which is rightly guided by your Advocate.

1 Like

gd dy (gd dy)     23 September 2014

1. Judicial seperation : is a first step toward divorce
 
2. Permanent alimony : is a final step of divorce.

 
2 Like

SubKon (NA)     23 September 2014

Hi Tajobsindia Sir,

Thank you very much for great information...

your statement "To your last question under this para even in case of decree of “judicial separation” a wife can file a case in future based on “then facts” on her husband as suppose if he hurts you or stalks you during ‘judicial separation decree’ then you cannot remain without remedy, is said as one of the illustration meaning.  "

This means that wife can file 498a, DVC cases again on husband and in-laws even they are judicially seperated. Right?. 

 

Tajobsindia (Senior Partner )     23 September 2014

1. In theory yes. But once withdrawn same cause of action cannot be raked in to institute again asked Criminal - Quasi criminal complaint cases. Then the cases become very very weak.


2.
But why one will institute again, if positively explained, that the purpose of seeking 'judicial separation' is to either regain trust during its limitation period (one year) by parties or later part ways amicably via divorce decree since differences were not resolved. 


You first show on ground intention to withdraw / quash complaint matters and then take efforts for judicial separation decree and convince him for parting with permanent alimony (base don your income or no income status) and meanwhile pray to your chosen Goddess that everything works out amicably at the end and now request him to take leap of faith, TRUST will follow :-)

 

[Last reply]

1 Like

Sudhir Kumar, Advocate (Advocate)     23 September 2014

please be clear if case filed by you was true ro not.

1 Like

David (TL)     24 September 2014

If the cases you filed are false, withdraw them first. But this will not change your husbands heart right away because the irrevocable harm is already done to him and most importantly his parents. However thre are chances if you withdraw cases against him. But make sure he does not have any intentions to put cases against you for defamation and prejury. Right now i am in your husbands situation fighting false cases for three years and still no remorse from my wife .
1 Like

rajiv_lodha (zz)     24 September 2014

Be true to ur approach

On one hand u feel that it was wrong on ur part that filed 498a et al on husband

On the other hand u plan to re-use these weapons if he doesnot accept u in ur life

Underlying aim is .....getting money via alimony from him

So be firm & true to ur mind & approach. Take ur time to decide, its not a game. Its a matter of many lives

1 Like

(Guest)

Dear author,

 


A/t your pm and query my take on your situation:

 

1. A solution in scattered marital life is nothing but a trust which is the costliest thing which cant be get through any legal shops via caw cell, ps, ncw, rajya mahila aayog, lower court to supreme court once that trust has been tossed by any of the couple of marital chord.

 

2. Now, you have to decide what will be the equivallent justice to your innocent husbands and inlaws who has been put behind bars for falsely framed cases by you.

 

And I bet there will be no justice for such henious act done by you. Once your husbands and inlaws image, trust, intution all went on stake due to your determined and planned act.

 

3. In my view you have to first format your dirty and corrupted mind and heart and then seek remedy because what I am sensing from your query that you still not understood as what wrong you have done and still planning to file future frivolous cases on them.

 

4. Iam sorry you dont have any solution to your unclean query..

 

5. Better withdraw all cases and wait for right time to plead before your husband once he also sense a bit of chances to take you in his life or else you cant do any thing other than repent for unscrupulous deeds.

 

6. If the later situation arises then better take mcd and move on in life like a rational human being.

 

7. use your intelegence and brilliance in better things rather than only rottening your own life in false marital cases.

 

8. Next time never ever chose the route of court and police station and also apply your brain before mere falling on the words of parents, lawyers or any other persons who suggested to file such frivolous cases.

 

PS: last and only one remedy to your situation- if you can win their lost trust then you can save your almost dead marriage.

 

With best wishes,

 

ESIS

1 Like

gd dy (gd dy)     25 September 2014

gud soln., suggestion and advice.

bt on other hand do u hv any remedy fr the husband side who r TRAPPED in this type of situation.

it is a human tendency to join bandwagon of winner and nw a dys situation is in wife fvrs.

1 Like

(Guest)

 Once matter in court, its as good as over.  Divorce will happen one day, but your kid will suffer in all of this.  


You should have thought before filing such false cases.


Only option for you is to get hefty money from the divorce via permanent alimony and look for another bakra and get married as soon as possible, as time and tide wait for none.


Special advice would be, let go off the kid to your husband without creating some more nuisance to him and yourself.  As women with baggage [kids] do not really have market in matrimonial market.  So get rid of the baggage if you want to get married again.


Living separate without getting divorced will lead to more problems for both of you.  So that idea needs to be dropped.


If all ok, and you live with kid and hubby its fine. Living alone with kid as separated/divorced woman is a very big headache.  You'll be living just like a b itch in the eyes of the society.  


Do not mind the harsh words, but try to learn from it from your past foolish mistakes and think it over and take a firm decision with regards to divorce.

 

You might be surprised intially that nobody would want to marry you, as men are really scared of women who had filed false dowry and DV cases against in-laws and husband, so literally you will have a hard time to find out a suitable boy for yourself.  

 

A kid out of previous marriage, parents who are worse than enemies, and a background history of filing false cases on husband and in-laws, its a dynamite combination!!.


May God prevail sense on you.


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