1) court can in divorce case award wife maintenance and alimony if claimed by wife
2) you can file for divorce on grounds of mental cruelty .
3) both cases would be counted together
4) wife is not entitled to marriage expenses
Wife filed divorce on cruelty. I also want divorce. No maintenance case pending.
My wife has filed a divorce case under section of cruelity. Before filing this divorce, she filed a criminal complaint under various IPC section but the Police & ACJM, ADJ and High Court, everyone found the complaint frivolous and hence no FIR was registered. Two years back she filed a divorce case under cruelity and a maintenance case also u/s 125 Cr.P.C. But after looting me for 10 months, i found that she was working and thus i immediately filed a complaint at High Court and as she already had bad remarks in detailed judgment of High Court, they withdrew the Cr.P.C. 125 maintenance case. So right now there is no maintenance case. Only a divorce case filed by her is going on under section 13ia and section 27 of HMA and section 7 of Family Court Act. Under section 27, wife is asking for “shaadi me huye kharche” and nothing else. There is no dowry, no stridhan, no joint property. I also want divorce but do not want to shed any penny. There is no chance of Mutual Divorce. Stage of Divorce case under Section 13ia filed by wife : All Petition Witnesses have been taken. My witness as respondent witness has also been done. My other witness around 3 in number are pending. Almost 2.5 years have passed. My questions are; 1) What if i agree in written that i want to take divorce in the family court where the divorce case filed by her is lying ? Where can i loose and what are the chances ? As there is no maintenance case pending in court, can i still be asked by the court to pay maintenance or alimony or any other award towards my wife ? 2) What if i put a divorce case on ground of cruelity in my native city as the cruelty ground is proven by her false statements made against me and my family to register FIR against us ? I have a detailed High Court judgment saying the wife filed malacious and frivolous complaint against husband. 3)Can i ask the family court where her Divorce case is lying that i agree to divorce and kindly clear the divorce case and keep on the Section 27 HMA and Section 7 Family Court Act only for further hearing ? Any way to do it ? 4)Can “shaadi me hue kharche” can be claimed in court by my wife as they did it with there own will ? 5)Any other best advice that you want to give me as i also want divorce instantaneously and want to take the advantage of the divorce case filed by her ?
Asked 4 years ago in Family Law
Religion: Hindu
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15 Answers
Your consent for divorce will have no impact. Court will decide on merit whether to grant divorce or not. You can agree for divorce than court may ask both of you to file MCD. Maintenance and alimony will not decide in divorce petition.
Filing false cases itself is ground of divorce. You should have filed cross objection in her divorce petition and prayed for divorce on your ground.
Amend yuor reply and include that she filed false cases against you and your family and on this ground grant you divorce.
To claim expanses incurred in marriage, she have to prove domestic violence.
Amend you reply in divorce and pray for divorce on the ground false cases.
1. Since she has already filed divorce case , hence your acceptance of the divorce will prove the allegations mentioned by her in the case, and court will pass decree as per her prayer in the plaint.
- Further, this judgement will go against you in the FIR lodged by her.
2. You cannot file the similar case ,which your wife has already filed . You should contest the cases filed by her .
3. No
4. No, legally she cannot claim
5. You should contest the divorce case filed by her , and therein prove that he allegation against you are malafide and her case is based on false and concocted grounds.
Please go for Divorce by mutual consent under section 13 (1) (B) HMA 1955.
It would be the best option for you to get relief sooner with minimal expenses.
1. On your admission to get divorce the court can not grant such relief unless and until you admit her allegations. While granting divorce if the wife is found to be not employed court can grant divorce.
2. Mere registration of FIR is no ground of divorce. Unless and until you are acquitted of the charges you can not get divorce on 498A IPC case.
3. I repeat to get divorce in a contested divorce suit you will have to admit her allegations. Your admission of her relief for divorce is no ground. Another option is to let the court pass decree ex parte.
4. No. However her stridhan articles can be claimed.
5. File a mutual divorce petition.
1. You can file a divorce suit at the court where her divorce suit is being heard praying for hearing both the cases together.
2. Your divorce suit should be on the ground of cruelty for which you already have excellent evidence.
3. You shall have to challenge her claim for Shadi ke kharche since you are seeking decree of divorce for her cruel acts and she is responsible for the divorce, not you.
If you also want divorce then convert the said divorce into mutual consent divorce and get the same decreed
the court intervenes and decides the issue of alimony / maintenance on the merits of each case. The power of the court to grant alimony is not limited to cases where the decree is obtained by the wife. Courts have powers to grant alimony to the wife even where the husband is granted a decree. It is quite possible there may be no alimony / maintenance awarded at all depending upon the facts and circumstances of the case.
you can file divorce on the grounds of mental creulty.
1. You can state that you also want divorce, but a little bit of alimony have to be paid.
2. This would not have much effect on acceleration of proceedings.
3. No,
4. Details and bills are needed.
5. Pay a bit and sace your valuable time
Dear Sir,
You are suggested to contest her this petition and strongly deny all her allegations and disclose her lies and let case be dismissed. Also, take the case to mediation center of the court and there bargain her and deny all her claims and then go for divorce on your terms and conditions.
1. You can submit a memo before the same family court sating, even though the allegations in the divorce petition filed by her are absolutely false and frivolous, considering the prolonged legal battle, you would like to submit that you agree for divorce as prayed by her but without the allegations and no other reliefs other than dissolution of marriage by a decree of divorce.
2. You can very well file a divorce case from youir side too but it can be filed before the court within which your marriage should have take place or you both resided last together or where she is currently residing.
It may take another four to five years for disposal.
3. Read the first answer above.
4. The section is inappropriate.
5. Read one above.
1. You can lose the amount you agree to pay as one time alimony to your wife.
2. Court will not order you to pay maintenance because it was not prayed by your wife in her petition.
3. Filing fresh divorce case will not be beneficial because it will be dismissed because of pendency of this divorce case.
4. No everything will be decided at once.
5. Yes she can claim the expenses of marriage.
1. If i give a ex-parte divorce to my wife in the above-mentioned case, where wife is seeking divorce and no Cr.P.C. 125 application in pending in court, can the court also grant her alimony in the above mentioned case under sections of HMA 13, 27 and Family court act Section 7 ? 2. How much time an ex-parte case takes to finish ? The fact is the case is pending on respondent witness. 3. I believe when she will find i am looking out for divorce and have given a ex-parte, she will file another case under Cr.PC 125. Any possibility ?
Asked 4 years ago
Exparte cases take around a year to be disposed of
2) court would not award wife reliefs not claimed by wife
3) wife is always at liberty to claim maintenance later
1. The alimony in a divorce case is not automatically granted by court along with the divorce decree.
The petitioner wife has to file a petition seeking alimony separately.
2. If you are the respondent and have already filed your counter objection to her divorce petition but chose not to continue the case with respondent evidence despite umpteen number of chances provided to you, then at one stage the court may close respondent evidence on its own and after hearing petitioner side arguments, the court may pass judgment as a contested case and not an exparte decree.
It may take more time to complete the formalities on the above lines.
3. Yes, she may.
1. If her allegations made in her divorce petition goes unchallenged then it will be considered as admission of the said allegations for which decree of divorce will be issued as prayed by her.
2. Later on she might file petition u/s125 of Cr.P.C.
3. In the present case also she might pray for alimony/maintenance by filing a petition.
3. It is not a prudent decision to allow any case filed against one to be decided ex-parte.