sanjeev pawar (service) 22 July 2012

What happens if husbands div petition dismissed

Dear members,

i would like to know, if suppose a husband loses his DIV petiion filed on basis of cruelty by wife, then what is the option left with the husband, if suppose he doesnt have the financial strength to futher fight the case in high court of supreme court, and he yet does not want to stay with the wife inspite of losing the case and the wife is adamanant on staying with him, can the DV act or any other act force the husband to stay with the wife, can the husband straight away appeal to the judge aftter the dismissal of the case that in any condition he does not want to continue with this marriage, can the judge force him to stay with the wife, as his case is dismissed,

if the husband has only one home, does he forcefully have to take his wife to his house? alternatively can he take a rented accomodation within his means to provide shelter to his wife, but stay away from her, as he does not want to cohabit with her under any circumstances. what does the law say on this? can the wife force him to stay with her?

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4 Replies

Anish Thakur 7018812737 (advocate) 22 July 2012

dear querist ,

let me clear yopu few things-
that once the petition is dismissed in any matter ,you can not file the petition again on that matter with same cause of action.
if some one had no financial strenth to fight the case in appelant courts of law he can file application for the legal aid services provided in all the courts in india
wife have all rights and sharers in the husbands property and share in the various property no matters its ancessosral or self acquired.
wife have a slo right to live in the house where she is lived after marriage or any other house where his parents in law or husband is residing ,if she wants to live in such house no one can stop her from staying there.
providing her a rented house is depends upon her wish ,if she wants to live there or not .
yes wife can force her husband to live with her by filing sec 9 hindu marriage act and husband too as vice versa.
feel free to call

Tajobsindia (Senior Partner ) 22 July 2012

Originally posted by : dlf
	I would like to know, if suppose a husband loses his DIV petiion filed on basis of cruelty by wife, then what is the option left with the husband XXXX Take: The following is what current framework of Law says a spouse is supposed to have done now; - Install wife to her original position. - Provide for her maintenance, shelter, food and medicine. - File Fresh Petition or Appeal against dismissal come what may. - Desert her. - Renounce material world. - Bigamy. - Get infectious disease. - Go mental. - Beg her daily morning for your "freedom". if the husband has only one home, does he forcefully have to take his wife to his house? Take: There is no usage of "force" used here. It is voluntary activity as in offer to re-install her to her original position. alternatively can he take a rented accomodation within his means to provide shelter to his wife XXXX Take: Yes he can take rented accommodation and offer that to her as part of re-installing her to her original position with maintenance, food and medicine. can the wife force him to stay with her? Take No. The word "force" is never applied in Civil laws. All she can do is to lay claim to her original position by filing S. 9 HMA. Again if she wins her suit Law has no answer for her to re-instal her to her original position which is lacuna in civil Laws. That is why legal minds advises her to go on ego honeymoon trip; file DV Act / file S. 498a - 406 / Dowry Prohibition Act / S. 125 and by the time her honeymoon gets over and she is back to ground realities she understands rightly the spelling of "divorce". But that is what society makes her do unfortunately compared to limited option you as a husband in given situation can ever have in hand ! Beat this last sentence and I will thank you for the same here. Socio-legal PS:- This is what several times I asked to the forum what will you do if your wife / your husband as the case may be is not ready to live / keep you? You couldnot reply until now. Instead you commented to me saying I am master in "breaking homes here" whereas every time I said as remedy to such queries (of either gender) that it leads only to "divorce", hence quicker amicable divorce is the only remedy left for both and/or either spouse and why shy away from seeking divorce!. You = generic used here not meant to be targeted for this thread post queriest.

Nina Rakheja (unhappily married) 22 July 2012

Install wife to her original position.
- Provide for her maintenance, shelter, food and medicine.
- File Fresh Petition or Appeal against dismissal come what may.
- Desert her.
- Renounce material world.
- Bigamy.
- Get infectious disease.
- Go mental.
- Beg her daily morning for your "freedom".

which one suits me/my toygun?