Section 13 - b of hma

Guest (Querist) 05 September 2013 This query is : Resolved
Respected Experts,
On the second motion statement under section 13-B of HMA the lady gave a statement that she did not want to give divorce.
60% amount was paid to her at the time of first motion. It is written in statement that istridhan has been taken and nothing is due.
My query is:
what remedy can the husband avail against the wife for resiling from divorce at the second motion statement? Can he file petition u/s 340 of Cr. P.C?
Can the wife claim maintenance from the husband?
What will be status of the 60% amount paid to the wife?
Can the wife file the case of section 406, 498-A of IPC or of DV Act now, when she has mentioned to the contrary in the petition and has given accompanying affidavit and first motion statement?
What are the chances if husband files divorce case and gives the certified copies of section 13-B petition & statement in evidence.
Regards

Follow Query

Report Abuse

Devajyoti Barman (Expert) 05 September 2013
professional query.

Rajendra K Goyal (Expert) 05 September 2013
Consult local lawyer with all the documents.

Nadeem Qureshi (Expert) 05 September 2013
contact a lawyer with all documents

R.K Nanda (Expert) 05 September 2013
meet lawyer personally.

ajay sethi (Expert) 05 September 2013
wife can change her mind before divorce is granted on the second motion . he can ask the wife to refund the 60%payment made .

Raj Kumar Makkad (Expert) 07 September 2013
None can be forced to take divorce if the mind has been changed but if on the basis of first motion, any settlement amount has been obtained from the husband side then a criminal case under section 420 IPC can be got lodged against wife.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries