manu (maintenance) 25 March 2014

Divorce

Sir , My friend ( ragia Bagum) got marries in 2012. her husband don't like my friend. before marriage already he had a lover. her husband always try to divorce her. so her parents always take him & his family to police station by telling that if you leave my daughter we will all cases on your family..her husband is still with his girl friend. her parents went to that girl's house and warned her. but no change. her parents get irritated and put 498 A & other cases on his family ( 5 Members) in march 2013. her husband get out from jail through bail. because of this false case he totally want to divorce her 7 he is planing to marry that girl. but my friend don't want divorce.his lawyer so many times called us for settlement. but we don' go. now tell me what are advantages to him.. & what are the disadvantages to my friend.. now what my friend want to do.. suggest..

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8 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 25 March 2014

Tell your friend that do not accept divorce. Instead file a restitution of conjugal rights and file a peititon for maintenance from her husband.

Kapil Gupta (Advocate) 25 March 2014

Dear client, your friend should not go for any settlement and she should try to file the restitution of conjugal rights under the Muslim Marriage Act. He cannot leave her without a reasonable cause.

ashutosh@@@ (software engineer) 26 March 2014

Can anyone advice me doctrine which i use while argument by opposite party lawyer where he asked many question(in jirah) which are not related to divorce case.

Thanks

tripti (executive) 26 March 2014

Sir, Would you give some knowledge on “no-fault divorce” under Section 13B of the Hindu Marriage Act 1955.

Me and my husband both want mutual divorce as soon as possible. So we can both move on in our life.

year of marriage is 2011

Please Suggest

(Guest)

I completely disagree with all above replies:

Reasoning:

1. Even RCR also filed she can't force her husband to cohabit with her.

2. Even he files divorce she is bound to contest the same.

3. It's totally waste of money,time and energy on these type of cases when one partner has already made his mind to not live with her.

4. Even her husband is not afraid of false cases,he has already visited jail and came out on Bail then what is left for him. Whatever she will do,now he will do opposite.

5. It's better to leave that fellow and move on .....

@tripti,

Yes you both can file MCD U/s 13 B stating the reason to be divorced under first motion of appearance and next phase of second motion will come after six months of first motion. If both of you are intact with your decisions till second motion then both of you will be freed within 6 months and 15 days of duration with a decree of MCD.

regards,

(ESIS)

tripti (executive) 26 March 2014

@ (ESIS)

Sir, Thank you for your answer.

tripti (executive) 26 March 2014

@ (ESIS)

Sir, Thank you for your answer.

Gautam Kapoor (IT professional Studying Law) 29 March 2014

@Manu - Good that you are fighting for your friend and you know so much about her and her family. Nevertheless,as you yourself mentioned false 498a case- it is by itself is grounds for divorce.

if your friends husband already has a lover, what is point in staying with him? Try to mutually settle things and get out of this fuss.