Husband wants divorce but wife does not
Querist :
Anonymous
(Querist) 26 December 2011
This query is : Resolved
hi,how can divorce be avoided even after husband files case after remaining separate for 4 yrs.
2.if he stops monthly expenditure,what are the means to get that during divorce case.
3.how can a wife get fees of lawyer when she cant afford
.4.after torturing physically mentally n socially to his wife ,husband cant be just given a ladoo in his hand by signing divorce paper.he has to pay for his deeds so what a wife should do?when there is another woman in his life.
5.no other income source for wife .giving just 15k when his salary is more than 1.5L.
requests for advice.
thanx in advancs n regards
Shonee Kapoor
(Expert) 27 December 2011
wife can contest the divorce case on merits and can ask for maintenance and litigation expenses u/s 24HMA.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 27 December 2011
hi ,
i m nt aware of this legal language so wont it b gr8 if u tell me in some simple wrds.i wl b so thnkful to u.
N.K.Assumi
(Expert) 27 December 2011
Consult a lawyer of your area and Utilize the shield and a Sword as provided under the Domestic Violence Act 2005 against your husband.
Adv Archana Deshmukh
(Expert) 27 December 2011
Yes, better consult a local lawyer who can fight the case. The wife, if she is unable to maintain herself from her own income can demand litigation expenses and monthly maintainance from the husband under various provisions of law.
prabhakar singh
(Expert) 27 December 2011
1.you can file reply against your husband's petition by suitably denying facts alleged therein against you.
2.you can ask for litigation expenses including your lawyers fees as well as interim expenses of daily life support such as foods cloths medicine[collectively we call maintenance]
3]a separate maintenance petition under section 125 cr.p.c. can also be filed by you.
4]you can also file cases under domestic violence act for shared house and for rent of the house etc.
5]and many more remedies are there,so go for a lawyer.
Murughendra
(Expert) 27 December 2011
I agree with Shonee Kapoor, Archana and Prabhakar singh. I am not agree with the comment on N.K.Assumi regarding Domestic Violence, as both are living seperately since 4 years.
Deepak Nair
(Expert) 27 December 2011
Rightly advised by Mr. Kapoor, Prabhakar sir & Mr. Murughendra.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 27 December 2011
You said you are getting 15 k so that is enough for you to conduct the cases.
Legal process is a lengthy battle and whether you like it not one who persists can only get out of it.
You are more worried for other woman and may be he is doing it to tease you, take care.
N.K.Assumi
(Expert) 27 December 2011
Consider this? If the husband filed divorce petition against the wife and the wife shifted to her parents home, is she prohibited to take action under the DVA 2005?
Devajyoti Barman
(Expert) 27 December 2011
1. Yes any of the spouses can do so.
2. The wife can file case u/s 125 crpc or u/s 12 of PWDV Act fro claiming maintenance.
3.Wife can seek free legal help from the Legal Aid Services of the court.
4. The failed marriage itself is not an offence.
5. The wife is entitled to maintenance.
Querist :
Anonymous
(Querist) 22 January 2012
thanx everybody........
