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renu (consultant)     11 July 2010

new Amendment in Divorce trying to understand

As per my understanding; new amendments says that if Husband and wife not living together for 7 years or more that will be a ground for divorce.. but iif girl doesnt get agreed to get divorce to earn more money from her maintainance case in that case again will court provide divorce ???

In my known case, Girl and boy is not living together from nov 2004, again it been 6 years... the girl has filed 498A, 125, DV and maintainance case on boy. They lived together for hardly 10 days. There was no crulty nothing even giril ran away.. the boy made mistake coz he did nt filed FIR when she ran away. The Boy was arrested becoz of her, he spent his 7 days in jail.. he losted everthing in his life but that lady is actually cruel... We had tried to convenience her for settlement mutually on which she replied that she is not fool, she will take monthly money from boy...she added a lot fraud bills in maintainance.... please tell how we take divorce, and she must working or doing someting how we can proof for our maintainance case... please suggest



Learning

 3 Replies

Arup (UNEMPLOYED)     11 July 2010

"As per my understanding; new amendments says that if Husband and wife not living together for 7 years or more that will be a ground for divorce.. but iif girl doesnt get agreed to get divorce to earn more money from her maintainance case in that case again will court provide divorce ???"

--  IT IS YOUR IMAGINATION ONLY.

IF YOU HAVE THE TEXT PLEASE POST IT.

renu (consultant)     11 July 2010

Aruo sir,

 

I have added all the all story, please look into it


(Guest)

Some thoughts (assuming them to be Hindus);

1. Your openning para smells of S. 13 (vii) HMA but it is classic dream. Now let us wake to reality omitting the yet to review Hindu Marriage Amendment Bill, 2010;
(a) You forgot to mention in breifs when these 498a IPC / S. 125 CrPC / DV cases filed (date / month / year)?
(b) Understood that he is suffering but then you frgot to mention if any Divorce suit filed by either party and of so then date / month / year and / or you want to knowif it is to be filed then under which Section ?
(c) What is income / earnign capacity of your friend? 


2. Now I am replying to your last 3 sentences r/w whole briefs;
(a) File a divorce suit under S. 13 (1) (ia and (ib) [cruelties + desertion] HMA grounds.
(b) She may retaliate and file S. 24 HMA for int. maint. under HMA.
(c) It ever occured to your friend that in all these years he should know where she is working and or how she is surviving? If yes, then within a week arrange for detective work to find her earnign capacity.
(d) In S. 498a IPC has she mentioned of Dowry articles and if they are beyond the capacity of FIL legitimate earnings then it opens chapter for counter cases so that they all can come across table for a wise settlement.

Happy ending !

All the best.
Regards.


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