• Regarding divorce

My friend filed for divorce in district court on mental harrasment. the case ran for 4 years.the judge gave judgment that there are insufficient evidance to grant divorce hence he dismiss the petition. In the same divorce case his wife filed for interim maintainance and he paid her 15000 per month till end of the case. Before 2 months his wife filed for MC under CRPC125. My friend want to challenge that in HIGH COURT. Is there any chance that he will get divorce. 

few points: 1)he married and have 2 kids . he and his wife stayed together for only 3 years. 
2)he and his wife are not staying together from past 7 years.
3)his wife is highly educated mtech and worked in software industry for 6 years and now she is not working in software and working as teacher.
4)she too not interested to stay together she only pretending in the court she is ready for family her intention is to get 1crore from this guy though this guy dont have that much. She is thinking if he may not give now but without divorce he cant remarry so even if he die also whatever he have will come to me and my kids with only this in her mind she is playing.

Please advice my friend and save his life.
Asked 6 years ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

15 Answers

He can file for divorce on the basis of not living together for more than 7 years. And he can show her qualification and earning evidences to high court and challenge the maintenance case.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

Hello,

Your friend should have filed divorce on the ground of dissertion. Challenge the order of the family court in the HC.

Please tell me as to what do you mean that she has filed MC under 125.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

It is necessary to peruse order passé d by family court to advice

2) refuse to bow down to unreasonable demands of wife

3) no need to pay her Rs 1 crore

4) you can file appeal in HC against dismissal of divorce petition

5) you can execute will bequeathing property to whom soever you please

Ajay Sethi
Advocate, Mumbai
96829 Answers
7811 Consultations

Under Hindu Marriage Act, separation is a ground for divorce provided that both the husband and wife are living separately for a period of not less than two years at the time of filing the divorce petition.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

1) You should have apply for divorce on cruelty ground and he can challenge in the HIGH Court that he is unable to pay monthly maintenance of Rs.15,000/- as his income is not that much.

2) On what ground court has granted 15K per month maintenance to her ?

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

She has taken a correct decision to challenge the verdict given by the Dist. Court in the High Court.

Advise your friend to file a first appeal in the High Court.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

He can move to the High Court against the Lower court order for dismissal of the divorce petition you can also challenge the maintenance given by him to his wife under section 127 CRPC.

Even his wife is highly educated and capable of working and if she is not working it is his responsibility to maintain her during the course of divorce proceeding along with the children for their education and upbringing if they are living with the wife.

He can claim custody of the children as for the children are over 5 years of age and need that to stay with my mother but both of the children should make a statement in the court that they want to live with the father

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

The appeal from the order has to be filed challenging the order of the court. If they are not living together from last 7 years then it is most likely that high court will grant divorce .

Further the maintenance order can also be challenged if the divorce.is not granted and further the wife is earning though maintenance to kids has to be given.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

Dear client.. if she harresed him mentally..and made his life hell.. and also his divorce petition got dismissed in district court...he can challenge in High court.

1) Any how they are staying separately since 7 years..and ..not having any interest in married life with her husband..

2)she is well educated and can maintain her self..

3) if she deserted her matrimonial home by herself with out any solid reasons from husband's side ...and tortured him ..

4) she is staying separat since 7 years.. if she involved with some one else.. then No court will

Entitle her with any kind of maintenance or alimony...

5) But for kids Ur friend need to give maintenance and may be all responsibility.. as father..

Kavery Anand Pandharpurkar
Advocate, Bangalore
336 Answers
12 Consultations

1. It is not possible to state whether your friend will be able to get divorce from the High court while challenging the dismissal order passed by the Court lower in connection with her divorce suit filed therein, without seeing the papers and evidence submitted in her divorce suit.

2. The lower court found that the evidence submitted by her seeking the decree of divorce are insufficient.

3. She will have no further scope to submit fresh evidence.

4. Her lawyer shall have to now argue on law point to convince the High court that the evidence filed before the lower court are adequate for granting the decree of divorce as per law.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

Limitation to filing divorce appeal is 90 days your friend had to appeal to high court within this duration from date of dismissal of petition. Secondly his wife can file for maintenance under section 125 Crpc and he's bound to give maintenance to her and kid at least interim maintenance. Unless the petition and evidence is perused it's difficult to tell that whether in appeal he will get divorce or not but you need to appeal within statutory period.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

Your friend can file an appeal in the High Court against the impugned order of the family court dismissing the divorce petition as valid grounds for divorce are made out as per the facts mentioned by you in your query i. e. Desertion for a period of 7 years.

Siddharth Jain
Advocate, New Delhi
6374 Answers
102 Consultations

Hi,

The appeal can be filed in High court and CRPC 125 petition may be challenged in the same court where it is pending.

Ganesh Singh
Advocate, New Delhi
6760 Answers
16 Consultations

My friend want to challenge that in HIGH COURT. Is there any chance that he will get divorce.

He can very well prefer an appeal, he has got rights to do that.

However without knowing the facts of the case and the without reading the judgment copy, it will be hard to render any opinion regarding appeal.

If he had filed the divorce on the grounds of cruelty which was dismissed, he may file a divorce case now on the grounds of desertion at this stage since they both are living separately for 7 years.

T Kalaiselvan
Advocate, Vellore
87029 Answers
2337 Consultations

Whether your friend's case is likely to succeed in the High Court or not cannot be ascertained from these bare facts. Staying separate is not material as irretrievable breakdown of marriage is not a ground recognised under Hindu Marriage Act. what is important is whether cruelty has been proved or not. To bring her to the table, you need some strong proof/ evidences or even orders against her to convince her to settle. Contest the 125 properly. Try to see that no maintenance is granted. That may bring her to the table.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer