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Neetu Agrawal (Partner)     27 March 2011

Advice Sought

Dear Experts,

 

Kindly suggest me in a particular case. A couple who has been married for 12 years has two children. The wife was recently beaten up by her husband after which she left her husband's home along with her children and came to her parents' home. It is also suspected that the husband has an extra-marital affair with another woman having 2 children. The marriage has not been very successful in the past 12 years and on an earlier occasion the girl's parents had lodged an FIR because the husband had deserted her.  This time when the girl was beaten up, her family got a medical test done and they have the report also. Now the girl wants that she should either be taken home by her husband with a promise that he would behave with her properly or  that she remains with her parents but her husband pays him for the studies and other expenses of her children. What course should she adopt? She is reluctant for a divorce unless there exists no other option. She also wants speedy disposal. Are there any special courts which can hear the matter and pass suitable orders?



Learning

 2 Replies


(Guest)

Family Courts have been established for handling such cases. She can file petition under Sec 9 of Hindu Marriage act ( only if they are hindus) and also claim maintainence under Sec 24 of same act and also under 125 Cr.Pc

Jamai Of Law (propra)     27 March 2011

married for 12 years has two children

husband has an extra-marital affair

earlier occasion the girl's parents had lodged an FIR because the husband had deserted her. (??? FIR under what section)

 This time when the girl was beaten up, her family got a medical test done and they have the report also.  (??? no FIR this time?)

Option:-  that she remains with her parents but her husband pays him for the studies and other expenses of her children

 

Under HAMA section 18 and 20/CRPC 125 maintenance :  with a plea which says wife scared to live together unless undertaking from huby , but to survive she needs maint from husband even though living apart and it is a duty of husband towards wife and kids)

 

Club it with a DV complaint

Under DV Act : maintenance and residence rent expenses etc and other protection orders. 

 

Don't file anything under Hindu Marriage Act like RCR, it would affect adversely.

 

If RCR passed you need to comply to it. IF husband files RCR for you to come back (to pretend like that and to avoid maint and DV) you have plea of affair as well as past rogue behavior/misconduct, But you need to register a DV complaint an a nc complaint on time.

 

Non-compliance to RCR decree within 1year become a new ground for either spouse to ask for divorce.

 

IF you don't want divorce, don't initiate anything as per hindu marriage act, but if husband initiates don't let it go ex-parte, defend against allegations without embittering it further but expressing your fears and stressing his past nehavior.

 

Court won't compell you to live together and also shouldn't compel you to ask for divorce.

 


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