Can a maintenance case lead to a divorce case?
Rita
(Querist) 14 February 2012
This query is : Resolved
Hi Panels,
I am a Malaysian and may be a little misinformed about Indian Family Law. I want to clear some doubts here as I am about to make a lifetime commitment to a man who keeps saying he will initiate his divorce. 1st of all, he is seperated frm his wife for almost a year after the 3 of us sat down and confronted each other on my existence in his life. He is a victim of a unhappy marriage(which i knw its lame to use an excuse) but pls look at this neutrally and dont be judgemental as the 3 of us knows well why he strayed. BTW, to cut the chase, he is involved with me and everyone in his family, mine and his wife is aware of. Now, his wife has filed a case and i was under the impression tat its a divorce case(tats wat he keeps telling me) until i spoke to the wife and found out it is actually a maintenance case. When I confronted him, he said after several hearing the judge had refer the case to a panel of family court to proceed for divorce since he had relayed to the judge tat he do not want to stay with her anymore. Is there such a thing? Can a mere maintenance case be converted to a divorce case? I am not understanding the logic to this. The wife had previously filed a 498A on him in 2007(before I was involved with him) clearly she is dominating the marriage and it was on false grounds. But the case was withdrawn when he agreed to take her back.
Now that he wants to start anew with me but at the same time I am not understanding wat is holding him to initiate a divorce petition as he kept saying this maintenance case will slowly move towards that direction (divorce eventually)after several hearing. Of crse in the maintenance case wife have mentioned the affair with me and the seperation for a year. Your thoughts pamels? Is this guy genuine or he is just afraid to burn his money as he knows the penalty of paying alimony wud be huge since it is clearly proven he is with someone else irregardless if he is happy with her or not.
Question is can a maintenance case be leading to a divorce case if the judge wants to refer it?
Rita
(Querist) 14 February 2012
i dont understand? are u saying my query is posing some serious issues?
Adv.R.P.Chugh
(Expert) 14 February 2012
Dear Querist,
All the experts have unanimously agreed not to answer queries unless some issues are resolved. Kindly bear with the inconvinience
Tajobsindia
(Expert) 14 February 2012
@ Author
What your future would be is telling you is right.
1. There is a S. 498a IPC case pending plus Maint. case probably under S. 125 CrPC is pending and since in opening sentence you used "we three sat down" so it means his present wife and your would be has plans to agree on some mutual settlements between them and then approach Court for Mutual Consent Divorce where they will jointly make statement to dissolve their marriage as in their First Motion Statement and Court will ask them to fulfill mutually agreed Terms and Conditions as per their Agreement and ask them to carry forward their consent for minimum 6 months and then come back to same Court for making Second Motion statement stating that their consent to dissolve their marriage is still existing and is without any fraud, pressure and or durass and they have fulfilled terms and conditions as per their mutually agreed agreement which they earlier mutually agreed upon and alimony (whatever they agreed mutually) has been met and both are satisfied and no pending complaints / allegations against each other and upon making enquiry the Court if feels satisfied then dissolved Mutually such marriages where S. 498a IPC and maint. case goes out of the window and what remains is a decree in Mutual Consent Divorce proceedings in hand.
In nutshell his wife has filed a dowry related mental cruelties case against him (S. 498a IPC) and seeking maint. per month by way of a maint case (S. 125 CrPC). Thus he is in pressure and meanwhile you entered into his life and probably he wants to end his present matrimonial relations and get married to you. In that case he has only one option that is Mutual Consent Divorce (MCD) where both he and his present wife agree to terms and conditions which settles maintenance part too and get quash of S. 498a IPC and wait for 6 months and then approach same court to dissolve their marriage as explained in opening large para.
You being non legal person the way he told you things are making you jittery. What he is doing and or plans to do is quite right procedure wise and say 6-8 months is waiting time between cup and saucer if all goes as per plan of his provided his present wife feels the alimony offered (proposed) to her is just and right for the same we cannot come into picture nor you can as it is his capacity and her demand which needs supply and demand matching to get over with first relationship and enter into next relationship.
If any more doubt you may PM.
