want divorce or want wife to come home

Hi,

It is a sad state of affairs. But from what you have mentioned you need to now be on the alert. As there is a good chance that once a lawyer makes an entry in this issue, it will be all the more vitiated.

There is a possibility that you could be surprised with various cases like the PWDVA 498A  etc coming your way. Make sue that you have your evidences / records in order like the attempt at reconcilliation that you have made.

As far as maintenance is concerned, it would depend on the caprice of the judge and your stars on the particular day when the order is read out. By the way, it is clear that the wife is not entitled to maintenance if she chooses to stay away from the husband without a valid reason. Also many HC's have opined that an educated wife who is capable of earning is not entitled to maintenance. But like I said earlier it would be the caprice of the judge and your stars on the day of judgement that will decide the maintenance amount.

It is a Kagaroo Court  where most if not all family matters are adjuducated.

Good Luck to you

N.B.: If you need any help you may contact 3C-Services@mumbaimail.com

There should be equilibrium in law and justice and its should not be gender biased.

 

Today women is claiming ,maintenance whether they have any real problem with their husband or not but they are claiming it as a matter of right and it becomes business now to earn easy money. Marry the rich person , do quarrel with them and then claim maintenance and alimony. When she is not ready to co-operate and take care of her husband and family then why she should get any maintenance/alimony. IT MUST BE STOPPED AND BE GIVEN ONLY IN DESERVING CASES WHERE HUSBAND IS GUILTY AND WIFE IS INNOCENT.IT WILL SAVE THE FAMILIES.

 

It is a jungle raj and  way to become rich on others money.

 

If husband has duty to maintain her wife then wife has also duty to take care of him and give love and affection. So there should be no maintenance at all for wife's who are just trying to enrich them by using this ANDHA KANOON.

 

 

Certain suggestions to preserve families and to save them:

 

          No maintenance till guilty is proved and if husband is ready to reconcile and bear all the expenses of wife and children if she re-joins him.

 

          No maintenance  and alimony in the 2nd marriage if she has got it in the first divorce.

 

          No maintenance if she can maintain her or her parents can maintain her and if husband is ready to take her back.

 

          Compulsory mediation for avoiding long legal battle.

 

          Law should be such that both husband and wife try to reconcile .

 

          Law should not be favoring anyone to ensure that marriages are saved.

 

        

      Domestic violence complaint / fir should be filed within 24 hours of alleged incidence in place of today's situation in which wife and her parents try to black mail the husband and his family to agree to their terms and if they do not agree then they file case even after many years.

 

 

DV Act must be applicable equally to men and women as today women is more aggressive and ill-treat, abuse, beat husbands and in-laws but the DV Act not applicable to them. It must cover wife's and their families to ensure equality and justice.

 

 

Limits provided in the Act for filing mutual consent Divorce after 1 year separation, desertion of 2 year,3 years for IRBM etc. should be removed and it should be only 3 months so both can start their life’s afresh.  When two persons can marry without any waiting period then there should be no waiting period for separation.

 

The most important thing is to fix time limit for completion of hearing and disposal of case in any court say 6 months only. The cases must be tried on fast track basis. The infrastructure of the legislative system should be strenght4ened and cases must be disposed off within 6 months.

 

For filing cases some minimum requirement of proofs etc. must be there and it should not be like this that for any small small issue anybody can go and file the case.

 

Specially for family matters pre-litigation mediation must be compulsory and the behavior/flexibility of each party in resolving the issue must be recorded and should be base of their case in future (if any).

 

Pre-neputal agreement should be made legal so husband and wife are aware before hand what they are going to get or loose if they part there ways and they should be allowed to take divorce on the terms mentioned in the agreement without going to court. 

 

MAXIMUM LIMIT OF MAINTENANCE AMOUNT BE FIXED IN THE ACT ITSELF TO STOP ITS MIS-USE

 

THERE MUST BE STRICT PENAL PROVISIONS FOR PETITIONER AND ADVOCATES FOR FILING FALSE CASES.IT WILL REDUCE LARGE NUMBER OF FALSE CASES. AS PER STATATICS 95% DOWRY/ DOMESTIC VIOLANCE CASES ARE FALSE.ONCE JUDGES START PUNISHING THOSE INVOLVED IN SUCH CASES THERE WILL BE SEA CHANGE.

 

Dowry law, Hindu Marriage law, Domestic violence Act etc. must be made equal for both husband and wife. Lacs of husband are suiciding because of these biased laws.

 

 

FILE  REPRESENTATION BEFORE COMMITTE OF PETITIONS OF RAJYA SABHA FOR CHANGE OF 498a TO STOP ITS MISUSE BEFORE 30.12.2010

 

If husband has a duty to maintain his wife then he must have some rights also and if wife has right of maintenance then she must have some duties also.

 

The government of India who has enacted this type of illogical law has on its own part giving this type of maintenance/allowance etc. to citizens of India if they don’t have any earning/job etc. NO not at all.

 

In NAREGA they are just giving guarantee of work for 100 days and wages for the days worked so this should also be applicable to husband and wife also.

This blackmailing by wife's must be stopped forthwith.

 

 

 

 

agree with Mr.Bhaskar.Law needs to be changed .

Thanks Mr.Raj Action plan is to send request letters to those who are in power PM,Law Minister,President ,Cabinet Secretary ,Chief Justice etc etc.with statistcis and case laws and changes requitred as mentioned in my earlier post. Send sms emails to all concerned to create a sense of movment. I am already on the job, you may also start doing this. Thanks

Definitely she will do that and file false 498a..Better file divorce before u she take any action. Staying with such kind of wife is useless..