injunction against divorce
M/s. Y-not legal services
(Querist) 16 August 2010
This query is : Resolved
Good evening everybody. I read an article. A wife can file a specific performance suit against her husband from filing or getting divorce. Please leave your opinion on this..
Chanchal Nag Chowdhury
(Expert) 17 August 2010
Your question is not clear. If U have meant that a wife can bring a specific performance suit against her husband restraining him from filing a divorce/ Restitution of conjugal rights against the wife- the answer is NO.
However filing a proceeding & maintaining it are different altogether.Even if she files such a silly suit, it is bound to be rejected at the time of hearing.
M/s. Y-not legal services
(Querist) 17 August 2010
Good evening senior, you too supporting to the above said expert? How senior? Why a hindu wife can't file a specific performance suit against her husband to save and secure her self from a divorce petition.. As per hindu rites, and customs she can file a suit in regard this.. Openly i am challenging here.
J K Agrawal
(Expert) 19 August 2010
Dear Mr Thangapandian
We all are learners here and a senior is not always correct. You may express your ideas however those may differ to all others but to challenge is not good.
It is said that
vidya dadati vinayam
vinayam dyati patratam
patratam dhanam apanoti
dhanam dharma, tata sukh kshem.
Means The knowledge gives us politeness
Politeness gives us eligibility
On being eligible the wealth comes (itself and automatically)
The wealth pursuits us towards Dharma (Dharma means to follow laws),
Then it comes happiness and lastly well being.
So the knowledge gives us only politeness.
The anti divorce injunction suit is not maintainable under section 41 (c) of the Specific Relief Act 1963 But at the same time it is possible under s 41 (b) and S 41 (a).
