Surjakumar (ASI (Ministerial)) 23 January 2014

Required advise

Sir/Madam

I would like take advise from you that I separated my wife and children due to some family clash since 2009, May. Thereafter, they filed a case for claiming maintenance in the Family Court, Manipur and I have been giving maintenance amounting to Rs. 8000/- p.m. to them since Dec. 2009 to till date through my office. Since then they are living separately in my native place and I am living in my workplace. But, now I would like to settle the case permanently by way of giving divorce as they are disturbing my official/personal life by calling to my superior officers on the plea that they are being received the amount timely whereas the said amount has been deducted on the 1st day of every month.

Now, give me an advise what way of relieve I can take on the line of law?

Surjakumar

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1 Replies

(Guest)

Dear querist,

As per your brief I have the following say:

1. Once wife has fixed to get maintenance from husband it is clear that separation has begun with no reunion/reconcillation.

2. Count your days of separation from your wife, if it has crossed 2 years then you have got a ground of desertion.

3. This desertion has to be proved by you before court and such cause has given a mental cruelty to you with a supplement ground of divorce.

4. Here,I am assuming your marriage as HMA 1955 and A/T your brief that "Wife is harassing you by way of calling against you in your office". This act of wife undoubtedly creates a mental cruelty to husband giving a sole ground of divorce U/s 13Ia of HMA.

5. Your divorce petition will be maintainable. Hence, you have a good case to fight on the above ground if you sense that your marriage is dead.

6. Or,else if you have a ample settlement amount to give to your wife to get rid off from her then have an amicable talk and part away peacefully via MCD.

Good Luck.

regards,

(ESIS)

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