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S.Kulothungan (News Editor)     15 March 2014

Submitted for your suggestions

Dear Brother,Sisters, Kindly help me by providing details for my following query: 1. state whether Maintenance will be given a wife from the date of separation or from the date of filing petition or from the date of judgement 2. if it is from the date of judgement As a petitioner How should i get it from the date of separation or from the date of petition. 3. what are the rights given to a WIFE when Divorce petition is pending before court 4. Is there any rule that i should not visit his house till i am Divorced 5.As i am not interested in another marriage as i had a huge sum in marriage should i opt for MONTHLY MAINTENANCE TILL DEATH 6. When he was married to me he is just a private concern worker But now he is an Asst Professor in IIT Madras and planning to marry a doctor (ORTHO) How to protect and prevent this marriage 7. All my judgements are not implemented as he keeps going on appeal how should i finish the case at the earliest as all my money had gone, things are in his custody including dress,certificates etc 8.As he had cheated me i Want his activities to be closely monitored do i have the right to carry the same 9 All of you are aware if a husband involves in some illegal activities his wife be taken away by police for enquiry so why should not i watch for his activities which i suspect 10.He never appears in police station for any enquiry but as a lady i am called by police officials and asked to sit in police station for hours in front of all Male is there any rule that he should not appear in police station



Learning

 3 Replies

Biswanath Roy (Advocate)     15 March 2014

With reference to your queries I say that legally you are entitle to  maintenance from the date of the order but if your advocate press the court to consider it from the earlier period the court may consider it..

Pending divorce suit you can visit matrimonial house unless such visit has been restrained by the divorce court..

So long you have no earning of your own for your maintenance you are entitle to get maintenance from your husband even after divorce and till death.

If your husband marry any woman  pending divorce case it will be adultary and attracts punishment. Acceleration of the Divorce case is possible by filing a petition before the court by your Advocate..

Advocate Ravinder (Advocate/Attorney)     15 March 2014

1.     state whether Maintenance will be given a wife from the date of separation or from the date of filing petition or from the date of judgement

--Maintenance will be given from the date of filing petition.

2.     if it is from the date of judgement As a petitioner How should i get it from the date of separation or from the date of petition.

--Already answered

3.     what are the rights given to a WIFE when Divorce petition is pending before court.

--You will get maintenance till you remarry.  If you are having any job or having any income source, you will not get maintenance.  

4.     Is there any rule that i should not visit his house till i am Divorced.

--If you have already filed divorce petition, there is no meaning in visiting his house.  If you want to change your mind and would like to live him happily, withdraw divorce petition and continue your marital life.

 

5.As i am not interested in another marriage as i had a huge sum in marriage should i opt for MONTHLY MAINTENANCE TILL DEATH.

--You have right for maintenance till you remarry.

5.     When he was married to me he is just a private concern worker But now he is an Asst Professor in IIT Madras and planning to marry a doctor (ORTHO) How to protect and prevent this marriage.

--Withdraw your divorce petition.  Unless he gets divorce, he cannot do another marriage.  If he does second marriage, it will be hit by sec. 494 of IPC, the imprisonment is 7 years RI.

6.     All my judgements are not implemented as he keeps going on appeal how should i finish the case at the earliest as all my money had gone, things are in his custody including dress,certificates etc

--What judgements, send me by email. File a petition before court to get your materials, dress, certificates etc.

8.As he had cheated me i Want his activities to be closely monitored do i have the right to carry the same.

--No.

9 All of you are aware if a husband involves in some illegal activities his wife be taken away by police for enquiry so why should not i watch for his activities which i suspect.

--You cannot watch his activities.

10.He never appears in police station for any enquiry but as a lady i am called by police officials and asked to sit in police station for hours in front of all Male is there any rule that he should not appear in police station.

--He is using his influence.  Complaint before Senior police officials, i.e. ACP, DGP, Commissioner of Police.

T. Kalaiselvan, Advocate (Advocate)     15 March 2014

Hope Mr. Ravinder's detailed reply has clarified all the doubts of the queryist?  I agree and endorse his views on the subject.


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