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ravi (employeed)     09 August 2016

Section 9 case withdrawn by husband

After fighting case for around 2 year husband withdrawn the case. Most of the time the case was on future date "Tarikh pe Tarikh". He first gave the wrong address of wife parents to the court so it was delayed of that thing. Later it was keep on postponing so there was no efforts made to take case of positive side for wife. Neither by judge nor by both lawyers. Around 3-4 judges were changed during the course of case.

Now husband has withdrawn the case by giving false statement that wife don't want to go with him but wife did not gave any such statement.

Now as case is withdrawn what can wife do? Both have a male child which is living with wife from past 4 years. She has filled maintaince application but that is also yet not decided from around 2 years. Same "Tarkih pe Tarikh" reason.

The husband don't want to live with wife anyone and don't want child also. He has affair outside but wife don't have any proof of that.

What should wife do in this case. She is already fighting domesting voilance and maintaince case but nothing has been done in 2 years so far.

Thanks for reading this long :)

 

 

 

 



Learning

 12 Replies

Vibha   11 August 2016

  1. What is your question?
  2. How are you related to the wife or husband?

ravi (employeed)     13 August 2016

Originally posted by : Vibha

What is your question?
How are you related to the wife or husband?
 

Thanks for replying.

My question is "What should wife do in this case. She is already fighting domesting voilance and maintaince case but nothing has been done in 2 years so far." She even did not got any child maintaince cost.

I am her well wisher.

 

 

 

 

Vibha   13 August 2016

  1. Maintenance case should not drag for 2 years. A good lawyer should be able to get interim maintenance order within 1 year of application. What is the reason case is not moving forward?
  2. While many women friendly laws are available, my personal opinion is that maintenance is the one and only effective remedy available via courts. Everything else is fruitless and frustrating journey. It is in child's interest to have reasonable relationship with both parents and that parents are not waging war on each other. Strained relations for years and years is detrimental to well being of everyone, but sadly this is what happens when matter reaches a court.
  3. I usually advice people to find solution outside of courts and I know sometimes this is not helpful. Sometimes queryist is looking for specific legal remedy and not general advice. If that is the case, I hope other members and experts in forum will come forward and offer their views to help you. If you do not get more answers, try to post in experts section of forum.

ravi (employeed)     15 August 2016

Originally posted by : Vibha

Maintenance case should not drag for 2 years. A good lawyer should be able to get interim maintenance order within 1 year of application. What is the reason case is not moving forward?
While many women friendly laws are available, my personal opinion is that maintenance is the one and only effective remedy available via courts. Everything else is fruitless and frustrating journey. It is in child's interest to have reasonable relationship with both parents and that parents are not waging war on each other. Strained relations for years and years is detrimental to well being of everyone, but sadly this is what happens when matter reaches a court.
I usually advice people to find solution outside of courts and I know sometimes this is not helpful. Sometimes queryist is looking for specific legal remedy and not general advice. If that is the case, I hope other members and experts in forum will come forward and offer their views to help you. If you do not get more answers, try to post in experts section of forum.
 

 

 

Sorry for delay in response. I asked her.

She said the first lawyer was forcing her to compromise her and leave case after a year with littile alomoney then she changed lawyer and she again toke  1 year but still no maintaince is given.

Now the husband has filled divorce case.

 

Thanks for helping her

Vibha   15 August 2016

  1. Pursue maintenance case properly and ask lawyer to push for interim order. Once income affidavit from both parties are filed interim maintenance can be ordered without going into any other details.
  2. Interim maintenance is awarded liberally and promptly if wife is not earning and has no professional qualifications. If wife is working, earning decent amount or has good qualification to earn decent amount the she is not eligible to get interim maintenance.
  3. Wife is eligible to same life standard as if living with husband. If she can prove very high income of husband then she may get interim maintenance even if she is earning on her own by showing her income is not enough to maintain same lifestyle as before.

Vibha   15 August 2016

  1. Husband will have to pay maintenance for child in any condition even if wife is earning well. There is no way for father to avoid maintaining child as per law.

ravi (employeed)     15 August 2016

Originally posted by : Vibha

Husband will have to pay maintenance for child in any condition even if wife is earning well. There is no way for father to avoid maintaining child as per law.
 

 

 

 

Thanks for replying. Husband has now filled divorce case. Can wife now file rehabitation case as husband has withdrawn that section 9  case. I think he will show court that he had fought case for 2 years and wife did not went with him but in reality no such efforts were made. Wrong address given by husband of wife put the case delaying for a 1 year 3 months then wife when came to known about this case filled interm maintaince which was not decided then husband withdrawn the case. He has now filed divorce case.

ravi (employeed)     15 August 2016

The wife has shown court that his income profs. He falsley said court that he is doing a 3000 rs private job but his sales return shows business  around 40 lakhs  per year has been done. 

She don't want to give divorce instead she want to live in husband home for the sake of his kid. The husband never tried to take care of his kid. He had not met a single time kid in course of around 4 years.

Should she now file section 9 case but husband want divorce?

 

Vibha   15 August 2016

  1. RCR case only helps to show intention, it cannot be enforced. If husband doesnt want to stay with wife no court can force him to do so.
  2. Reunion with husband is impossible via court cases, the cases only make reunion more and more difficult to achieve. 
  3. If she wants peaceful reunion only option is via mutual understanding. After such long period of separation and multiple litigations chances of reunion are very bleak in my opinion. 
  4. Fact of hiding income will help in winning good maintenance.
  5. It is better to fight for good maintenance order. After maintenance order try to negotiate mutual divorce with good lumpsum alimony and move on with life.
  6. Husband is forced to pay maintenance irrespective of divorce once such order is passed. Try and ask husband for maintenance for 5 years in future as lumpsum alimony in return of mutual divorce. He will have to pay anyway, by paying lumpsum he can get quick divorce... it is a sensible compromise deal for both sides to take. 

whatnot   16 August 2016

The Hindu Marriage Act governing marriages between Hindus, and the Special Marriage Act governing marriage between individuals regardless of religious persuasion, are premised on the ‘fault’ or ‘matrimonial offence’ theory for the purpose of divorce. This, in effect, means that a person can be granted a divorce if, for example, it is established that the spouse has committed adultery, or has treated the person cruelly or deserted for more than two years. Thus the person has been at fault in some way. In addition, the wife can ask for a divorce on grounds that after marriage her husband was guilty of rape, sodomy or bestiality.
Part of the fault theory is that a person cannot take advantage of his/her own wrong. Divorce can only be sought by the hurt or aggrieved party who has been at the receiving end of the other party’s offending conduct. There has been an ongoing debate about whether divorce should be granted solely on the basis of the fault of the party or whether it should be based on the breakdown of marriage.

 

Lawyers of both parties have very narrow view of the law and bot parties have persue justice without merits.

Since you are representing wife side,

After DV and maintainance case persued, there is no point in RCR. A contested divorce itself is a prayer to seek continuation of marriage. She will have to put in her filing the reason for denying divorce.

 

She should withdraw all other cases (DV filed against husband if it is on flimsy ground), include Intriem maintainance in her prayer and fight the case.

 

Husband will come for Mutual. Then she can use her discretion.

If total gambit of law is not explained , then it is time to change the lawyer.

 

adv.bharat @ PUNE (Lawyer)     14 November 2016

If both party mutually agreed for it then onlyit is possible.

Adv Aneesh Trivedi 9424449500 (Advocate)     16 November 2016

once you had filed the RCR you have to contest this

to withdraw  498A is foolish steps

lastly you see the effects of it...


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