Divorce & 125 maintenance.
Niny
(Querist) 02 April 2012
This query is : Resolved
I could successfully got rejected Divorce Appeal of husband, and I am for Wife.
Wife contesting 125 cr p c for maintenance. As no alternate left, husband sent notice, to join matrimonial home within 7 days or he will file petition of divorce once again for desertion.
I sent wife with husband complying with his notice, and they started living together for last one month, but with reservation, as husband already had affairs and promised another girl to marry. Husband is highly qualified having 2L earning p.m.Wife left her job of 30k , to join him.
Is wife safe in his home? A son of 4 years with wife's mother, can she safely take him to house in law??
Can husband throw out Wife, now that he started cohabitation??
Should I withdraw maintenance case?
Please suggest.
Adv. Chandrasekhar
(Expert) 02 April 2012
I am really sorry, I do not agree with the legal advice you rendered to your client. Husband lost divorce case, does not mean that the wife has to be forcefully sent to husband to discharge matrimonial relationship. She can stay away from him if she does have a reasonable cause. His extramarital affair itself is a reason for his wife to stay away from him. She is not either physically nor mentally safe to stay with himl. A person, who lost the case will be simmering with revenge. You seek residential orders and protection orders under DV Act and simultaneously file/continue S. 125 cr.p.c. maintenance for her and the child. If any further doubts are there, do not hesitate to contact me.
Shonee Kapoor
(Expert) 02 April 2012
:-) Future holds the key.
Once the step has been taken there is no question of retreat now.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Niny
(Querist) 02 April 2012
Thank You Shonee Sir ,
Wife was also unhappy with her own mother and brother, and was living separately for 5 years.
Wife never wanted any another woman occupy her place and Flat/ matrimonial home.
Court is informed, to provide her Police protection in needs.
Legal notice was replied, that she joins you as per your demand.
Wanted to save one married life, home & child. If fight, no end to it.
Thank you Sir,
I am really grateful to all of you for giving me all your valuable advises regarding my case.
Nadeem Qureshi
(Expert) 03 April 2012
Dear Niny
everything is fix in the life by God, if she wants to live with her husband, i realy appreciate your efforts to jion her with her husband.
no need to worry
feel free to call
Raj Kumar Makkad
(Expert) 03 April 2012
All aspects of the query have already been discussed very well so no need to add.
V R SHROFF
(Expert) 03 April 2012
Joining broken home, and giving father to a child, is worth at all cost.
After all, it is destiny.
No doubt, husband reluctantly accepting her for temporary period, but wife should try her level best to win over, forgetting his past, in the interest of child.
Risk factor is always there, but worth for good cause.
Wait for few months before withdraw 125 case.
In case, husband harass her, then can file DV act, etc.
but hope for the best.
SAINATH DEVALLA
(Expert) 04 April 2012
Dear Niny,
Whatever happened is past.Reconcilation is the best antidote.Let us hope they will spend their matrimonial life peacefully.Keep 125 case pending for sometime and watch.goodluck
Shonee Kapoor
(Expert) 05 April 2012
All the best to the lady and the child.
May things work out would be my prayer.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
