Separation before Divorce
Querist :
Anonymous
(Querist) 29 December 2010
This query is : Resolved
wife left house in Dec-08 and filef FIR u/s 498A.
Husband filed RCR in January-09 but the same was taken back by the husband in June-09 as one of relative from girl side interfared in the same by saying to take her back by panchayat.
In July-09 Wife filed Maintinance.(The same has not been decided till now)
Can husband file divorce as sapration of two years as two years has been completed in December-10. as there are lots of trying from husband even in front of court
(while appearing in 125 CRPC), she is not ready to rejoin.
If husband file divorce, does he had to pay alimony to her? (if yes, can she still claim for maintinance under crpc125)
Selva Kumar
(Expert) 29 December 2010
clarify, what religion are their?
if Hindu
when wife deserted husband for a continous period of 2 years immediately preceding the presentstion of petition, he can file divorce petition on the ground of divorce u/s 13 (1) (ib) of Hindu Marriage act
You have to prove that the wife was voluntarily deserted the husband, the said wife not able to get maintenance, so many citations regards.
G. ARAVINTHAN
(Expert) 29 December 2010
Since it happened 2 years, he can file application for grant of divorce under the ground desertion.
permanent alimony is based on the income of the husband and his properties.
Devajyoti Barman
(Expert) 29 December 2010
Yes you can file suit for divorce now. The wife can claim alimony or maintenance u/s 125 crpc irrespective of the case you file for divorce for rcr.
Querist :
Anonymous
(Querist) 30 December 2010
@Devojyoti Sir,
I understand that she can claim for maintinance under 125 at any point of time till she remarry. My query is that if Husband ready to pay permanent alimony under 13(1),and get divorce, can she still claim for the monthly maintinance? under 125.
I have heard that wife can not claim for maintinance from two diffrent procedings.
