What to do or how to proceed?

Section 14 of the Hindu Marriage Act, 1955 provides: - No petition for divorce to be presented within one year of marriage.No maintenance to wife, when she is working women.In case of divorce alimoney has to pay 

Thank you Ramachary Sir. I could not get your last point "In case of divorce alimony has to pay". Can you please explain...

Sir, she stayed only 3 months at matrimonial home, and do not have any child out of the wedlock. She is getting around 4K as house rent allowance from her job. She already has a flat and a car in her name before marriage.  Is it still necessary to pay alimony.

Dear, 

Divorce as per section 14 at least one year must have been passed or in exceptional circumstances the court could grant before 1 year if hardship is shown by the parties, and so far as mutual consent divorce is concerned section 13B provides that the parties must have been living seprately from last one year. 

Now the next thing is that if the wife is earning same amount, it will be taken into consideration by the court while granting maintenance and the court in its discretion could either grant or reject the same. 

If you friend is interested to reside to gather with his wife, then he should immediately file Restitution of Conjugal Rights under section 9 (which would further substantiate his bonafide to reside to gather).

Last but not the least, your's friend wife can file a suit for maintenance or can do all possible rights granted to her be law(which can never be anticipated before).

Regards

Advocate Kapil Chandna

9899011450 

Thank you Advocate Kapil Chandna, Mr. Helping Hand for your kind advise. 

Mr Helping hand, the husband is my classmate, who happens to be my brother-in-law also. 

Thanks again for your guidance and hope you will guide us in future also.

You can file CrPC 144 petition "Power to issue order in urgent cases of nuisance or apprehended danger" by showing the report of the police to be in safe side.

My personal opinion is avoid HMA. Look for a good unmarried girl and start live-in relationship. Let her file divorce and file what ever she can. If she files maintenance case then always show that you are jobless.

Please follow the link bellow : -

https://www.lawyersclubindia.com/forum/Interim-maintenance-case-105770.asp#.U8pEaECm9dg

Whether the police has investigated on your FIR? if yes, take certified copy and annex copy of it with your petition U/S 144 CrPC. If not then register an FIR first, take certified copy and file CrPC 144.

Dear Rocky,

It was a general diary in the local police station and it was acknowledged with stamp and diary number. After that, an inquiry officer came and inquired both at friend's house first and Girl's house later. While leaving they said, if required we will call both the parties at police station. After that, police never called back. 

As suggested by you, ll try to get the report submitted by the I/O. and shall get back.