in a case ,husband is not willing to live with wife. wife is with her parents. Husband is not even contacting her. Now she is confused whether to take the dicision for divorce under HMA or jst maintainance under CrPC
digvijay kurade (planning to do practice) 01 June 2009
in a case ,husband is not willing to live with wife. wife is with her parents. Husband is not even contacting her. Now she is confused whether to take the dicision for divorce under HMA or jst maintainance under CrPC
Swami Sadashiva Brahmendra Sar (Nil) 01 June 2009
it appears to be a fit case for reconciliation of relations. wife should file a petition for restitution of conjugal rights.
G. ARAVINTHAN (Legal Consultant / Solicitor) 01 June 2009
If wife is willing to live with husband, she can filr application for restitution of conjugal rights.
But say us why wife is living with her parents and what made her to do..
Khaleel Ahmed Mohammed (Advocate ) 01 June 2009
The wife can file maintainance case against husband U/S 125 of CRPC or a civil suit for comprehensive maintainance.
digvijay kurade (planning to do practice) 01 June 2009
she is living with her parents cause husband is not wiiling tolive with her .
Deekshitulu.V.S.R (B.Sc, B.L) 02 June 2009
Mr. Kurade
As said she need not go for a divorce at the 1st instance. Let her file a case under Sec. 125 Cr.P.C, and she can also file a petitin under HM Act, for restitution of Conjugal rights and also file an interim application therein for interim maintenance
B.B.R.Goud. ( Faculty) 02 June 2009
it appears to be a case for reconciliation of relations. wife can file a petition for restitution of conjugal rights.
even then it is not solved or in parallal you can file a suit for the maintanance u/s 125 CrPC.
Rajesh Kumar (Advocate) 02 June 2009
No husband should be forced to live with her wife. I numerous cases, on petition of husbands for restitution of conjugal rights, court has stated that wives cannot be forced to live with her husband. What they call- violation of women's body and spirit.
Even men has a body and probably spirit too. No body, including their wives must not be allowed to violate their body n spirit.
Deekshitulu.V.S.R (B.Sc, B.L) 03 June 2009
Mr Rajeshkumar. so you still say men have always a upper hand than women. While tyeing Tali what the bridegroom says is that he will not leave the groom for ever. That I need not tell you. There should be a reason for the husband to refuse to live with the wife. If not every wife will be a destitute, of an ungreatful husband. Living with the wife , here means to be in the company of wife, or keeping the wife in the company of the husband. To see the welfare of wife is a moral obligation proved by custom and cermonies of marriage and giving her maintenance, after making her destitute is a legal obligation. So unless there is strong circumstances a man shall not say that he will not love with his wife, because there should be method in madness.
karthik (resource coordinator) 25 August 2009
| riginally posted by :Prabhakar | ||
| " | I request the learned members kindly pay attention towards S.13(1A)(i) &(ii), whereby any party can obtain divorce after passing of one year from the date of order of restitution of conjugal rights/ judicial separation, if both the parties live separately. Hence, the suggestion of our members to the enquirer to obtain restitution of conjugal rights is dangerous one, as she may not like to take divorce and if she gets a favourable order of restitution of conjugal rights and it cannot be executed for one year, automatically, on that ground itself, the erring husband will get the relief of decree of divorce. | " |
Then what is X-Party option, how fr will that help?
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
