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Indian Citizen (Associate)     14 February 2011

Advise Needed

Wife files for Divorce ( Sec 13 a HMA) on false ground of cruelty, dowry etc in the family court.

Pls guide

1. Proceedings of the case

2. Competency of lawyer in the outcome of the case.

3. Do and Donts for husband during the proceedings.

Thanks!!



Learning

 5 Replies

Dadi Uma Mahesh (NA)     14 February 2011

You need not have to do any thing just wait for the Court to Pronounce Exparte Divorce Decree apply for a Certify copy of the Order and marry a again but with lots of verifications and cautions?

Indian Citizen (Associate)     14 February 2011

I agree that if i don appear in the family court , they will pronounce exparte divorce..but then what about the streedhan/maintenance-(RANSOM) which my wife has  requested in her divorce petition?? If there is no counsel from my end....they will get maintenance/streedhan(RANSOM) as per their expectations??Pls advise.

pramod (lawyer)     15 February 2011

she can claim return of money and gold and maintenance if she is unemployed

and if children are there you are bound to give maintenance to children.

Indian Citizen (Associate)     15 February 2011

1.Does that mean that wife can claim any amount of money , jewellery (gold) under streedhan?? How will court decide the actual transaction/ streedhan when there are no records of the transaction?

2. If wife is unemployed but post graduate , had worked for few months before marriage( unfortunately no records available). Will the court entitle wife 1/2 -1/3 rd of the earnings of Husband?? Marriage happened in 2006 , couple stayed for 4-5mths only, then wife initial files 498a etc and later divorce......the court will just blindly give half-one third of current salary  to wife as permanent maintenace???

pramod (lawyer)     16 February 2011

your wedding photos are enough to prove the gold she is having

she is entitled to live the same standard as you as per the law.

but the court normally doesnt order that much.

but if u can prove that she is living separate at her own will

without any valid justifiable reason, you need not give maintenance


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