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Ryan (Consultant)     08 September 2014

Restitution of conjugal rights filed by wife - advice needed

Hello Everyone,

I need advice on a urgent matter about my niece

My Niece had married in 2000. Within two months of marriage. Her husband asked her to go back to her maternal home. She was suffering from epilepsy. she had only one seizure 4 years before marriage and

the father of the bride thought took doctors advice and married her off. He did not inform the husband/his family of this - Thinking that it was a one off thing. Now Unfortunately - She got an epileptic seizure within one week of her marriage. The husband thought she is suffering from chronic epilepsy and sent her back. Despite several attempts at arriving at a compromise - The husband did not come back and take my neice back.

Later the matter came before the Family Court at Nanded and the Court asked the husband to take his wife back and giving a maintainance of around 3500/- per month.

Now, The husband filed a case in the high court at Mumbai saying that the Bride and his family have willfully concealed the matter of epilepsy and asked for divorce and for quasing the family court order.

Now, The court during an observation says that - The matter was willfully concealed and if the Husband knew - He would not have married in the first instance.

Now, My question is what are the chances or best possibilities for my neice with regards to the following.

The Other party has come forward saying that they want the case to be disposed off and offered 8 lakhs in front of the court as the compromise. Now, they have also told the court that they cant give any more than 8 lakhs.

The lawyer says that please take whatever they are giving and close this case and told me it is likely the court will decide on the part of "Husband" as quash the Family court Order. The lawyer has lost all interest and will to fight it out in the High court it seems to me.

Maintainance and Permanent Alimony - How much can she expect and What is your opinion in this matter.

What is the best course of action.

Your advice is highly appreciated.

 

 

 

 

 

 

 

 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     08 September 2014

The monthly maintenance and alimony amount are two different terms. If she opts for monthly maintenance, the court may award the same based on his economic status and his income however, though such order will continue for her life time, what is the guarantee that her husband will pay her through out her life time.  the one time quit permanent alimony amount will again depend on his sources of income and other assets on his name, suppose he contests with evidence then the likely sum may get reduced, thus, if nothing works out and there are no chances for reunion, better settle the issue by agreeing to the amount offered.  Think properly about pros and cons and decide.

Ryan (Consultant)     08 September 2014

Thanks for your response. Now, If Lower Court Order of Restitution of Congidual rights is dismissed.

and Court upholds the contention of the Husband Says "Epilepsy was concealed" What are the chances

of my neice - What are the steps that she can take?

Does that mean that she is not entitled to maintainance/alimony if The court decides that "Epilepsy was concealed before marriage".

 

I must say the marriage was not consummated in this case.

gautam (not disclosed)     09 September 2014

Does the wife has the option of selecting monthly maintenance or permanent alimony.

Can the husband contest that he wants to pay only monthly maintenance and no permanent alimony.  as after permanent alimony the wife can remarry and the husband loses the money

Q Slinger (NA)     10 September 2014

Ryan: The admin's must really like you...they keep deleting comments that highlight the fact that you are misusing this forum. 


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