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pavel (CA Article)     22 June 2014

Need help in divorce case

Hi to Everyone ....

I am new in this forum and need all ur help and support...

My sister and husband got seperated in 2011..in 2012 her husband filled an divorse case..

and my sister filed an mutual understanding case....now on june 2014 on firday he called my sister to come back to his home...but my sister dont want to go back neighter she wants to give him a divorse...

he is the worst person and when he called it seems that his worstness sill not reduced..

we had also filed for maintanenece for my sister and her litle baby girl...

we had a lawyer he is good ...but i silll need u all experts opinion...please help me and support me....



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 8 Replies

Manikandan (Advocate)     22 June 2014

It would be better to join if it sister have the mind too -before that consult a good astrolager how would be their life

cyberlawyer (barrister)     22 June 2014

May be he is not able to pay the conditional one time maintenance passed in the MCD case. If your sister can change him by love and affection, she would be advised to join him. But if the antecendents of that husband is so bad that she cannot be expected to live with him, go ahead...

Suneet Gupta (www.vashiadvocates.com)     22 June 2014

What does your sister want? Either she should be ready to go back or get a divorce. As far as maintenance is concerned, she can apply for it as a part of divorce proceedings or under Sec. 125 of CrPC before a Judicial Magistrate.

Vishal Kashyap (Self Employed)     23 June 2014

First decide what she wants and she can be safe n secure with her husband as time changes man a lot. But if not then contest the divorse petition on the grounds husband has filed. File interim relief under section 24 in divorse. Let him pay first, meanwhile you will get time to delay divorse. If need speedy maintenance thn file domestic violance against him. Its the fastest remedy for maintenance. But if she is really willing to live thn give destiny a chance. Ensure safety first. Gud luck

pavel (CA Article)     23 June 2014

Sorry to say words before u experts but if i compare my sisters husband with animal i think animal would win in term of behaviour and manner...my sister dont want to go with him neighter she wants to give him a divorce.....the pain she suffered will not let him so easily....

even if she gets maintanence she will donate to a trust.. she is not interested nieghter in his money..but she dont want to giv him a divorse so easily.....she want to delay a long as possible....and as far as maintanence is concerened she wants so that he can understand family is not an easy task..and not as simple as simply singning a divorce paper....

how can she delay with such...

Suneet Gupta (www.vashiadvocates.com)     23 June 2014

Dear Pavel,

I empathize with your emotions, and understand that your sister wants to punish her husband. However, I have seen several such cases, and have come to realize that the longer she delays the separation, the more painful it will be for her. She will keep thinking about him for a longer period and hurting herself emotionally and psychologically. Sometimes a clean amputation is better than the slow spread of gangrene.

However, in case she wants to delay and stretch the whole thing, there are many options, including Criminal cases under Sec 498A of the IPC, and under the Domestic Violence Act. She can file a maintenance application under Sec 125 of the CrPC, and she can keep delaying the Divorce Petition by asking for sufficient alimony for herself and the child, and by taking repeated adjournments on one pretext or the other. Please consult a local lawyer for detailed advice on the various tactics she can utilize. If you are based in Mumbai, please send me a private message and I can connect you to good lawyers for the same.

cyberlawyer (barrister)     28 June 2014

^^ Well said and agreed...

pavel (CA Article)     30 June 2014

thank you soo much specilly mr.suneet gupta...i will never forget ur valuable comments..am tooo greatful as i thought m query wll be ignored but thanx u all expert for all your valuable sggestion...and mr.suneet will definetiely contact you if such situtation arises.....i had a lawyer who is also a good one..but sill if comes for second thought will definitely contact you......


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