Hindu marriage act, 1955
Suraj Kumar
(Querist) 08 September 2014
This query is : Resolved
Sir,
a. Husband file section 9 of HMA against wife
b. Judge order for reconciliation.
c. Reconciliation failed twice.
d. Wife files maintenance u/s 24 of HMA.
e. Husband withdraws RCR.
Wife wants to live with husband’s own house but husband wants to live in his parents’ house for taking care of parents. Wife also misbehaves with in-laws and asked to send them to old age home.
1. Can wife demand husband to neglect in-laws and live separately?
2. Can husband file divorce petition for desertion and cruelty against wife?
3. Can husband live together with someone else without waiting for divorce ?
P. Venu
(Expert) 08 September 2014
Is there any other grounds other than the alleged disregard to the in-laws?
ajay sethi
(Expert) 08 September 2014
wife cannot force husband to neglect his parents and send them to old age home . husband can file for divorce on grounds of mental cruelty .
ajay sethi
(Expert) 08 September 2014
he can have live in relation ship with another lady during subsistence of his marriage
Rajendra K Goyal
(Expert) 08 September 2014
1. She can demand, can not force.
2. Yes he can.
3. can have live in relationship, but legally can not enter into any commitment.
malipeddi jaggarao
(Expert) 08 September 2014
I agree with the short replies of expert Shri Barman. It is only a question-answer section. The author did not post his problem.
V R SHROFF
(Expert) 08 September 2014
Questions
1. Can wife demand husband to neglect in-laws and live separately? ANSWER : NO
2. Can husband file divorce petition for desertion and cruelty against wife?ANSWER : YES
3. Can husband live together with someone else without waiting for divorce ?ANSWER : i DO NOT RECOMMEND ILLEGAL/ IMMORAL LIVE-IN RELATIONSHIP, JUST BECAUSE WIFE DO NOT AGREE TO LIVE WITH HER IN LAWS..
Here, wife do not refuse cohabitation. So Enjoy with your wife elsewhere!!!!!
Devajyoti Barman
(Expert) 08 September 2014
I later find author to post many queries of different natures.
Raj Kumar Makkad
(Expert) 09 September 2014
It is not sin to raise as man as queries by the same author if those relate to him.
Raj Kumar Makkad
(Expert) 09 September 2014
Wife can definitely demand the house to reside at par with the same status as of her husband along-with the amount for the maintenance if her income is not sufficient to lead the same comfortable life as her husband is leading.
T. Kalaiselvan, Advocate
(Expert) 11 September 2014
There is nothing wrong in wife demanding separate residence away from her parent in-laws, however she has no right to instruct her husband to neglect or ignore his parents, it is illegal. In the event of wife compelling her husband on her such illegal demands and tortures him continuously, he may file divorce on the grounds of mental cruelty. About living with another woman during the subsistence of marriage may be treated as adultery also, depends on the situation and how she makes it a case or complaint.
Suraj Kumar
(Querist) 11 September 2014
Sir,
Can husband file divorce on the grounds of desertion ?
Raj Kumar Makkad
(Expert) 11 September 2014
Husband can definitely file his petition on the ground of desertion.
Suraj Kumar
(Querist) 28 September 2014
Sir,
A. Husband file RCR but reconciliation failed twice.
B. Husband withdraw RCR petition.
C. The entire gift item for marriage is in locked house of husband without any security.
D. Wife does not want to take back the gifted items right now.
E. Husband did not want to take any responsibility of these gifts, there may be theft.
1. Is there is any option to return those gifted items?
2. Is husband is responsible for the safety and security of these items?
3. Who is responsible if items are lost due to theft? (A) Local police or (B) husband?
ajay sethi
(Expert) 28 September 2014
husband can issue notice to wife to collect the list of gift items lying in his residence . if wife refuses to collect the same husband cannot be held responsible .
