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Sunjai Goenka   16 March 2024

Divorce proceedings

A girl has filed a case in family court under Special Marraige Act, for divorce in July 23. The counselling is done and  2 dates have passed. Next date is fixed for arguments. Now, in Feb 24 the boy has filed a restitution case under section 22. 

There is no child in 7 years of marriage. The girl says there is no physical relationship. The boy and his Mother have taken monthly money in 7 years for expnses. The Boy is also having job. The boy doesn't give any money to the Girl. She earns in job. The boy is short tempered, dominating and has done domestic violence many times. The Mother doesn't stop the boy or explain to him. Father of the boy has expired.

Please guide and advice if court will grant restitution, and how much time case may take for decision.The girl has refused to go back and wants divorce. The Boy is 42 years and girl 34 years.

 



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     17 March 2024

Since the girl has filed divorce on the grounds of cruelty (and desertion also?) and has merits on her side, then she may expect to get a favorable decision.

In case the court passes an order granting RCR then also she need not be worried because there is no law to force her to live with him together against her willingness. 

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