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ram (none)     18 July 2013

Wife advocate asking divorce in opencourt

My wife's advocate is asking divorce in the open court and told me to accept the divorce. Can i reply to them sayng if they're urgent they (wife) can file 13(C)  and get divorce. we are living separately for 3yrs now..

 

Also.. If wife applies for 13(c) do i need to pay maintenance , wife is well qualified and earns 30k per month.. i've child and i had given 10L to be invested on his name.. she took my money and she had filed a case before taking money from me. 

 

Questions

1. If wife applies for divorce is she eligible for alimony if applied under 13(c) ? 

2. Wife qualified but she tells in the open court she is working but earning less salary , i've her old salary slip from previous organization that she earns 31,000 per month.. 

 



Learning

 10 Replies

nilay (oe ddata)     18 July 2013

U are lucky wife asking for dv

nilay (oe ddata)     18 July 2013

U are lucky wife asking for dv

Adv k . mahesh (advocate)     18 July 2013

already you had paid 10l to wife so keep the document or cheque showing as evidence to court for future if she demands any alimoney and as already she told she is working so no need of paying maintenance but you have to prove that she is working and try to take latest salary payslip which is main evidence to show how much she is drawing 

Adv Archana Deshmukh (Practicing Advocate)     18 July 2013

@ ram,

 

What is 13C ?

adv. rajeev ( rajoo ) (practicing advocate)     18 July 2013

Nilay, what is this.  Offcourse he is lucky

ram (none)     18 July 2013

Archana,

13c allows a women to take divorce easily... she just need to tell the court that she has irreconciable difference. and living separately. however men cannot apply under this section and get divorce..

Divorce on ground of irretrievable breakdown of marriage.

13C (1) A petition for the dissolution of marriage by a decree of divorce may be presented to the district court by either party to a marriage [whether solemnized before or after the commencement of the Marriage Laws  (Amendment) Act, 2010], on the ground that the marriage has broken down irretrievably.
(2) The court hearing a petition referred to in sub-section (1) shall not hold the marriage to have broken down irretrievably unless it is satisfied that the parties to the marriage have lived apart for a continuous period of not less than three years immediately preceding the presentation of the petition.
(3) If the court is satisfied, on the evidence, as to the fact mentioned in sub- section (2), then, unless it is satisfied on all the evidence that the marriage has not broken down irretrievably, it shall, subject to the provisions of this Act, grant a decree of divorce.
(4) In considering, for the purpose of sub-section (2), whether the period for which the parties to a marriage have lived apart has been continuous, no account shall be taken of any one period (not exceeding three months’ in all) during which the parties resumed living with each other, but no other period during which the parties lived with
each other shall count as part of the period for which the parties to the marriage lived apart.
(5) For the purposes of sub-sections (2) and (4), a husband and wife shall be treated as living apart unless they are living with each other in the same household, and reference in this section to the parties to a marriage living with each other shall be construed as reference to their living with each other in the same household.

ram (none)     18 July 2013

Personally i don't want to live, but. i don't want to pay any alimony at all to this women she had ruined my life like anything.. all my assets, jewels had gone..

ram (none)     18 July 2013

Personally i don't want to live, but. i don't want to pay any alimony at all to this women she had ruined my life like anything.. all my assets, jewels had gone..

Isn't 13(c) not in the law??? I see that the parliament had already approved this..

Adv Archana Deshmukh (Practicing Advocate)     18 July 2013

 :-) ......... when was this amendment effected mr ram?

No such amendment is effected so far till today........!

Ramesh (administrator)     18 July 2013

it has been approved yesterday by the GoM, but it will now be presented in parliament.

I am sure that there will be lot of debate and opposition to it.

So as of now it is not a law.

 

I am not an advocate, but harassed so have been reserching a lot.


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