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G. ARAVINTHAN (Legal Consultant / Solicitor)     13 December 2008

What is the remedy for Wife?

X, a male weds Y. After getting registered under Special Marriage Act, they lived with parents. X went to other town for Post Graduation and went to abroad for his job.

X sent a mail to Y that he want divorce.

What is the remedy for Wife?


 19 Replies

sunny (lawyer)     13 December 2008

 sir, there r  so  many remedies 4 ladies in our law.

but in ur described case it  depends on ' y '  that what type of  remedy she wants.

she wants divorce or not. but    

she can file an application under section 125 crpc ,any  time

N.K.Assumi (Advocate)     13 December 2008

Can any one get married and go for further study some where, and send e-mail to the other spouse saying "dear our journey ends here"? Ofcourse all laws will be available for the wife.

Tribhuwan Pandey (Advocate)     14 December 2008

It depends on wife what remedy she wants divorce or not and under what grounds husband wants divorce.

Only to say he wants divorce is not sufficient, he would have to prove conditions given under section 27 of Special Marriage Act. If wife does not want divorce she has many options i.e. plea u/s 29 of Special Marriage Act restrictions on petitions for divorce during first three years.

Relief u/s 35, 36 & 37 of Special Marriage Act

She can claim maintenance u/s 125 Cr.P.C.

anshu shekhar (service)     14 December 2008

x can`t demand divorce by simply sending an email that he wan divorce.he has to disclose on what ground he wan divorce.

the question for remedy for wife comes when he legally take any action. Relief u/s 35, 36 & 37 of Special Marriage Act

She can claim maintenance u/s 125 Cr.P.C.


Shree. ( Advocate.)     14 December 2008

dear all ,

90% of men kiss their wife goodbye when they leave the house.

10% kiss their house goodbye when they leave the wife.

N.K.Assumi (Advocate)     14 December 2008

Well said shree Ji.

G. ARAVINTHAN (Legal Consultant / Solicitor)     14 December 2008

 What is the remedy when wife dont know the whereabouts of the husband?

AEJAZ AHMED (Legal Consultant/Lawyer)     14 December 2008

By : Aravinthan Ganesan


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ON : 12/14/2008 4:03:21 PM
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 What is the remedy when wife dont know the whereabouts of the husband?


What ever it may be, but as a lawyer you also know, wife is having certain legal remadies against her husband  even though she don't know wherabouts of husband.

1) Restitution of Congugal Rights

2) Maintenance & Shelter

3) Divorce for desertion by Husband  

Rajan Salvi (Lawyer)     14 December 2008

Shree, good one.

sanjeev murthy desai (Advocate)     06 January 2009

This is tata bye tata bye issue, right

sanjeev desai,

G. ARAVINTHAN (Legal Consultant / Solicitor)     06 January 2009

 But my specific question is how to file without knowing the place of residence or address of the husband.

Our courts does not recocnize email addressess.

ravikumarbcombl (advocate)     07 January 2009

what about the difficut in find out the address and place, an email is there na..... first step reply to that email id.... then further communications it will happen na?  how one can get divorce in simply mailing that he wants divorce...... he too have an intention to get divorce and relief from the wed lock and not just for informing the other party......... so address is not at all a matter sir.........??????

Ravi Arora (Advocate)     07 January 2009

very well said ravikumar i m agree

and very nice shree sir


and mr ajmad aap chahe to sheekh le this advocates forum this smartness is required  (its not cheep)

PALNITKAR V.V. (Lawyer)     07 January 2009

She may take recourse to substituted service like public notice.

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