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Maintenace under section 125 cr.p.c

(Querist) 24 November 2013 This query is : Resolved 
THANKS TO ALL SIRS FOR RESOLVING MY QUERY!!!!

BUT STILL I HAVE SOME DOUBT THAT SHE HAS FILED CASE U/S 125 CR.PC. AND NOW SHE WANTS DIVORCE FROM HIM. THEN SHE HAS TO FILE CASE UNDER HINDU MARRIAGE ACT 1955, U/S 13, ON BASIS OF ANY OF THE GROUND UNDER THIS SECTION.

AND HE IS NOT READY TO GIVE DIVORCE?
THEN WHAT OPTIONS WE LEFT WITH?
HAS SHE REQUIRED TO FILE TOTALLY SEPARATE CASE FOR DIVORCE?
IN SAME COURT WHERE HER MAINTENANCE CASE IS PENDING ? OR IN DIFFERENT COURT?

AND ONE VERY BASIC QUESTION- CAN A GIRL SEEK DIVORCE FROM HER HUSBAND WITHIN 2 TO 4 MONTHS OF MARRIAGE????
prabhakar singh (Expert) 24 November 2013
HAS SHE REQUIRED TO FILE TOTALLY SEPARATE CASE FOR DIVORCE?

the answer is YES!

IN SAME COURT WHERE HER MAINTENANCE CASE IS PENDING ? OR IN DIFFERENT COURT?

the answer is before family court(or before the same court if that is a family court).
In case there is no family court the before District Court.

AND ONE VERY BASIC QUESTION- CAN A GIRL SEEK DIVORCE FROM HER HUSBAND WITHIN 2 TO 4 MONTHS OF MARRIAGE????

Not at all is the answer.

Rajendra K Goyal (Expert) 24 November 2013
Agree with the expert prabhakar singh ji.
T. Kalaiselvan, Advocate Online (Expert) 25 November 2013
The grounds for divorce cannot be suggested because it is eventual on what has happened. You should state the reason for your decision to divorce your husband then only the grounds can be mentioned.
V R SHROFF (Expert) 25 November 2013
AND ONE VERY BASIC QUESTION- CAN A GIRL SEEK DIVORCE FROM HER HUSBAND WITHIN 2 TO 4 MONTHS OF MARRIAGE????


Ans: FLAT NO?? NO.$$$$$$
My Answer is :YES, She can file Divorce Petition, choosing proper avl grounds]
Devajyoti Barman (Expert) 25 November 2013
who are you, an advocate or party?
SUSHMA YADAV (Querist) 25 November 2013
I AM COUSIN OF THE VICTIM PARTY. AND SHE WANTS DIVORCE ROM HER HUSBAND. ONLY 2 MONTHS OF MARRIAGE HAS BEE PASSED AND HER HUSBAND BEATS HER. HIS PARENTS AND HE HIMSELF USE ABUSIVE LANGUAGE AND TORTURE HER IN DIFFERENT MANNERS. THEY MENTALLY HARASS. AND NOW SHE HAS BEEN THROWN OUT OF THE HOUSE BY HER HUSBAND SAYING THAT SHE IS GIRL OF LOOSE CHARACTER. HE USED TO DRINK AND HAVE ILLEGITIMATE RELATIONS WITH OTHER WOMEN. AND NOW BLAMING HER . MY SISTER IS NOW AT OUR HOME.AND SHE WANT DIVORCE FROM HIM. ONE ADVOCATE WE CONSULTED SAID THAT SHE CAN FILE CASE FOR DIVORCE.

PLEASE SUGGEST IF SHE CAN FILE CASE FOR DIVORCE THEN HOW?

AND HER PARENTS HAS GIVEN SOME DOWRY AT THE TIME OF MARRIAGE LIKE COSTLY HOUSEHOLD THINGS, JEWELLERY, AND CASH TO THEM. (ALL UPTO 5 LAKH AND MORE)
CAN WE GET EVERYTHING BACK IN CASE OF DIVORCE???
Rajendra K Goyal (Expert) 25 November 2013
Giving and taking of dowry is crime. Stridhan of the wife can be claimed and got back. On Stridhan the in-laws(husband side) have no right.
Devajyoti Barman (Expert) 25 November 2013
Then why you are posting legal queries on different legal issues?


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