Client wife not coming back
Guest
(Querist) 12 February 2012
This query is : Resolved
ONE OF MY CLIENT WIFE IS NOT COMING BACK .SHE IS STAYING IN HER MOTHER FATHER HOUSE FROM LAST 1 YEAR,WHEN MY CLIENT ASKED HER TO COM WITH HIM SHE DENIED,AND SHE IS ALSO NOT TAKING A MCD.IN THIS SITUATION IF MY CLIENT WILL FILE A DIVORCE CASE AGAINST HER THEM SHE WILL ASK FOR MAINTENENCE WHICH WE DONT WANT TO GIVE SO PLEASE KINDLY HELP THAT WHAT CAN WE DO IN THIS CASE.
Shonee Kapoor
(Expert) 12 February 2012
What does your client want? The situation would always be the same, even after a wait of 2-3-5-8 years.
If you want a solution and all talks have failed, just knock the doors of the court with relevant petition.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 12 February 2012
The desire of your client not to pay maintenance shall not work. Your client shall have to make the payment of maintenance allowance to his wife.
It shall be better to settle the matter amicably otherwise court is the last resort but maintenance shall have to be paid by you.
prabhakar singh
(Expert) 12 February 2012
Soon your client files divorce,wife shall on her appearance claim not only maintenance but also litigation expenses which the court shall award her.
Adv.R.P.Chugh
(Expert) 12 February 2012
I beg to differ from the above ld.seniors - it's not euclid's theorem that in every case - maintenance shall be awarded as a matter of course - the way i see it - she left the home out of her own sweet will - w/o any justifiable reason - File a S.9 - it would be her burden to prove justified cause. If you are able to get S.9 Decree - though it is in itself not conclusive - but a persuasive factor in the mind of the court not to grant maintenance.
Thereafter if the decree remains unfulfilled - for one year - go in for divorce - it is a circuitous route - but better in light of the circumstances.
Feel free to seek any clarifications.
Best of Luck !
Bharat
Advocate (Delhi)
Convenor : Lawyers for Social Justice
Tel : 9810553252 (only 6 to 9 PM)
Kiran Kumar
(Expert) 12 February 2012
I agree with Bharat...the things are yet to start in the given case, we need not to make an opinion on mere presumptions.
the matter is needed to be dealt in way that the wife does not get advantage of her own wrong...
RadhikaReddy
(Expert) 13 February 2012
If she had left the companion of her husband VOLUNTARILY.. WITHOUT ANY LAWFUL CAUSE, she dont have right for maintenance or if u can prove that she is able to maintain herself, then u can waive maintenance
RadhikaReddy
(Expert) 13 February 2012
As said by Bharat ji.. if u file petition under S.9 for restitution of conjugal rights, then ur wife can defend under reasons of domestic violence etc..
