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Hope Future (Fighting for justice)     04 March 2012

No justice

My friend had been staying abroad with her husband. All through 8 years of marriage what she got was mental and physical torture from her husband and in-laws. About 5 years back she and her daughter was forcibly thrown out from her in-laws house in India. Fearing that we would file a sec 498a case against their family, the husband filed a divorce case against her on the grounds of cruelty.

But recently to our surprise the Family Court granted the divorce on the grounds of cruelty and did not give any maintenance to her. The earlier judge has announced a decent maintenance amount but no final maintenance by the new judge. Though, she got the custody for her daughter and some maintenance amount for her daughter.

Need help on following matters:
A) Clearly justice has not been done and the term 'cruelty' might be a black spot on her despite being innocent?
B) With no maintenance amount, does the court expect her to starve and die. Isn't this like Capital Punishment?

What are the options we currently have please advise.


 12 Replies

Shantilal Pandya ( Advocate)     04 March 2012

it is not  clear  whether the  wife appeared in the court  and  defended the  case on merits ?she should have defended the divorce  case  with the  assistance of  a  senior lawyer .

if the interim maintenace  was  awarded  by the court in the  same proceeding ? 

The divorced wiife  and her  child  can  still ask for permenant  alimony   by filing  an application  in the  very  same  court  even after  the main divorce  case is  disposed off,

 with respect to decree of divorce  she  can file an appeal  against the  decree in the appealte court if she is  not  satisfied  with the  decree ,,

  I  may  mention  here  that  the  court  has jurisdiction   to  grant permenent alimony   even soumotu  and without an application  for the  purpose 

1 Like

Arvind Singh Chauhan (advocate)     04 March 2012

Yes she may file appeal.

1 Like

Hope Future (Fighting for justice)     04 March 2012

Thank you for you time and suggestion Pandya Sir.

Yes. The wife defended the case  with the help of the lawyer. The interim maintainence was awarded in the same case about an year back.

Case History: After husband filed for divorce in mid-2008 Judge A was handling the case and awarded interim maintainence in early 2011. But the husband (falsely) claiming unemployment asked for the review. Then Judge A was transferred and Judge B came into the picture nothing much happened. Then Judge C came and within couple of months passed this judgement.

So as I understand even without the final maintainence the wife can still ask for permenant  alimony. Also we can appeal  against the  decree in the appealte court. Here does the appealte court means high court?

kumar101 (clerk)     05 March 2012

-If she was staying abroad then how can she be thrown out of her in-laws house in India ?

-Why were u thinking of filing 498a when u had DV option ? Plz don't misuse 498a when there was no dowry demand ?

1 Like

Hope Future (Fighting for justice)     05 March 2012

Kumar, this is just to clarify that the husband's and their family are very manipulative. They all had come to India for some specific reasons. And one of which was to throw her out of the house. Which they possibly did not want to do there as there could have faced direct law consequences.

Also, the mental and physical tortures were to extract monetary gain from the wife's father. So I believe even sec 498a was applicable there. But the wife's family was hesitant to put that case as it would have directly broken the marriage. They live in a community where divorce is considered as a stigma and wife should suffer all the atrocities committed on her.

I believe that was a mistake done by not filing a legal case earlier. Anyways, that is past. But, we would be more interested as to what can be done now?

rajiv_lodha (zz)     05 March 2012

Stay clear about ur the objectives of 498a..................its punitive, its criminal law, it does not lead maintenence other rights, it punishes the party only fro they being on the wrong side of law!

LOOK BEFORE U LEAP TO 498A.........................O'wise many a women lose sight of what they want exactly!

1 Like

Hope Future (Fighting for justice)     05 March 2012

No. I don't think we are looking at the sec 498a options now. But right now we are more interested to get justice for my friend.

In the family court's final judgement the divorce has been declared on the grounds of cruelty. Also she has not been awarded any maintainence amount. These judgment has been unfair to her and her's daughter's future. The family court judge also quoted 'Case Dismissed'

So now, I am more concerend as to what can be done to secure my friend and her little daughter's future than to punish anyone? I trust god will punish the evil.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 March 2012

The remedy is to go in appeal.


Also, maintenance can again be applied u/s CrPC 125 as well.


Shonee Kapoor
2 Like

Hope Future (Fighting for justice)     31 March 2012

We finally received the certified copy of the judgment. Just to brief that my friend was given unfair judgment by the family court. Her husband had filed for the divorce on the false grounds, but the judgment was given in his favor on the pretext that we did not provide evidence to prove his claims wrong. I don't understand what evidence the court expects in family matters and how is tortured wife expected to collect it? The judgment clearly looks incomplete with even a lack of clarity on what basis the verdict was arrived.

Anyways as suggested by some of the esteemed advocates here an high court appeal can be done within 90 days of receiving the certified copy of the judgment. Hope I am correct? Can maintenance under section CrPC 125 be applied parallel? Also could you please advise what is the next immediate steps after receiving the copy of the judgments? Should a stay order be requested? Aren't judge's rationale questioned ever by anyone?

I really appreciate the suggestions received from everyone in the earlier posts. Special thanks to Shantilal Pandya, Shonee Kapoor,  Adv. Chandu and to all others. Let the good prevail over bad!


Hope Future (Fighting for justice)     12 April 2012

We were shocked to read the judgement copy. The judge gave an affirmative verdict on the false claim by the husband that the wife had caused cruelty. The judge states this was based on evidence produced in the form of husband's father. Well, obviously he would tell somthing which would protect his son!

The judge also states since the the wife could not provide the evidence her version could not be belived. What kind of evidence you can obtain in domestic matters. Also, the judge should have been fair enough to even ask the wife's father as evidence.

Also, the husband falsely claimed that the wife herself had gone to her parents house, but the fact is that she was thrown out her matrimonial (in-laws) house and then her husband absconded abroad. The judge states that no maintainence has been given to the wife as she had left her matrimonial house.

Could you please advise how we can take this up further to get fair justice to the wife? Also, what are the things which would help us in successful appeal?

Self service (None)     13 April 2012

Don't get emotional, what ever applicable to wife is also applicable to husband. It looks like you and your freind are fasicnated by female biased laws and think courts trust on woman without evidence.

Just tell me what is proof you produced that woman was thrown out? or Left home on her own.

What is reason alimony not given?

How come 498 issue came in picture? Your friend /family must be threatening her. Other wise if husband lives out side country it is muh easier for him to get divorce compared to India.

Just blackimailing and being woman does not give you upperhand in court. Also wife was represented by advocate, what you were doing during trial? also if wife don't want to stay with husband why to resist? Or seems your problem is court gave divorce but no money, correct?

All plan failed.

Hope Future (Fighting for justice)     14 April 2012

Thank you 'Self Service' for your insensitive advice. Yes I understand your concerns that sometime the law are gender biases and that's why you may feel pleased that the case did not go in women's favor. But I can only be honest saying that in this partcular case the proceeding has been biased on the men's side.

You will actually feel if you were to meet us and hear us on what type of manipulative people exists who just fabricate things. I can just sadly say that truth has no justice in this world.

Just pray that let the truth win instead of looking at the gender.

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