How to get divorce wife not agreeing for consent divorce?

1.  What will happen if I don’t pay money.  Will a warrant be issued against me for nonpayment of Interim maintenance.

She may file execution of balance. If you donot pay then Execution proceedings as per Law will be initiated as well as since it is your Divorce suit so your Divorce suit will not move another inch..


2.  As my wife is not agreeing for consent divorce and still says that she wants husband and has asked the courts to give order for her placement back into my family.  Can a court give orders to me or my parents to accept my wife back?.
It is a great move she made wherein she says that whatever allegations you have put in your Divorce Suit are condoned by her ! Now if you are able to satisfy life and limb reasons on various untried issue sof facts as per your Divorce Suit paras then Court will order accordingly and if you fail then your divorce suit will be dismissed and I am not sure here how she has plaed her pleadings before Court to come back; ie.e by filign S 9 HMA or just as wrong and denied and I want to come back to each and every para of yoru Divorce suit which you can veyr well make it out after reading this and no need ot come back with more que. on same shell que.

3.  Can the JMFC court where the DV act case has been filed can allow maintenance as such (as the family court has already awarded interim alimony of 3K per month of which I have already made a part payment of 13K so far).
Yes, a wife is entitled to lay claims on S. 24 HMA + S. 125 CrPC + S. 12 DVA + S. 18 HAMA maint. claims and all these cases may runsimultaneously with various amount sof awards and the higher of all it will be her actual entitlement.

4.  Can the DV act case be transferred to the Family court?  Please do reply
FCA says that it has jurisdiction to hear all natures of Family Law related suits so it depends who moves which application for transfer of which suit to Family Court and or as per DJ Orders which comes form time to time at the time of inauguration of Family Courts in particular District Courts original civil Jurisdiction the present case may be transferred but difficult to give you answer becaus eof want of knowledge.


Please note Sir, I prefer leagl que. asked in open forums for ld. members combined knowledge sharing and not by PM to me hence I replied to your this same mail in public forum instead of PM that you sent to me twice. I also like to update my legal knowledge and that is what I believe LCI forum is all about !

1.  What will happen if I don’t pay money.  Will a warrant be issued against me for nonpayment of Interim maintenance.

 - if you do not want to pay, there must be some reasonable grounds, appeal to hc on that ground.

2.  As my wife is not agreeing for consent divorce and still says that she wants husband and has asked the courts to give order for her placement back into my family.  Can a court give orders to me or my parents to accept my wife back?.

 - for that she has to pray rcr seperately, not in this case. both rcr and divorce may run simulteneously. even in the same court.

Can a court give orders to me or my parents to accept my wife back?.

- in rcr that provision is there.

3.  Can the JMFC court where the DV act case has been filed can allow maintenance as such (as the family court has already awarded interim alimony of 3K per month of which I have already made a part payment of 13K so far).

 - if you have no income, where from you will pay?

dv court has the power, but the power will be in line with your financial capacity. otherwise pray to hc challenging the dv or divorce order for maintenance.

4.  Can the DV act case be transferred to the Family court?  Please do reply

 - no. seperate court is there.

 Sh Arup ji

With permission correcting you !  A DV Case can be very heard in FAMILY COURT established in a District under Family Court Act, 1984. This chap has already been guided by me on transfer of DV case to family court and or otherwise kindly see my above reply.


Sir, I hope / assume you may not mind my minor correction to your answer !

thanks arun ji for correction.

so far i understood seperate court is there under the provisions of dv act.

in a way you are right too. Madras HC has once disallowed Transfer of existing S. 12 DVA from regular MM Court to Family Court established under FCA bu tthen it all depends on a persons cabability to plead :-)

The problem in these types of forums is that litigants ask so many shell enquiries without realising that lot of other briefs also required for application of mind to correctly answer but then these are open forums who knows other side snooping / squatting to take the hints :-)))0