Section 125crpc

 

IT is believed that you are al Hindu.

Confirm!

The unemployed spouse (Husband or Wife) does not mean having NO source of income.

The source of income matters for both spouses Husband or Wife.

The spouse (Husband or Wife) with NO income to maintain can claim maintenance from other spouse (Husband or Wife) that is earning/having income.

If you are not confidant as PIP approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in  Family matters and having successful track record…………………

 

If you are not properly informed then avoid acting on your own.

Check LOCALLY with Legal Services Authority and IT’s provisions for providing free legal aid………e.g; for litigants with income <3Lac/pa…

 

If you are not eligible, and also if you want chose the able counsel as already suggested above ….

 

The court shall pass orders on merits and facts of the matter before the court...

It appears she deserted you.   Not you, her.    She can't claim maintenance.

Why to live with an unwilling wife?     I suggest that you should take divorce without the need of paying maintenance.

she showed innocent herself.

I think Section 18(2) of HAMA is not applicable to the Questioner.

Nature of desertion doesn,t depend on one year but on the action.

how many chances of winning this case

how many chances of winning this case

i m having loan of Rs. 10 lacs. and right now i m unemployed.Is this helpfull for me in this case

Based on the first line of the query, it's desertion on the part of the wife.

Friend PArabakhar,

when I started off by filing for divorce, I was like you, naive and very logical. All these don't work in the pack of lies. She will write you and your parents threw her out, kicked her out of the house. She is going to accuse you of things you did not even imagine. Since she has chosen the legal route for money, it is very clear that she does not want husband, but of course  his money. Shamelessly she is going to lie. She will contradict all her statements in the same page to the extent that it will amuse you. The only route for you is to put up a fight. Stiff one at that. That she deserted you and that she has gone to court means that even her parents are supporting her. Why do you need a wife like that? This is the case of a house that is burning. We can't get it back intact. But at least salvage what ever possible and that is your gain or victory. No winners here. For sure.

should i file sec. 9a

You can file section 9 or anything. But the wife is going to be the same. Even if you file section 9 and prove that you are willing to take her back the maintenance hook is going to be around your neck. And there is something called condonation in legal parlance. And once you are willing  show that you are willing to accept her, you won't even be able to cite desertion in your divorce if ever you are going to do that. So make sure it has to be cut and dried. YES OR NO. YES  means you will have to dance to what ever music she plays in future. 

You're asking all these questions here, why don't you engage lawyer if not yet and ask all these from him. He'll be too happy to guide you and answer all your questions after you paid him fee for your case. Free consultancy here takes you nowhere rather confuse you more.

Desertion is helpful only when the accepting spouse cites it.

LCI is not a court and only Court can grant you relief, so don't waste your time with query in LCI and fight your case by enagaging a lawyer. Court proceedings is real life in action and not Athenian philosophical dialouge or Oratory competition.All the best.