Wife getting maintenance for past 10 years and deserted

You can get divorce on the ground of desertion, but you cannot avoid paying maintenance.

It might not be desertion on the part of wife.

The same maybe because of the reasons that husband has deserted her.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

wife can very easily flatten the ground of desertion made in husband's divorce petition.

she can make allegations of cruelty, dowry demand etc. etc.

when wife is contesting husban'd divorce petition, i think, very rarely she looses the case.

Man has married who is already divorecee, her  first divorece taken on stamp paper and registered in sub registrar and showning that she has tkane lup sum amount for aliminy, whether seond time she will get maintance and alimony from second husband.

@ ketan,

the second marriage is void ab initio.

it is no marriage in the eyes of law.

in this case, divorce is not applicable. for divorce, legal marriage is a must.

they should file for getting the second marriage declared void u/s 11 of HMA.

wife may get interium maintenance u/s 24 of HMA during the pendency of the case.

how did the husband get his first divorce ? from court ?

MR. AMIT, Mens first wife expired.

second marriage he done with divorcee girl who is having divorce not from court but matual divorce in sub registrar office on stamp paper.

i hope now the picture is clear.

awiats for reply.

Hi Ketan,

That is why Amit is saying, second marriage is VOID.

Because the wife has not got legally divorced from her first husband.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

@ Ketan, 

https://www.lawyersclubindia.com/forum/Re-Re-Legal-Divorce-papers-for-SC-32734.asp

ur query is answered at the above thread.

any more doubts ?

Thank you Mr.Amit and Mr. Shonee Kapoor.

if you really want to thank, thank LCI; rather than us.

my dear friends I am late by 28 days.from the date of message posted  by thiru.Sivasailanathan.  In this case, the trial court decreed teh suit in faovur  of the wife for maintenance at the rate fo Rs.8,000 pm/ then suit had been filed by her in 2007  She claimed no maintenance for the past. The decree also does not  grant maintenance for the past t,  Only future maintenance e is decreed specifically. But in the first  appeal filled by  by the husband, even while admitting the appeal , the Division Bench  ( Madras High Courrt)  directed that the appellant/ husband to deposit a lump  sum of  rs.200,000 ( two lakhs )in the trial  court  within eight weeks from  the date of receipt of the High Court order On this condition the DB stayed  the Execution Petition filed by the wife.

Now let me advised /gudied by you as to - 

How was that the EP was taken on file  by the trial court  for past maintenance on the basis  of quantum of maintenance decreed for future maintenance only ? 

is the high coirt justified to garnt a lump of pas maintenance to the wife and stay the decree of the trial l court for payment of past maintenance ? 

In effect, therefore , can the wife seek to go beyond the scope of its own decree passed by the trial l court? By numbering the EP for claim of  past miantenance , has the trial court t committed erro of law? And, is the HC justified in ordering the appellant to pay lump sum payment and stipulate  that in that case the EP proceedings will stand stayed? Does the  decree for future  maintenance implicitly stand for past maintenance too , without even the  past  maintenance having been  neither  prayed for by the plaintiff  / wife  nor granted  by the trial court in the decree? 

any case law authorities  either for or against the aforesaid propositions, please 

P.Padmanabahan

since my posting the above requetst, further web search has given me necessary answer and ruling. others too might benefit out of it:: 

In the case of  Panchaakshra Chetty vs Pattmmaal and others the MADRAS HIGH COURT has held: “ It has been laid down in a number of decisions that, in order to entitle her to past maintenance no demand is necessary". 

Regards

P.Padmanaabhan at 08:25 PM IST on 29th Ap 12