Parth Chandra (none) 28 October 2010

Can absnce of divorce filing from Wife be a positive ground?

Hi Experts,

Wife filed 498a with allegation of dowry demand, physical & mental torture against husband and his family. Chargesheet is filed in March-2010 and trial is yet to begun.

She also filed crpc 125 copying all these allegation and asked for final maintenance. During the entire period till date she has not filed Divorce and when husband asked to rejoin she is asking for money to rejoin and for divorce she asks a unimagable amount which she very well know husband can't fulfill.

In this case, can the fact that she is not ready for divorce not for rejoining a ground to deny her maintenance?

Can't judge think that what this wife up to?....she just wants maintenance....don't want to divorce the very same husband whom she thinks as cruel?

Experts,
Please provide your views and any judgement if available on this.

Thanks,
PC

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3 Replies

Jamai Of Law (propra) 29 October 2010

She is entitled to ask just maint as well as to file 498a against husband

Parth Chandra (none) 29 October 2010

Hi Jamai Of Law,

I know that she can ask for maint and file 498a since she already did these things......My question, does law/judge/court take the fact into consideration that the wife is not rejoining nor wanting divorce to such cruel husband (as per her version) and just want to extract money from husband while living with her parents?