Dilip Babu (Engineer) 15 February 2011

Divorced. Maintenance Case.

Hi All,

This is Dilip. Requesting valuable comments from the learned forum. Shall be brief.

After marriage we lived together for 18 months. She always resisted s*x.& we never had intercouse. She left over some argument and stayed away. And I went my way.

After almost five years she filed for Restitution of Conjugal Rights (RCR). I responded three months later filing for Divorce mentioning non-consummation and desertion.

Family court clubbed both case and conducted trail for over 11 months.

She never mentioned non-consummation in her RCR petition. In the counter to my divorce petition she strongly denied non-consummation. However, in the second session of the cross-examination she confessed about the non-consummation. (I believe I just got lucky !)

Sometime during final arguments, in the same Court she filed a seperate case for maintenance under section 18 of Hindu Maintenance and Adoption Act claiming arrears of last three years saying that she has been unemployed since she left me.

Meanwhile the Hon'ble Court concluded the RCR & Divorce cases and passed orders granting Decree of Divorce by dissolving marriage on grounds of cruelty (for depriving husband of conjugal life) and also desertion.

Now the maintenance case trial has begun. I am wondering what to expect. Will I need to fight hard on the maintenance case ? How will the Divorce Orders help me or support with the maintenance case ? Will it help ?

Looking forward for learned comments and suggestions / references.

Thanks for reading.

Dilip Babu

Reply Follow

2 Replies

Tajobsindia (Senior Partner ) 15 February 2011

@ Author

Just file these two if already not done and or file change of W/s as in reply to her S. 18 HAMA Application.

1. From the date of filing application not from the date when litigation started should be your vehement ground as a 'preliminary objection' Ask court to remove this prelimiary objection first then only you shall contest the frivilous case what ever it is left of now......

2. File Hon'ble SC and catena of decisions of various HC's which talks "no maint as well as no alimony to deserting and or cruel wife". Recall properly what does your decree sheet say as in operating (speaking part), is it not based on cruelty and desertion in yoru favour. So...……(Period)

Follow above two paras only and it is end of all so called litigation for you man........

Dilip Babu (Engineer) 16 February 2011

Hi tajobsindia,

Thanks for your reply. Being totally unfamiliar to legal and even internet jargon I request you to elaborate in few words.

What is the applicaiton you have suggested. What does "change of W/s mean".

However I understood that 18 HAMA stands for section 18 of Hindu Adoption & Maintenance Act.

I am yet to receive the Orders and I shall get back as soon as I see the operative part.

Also, were can I find citations of HC Orders ruling that "no maint as well as no alimony to deserting and or cruel wife". Any specific names / sites please ?

Thanks & Regards,

Dilip