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fighting back (exec)     28 March 2013

Maintainence and separation/divorce

dear members,

just want to ask a question out of curiousity

the basic law says that " man has to maintain his wife" this is the thumb rule

now suppose a person has started paying maintainence to his wife, then will his separation / RCR by wife / divorce filed by husband, gets easlier??

basically i want to ask:

now that maintainence is being paid 1) can the law still strongly tilt in favour of wife in case of RCR filed by her, telling the husband, that you still pay and live with her.

can judicial separation be easier, now that maintainence is going on

can it make the divorce case a little easier

so basically what the lawyer says : PROVIDE ROTI KAPDA AND MAKAAN to the wife, but the husband cannot be forced to stay with her.

is my understanding right???



Learning

 2 Replies


(Guest)
Originally posted by : no pain no gain....

dear members,

just want to ask a question out of curiousity

the basic law says that " man has to maintain his wife" this is the thumb rule

now suppose a person has started paying maintainence to his wife, then will his separation / RCR by wife / divorce filed by husband, gets easlier??

basically i want to ask:

now that maintainence is being paid 1) can the law still strongly tilt in favour of wife in case of RCR filed by her, telling the husband, that you still pay and live with her.

can judicial separation be easier, now that maintainence is going on

can it make the divorce case a little easier

so basically what the lawyer says : PROVIDE ROTI KAPDA AND MAKAAN to the wife, but the husband cannot be forced to stay with her.

is my understanding right???


Either pay money or take her back.


Paying money means for her food, shelter, clothing, not that you paying money for her to throw kitty parties to her friends and roam about watchiing movies.


Pay money = No need to take her back.


Paying money means not all over, pay money, but ask lawyer to move case faster, it shouldnt be so that you keep paying money for years together and case wont get over,  Get over with the case.


For bolded part:  Nobody can be forced to stay with each other, no court can force it ! Be it for husband or for wife !!

 

THERE IS one exception to it, under protection orders and residential orders claimed under DV actg 18, 23 judge can make the wife go stay with the husband, but even then there the judge cannot come and see or ask the police to go and see whether you both are having s*x or not [cohabit] or not, provided husband is found at the address which the wife has claimed where you both stayed last.

AGAIN 498A...FIGHTING WITH U (Elec. Engg.)     28 March 2013

separation doesnt get easier...

see wheather she is going for job ..if going no need of giving maintaince to her..


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