1) wife should refuse to sign such consent application
2) husband has no rights on wife stridhan
3) wife can seek interim maintenance if she is unable to maintain herself
4) no case of urgency is made out for expediting divorce application
Directives of Mumbai High Court in Divorce and CRPC 125
Sirs Wife filed application under CRPC 125 in March 2019 In June 2019 Wife filed an application for interim order. In October 2019 ‘NO SAY Order’ was passed on the interim application. In November 2019 the Husband filed VP and application seeking time to file SAY But in January 2020 and Feb 2020 the Husband did not file any SAY And since March 2020 Lockdown started and till then nothing happened In July 2019, Wife registered FIR in Police Station u/s 498A of IPC against Husband and his Mother, Father and two Sisters and in Laws. Police after making inquiry, filed complaint in the JMFC in December 2019. In July 2020 Wife filed divorce case u/s.13 (1) (ia) and (ib) against Husband 1st date was in October 2020 But Husband remained absent in October 2020 whereas summons and Papers were served to Husband in September 2020 Next date is in January 2021 WIFE GOT GOOD OPPORTUNITY TO REMAIN AND START HER NEW LIFE Therefore, wife tried for mutual divorce. Husband agreed to pay all Stridhan plus Rs.5 Lacs to wife, to which wife agreed But yesterday Husband refused to give even a single paisa and also refused to give stridhan and he sent following format of conversion application as Mutual Divorce :- By this consent application wife have already waived her all rights in the properties of Husband and his Father and further that Husband will continue to keep all stridhan of wife and that wife agreed to withdraw all cases before final hearing of the present amended application which is u/s. 13(b) of HMA Question 1 Whether it is advisable for wife to sign such consent application and whether such wordings in the consent application will not prejudice her rights in any way and in any manner Question 2 The matter is related to Poona therefore please guide whether there is any such directives of Bombay High Court by which the wife can get immediately interim maintenance in the pending case under sec 125 of CRPC on urgent basis during period of Covid -19 Question 3 Whether there is any directives of High Court by which the wife can expedite one side divorce application (instead of mutual divorce) during period of Covid -19 Please guide Thanks in advance in real terms HARIOM
Asked 3 years ago in Family Law
Religion: Hindu
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4 Answers
1. It is certainly a prejudice to the wife. The consent application in the format asked by the husband from her is nothing but an act of injustice done to the wife.
The wife should not sign any such application or memo or letter and may even prefer to continue with the pending cases against her husband in order to put pressure on him to return at least her stridhan articles.
2. There is no necessity for any dirction by high court for grant of interim maintenance in the maintenance case.
The court will take up the interim maintenance case immediately and dispose the same before commencing trial in the main petition .
This is position f law, hence the lawyer of the wife can insist court to pass an order in the interim maintenance application even if the husband side do not file a counter to the application seeking interim maintenance.
3. In the contested divorce, the wife side lawyer can argue before the court that the husband side was given sufficient chances to file his written statement/counter to her petition seeking divorce hence the court may pass an exparte order against the husband for not filing the written statement/counter.
As the courts have opened for regular hearing, the family court judge may pay heed to the request made keeping in view of the long pending issue due to non filing of the 'say' by the husband side.
1. Ask her to agree. By agreement legal rights of wife to claim maintenance doesn't get waived unless she remarried whereas her right to claim stridhan continues in all circumstances.
2. No
3. No
1. wife should not sign such consent application , as this can be produced before the court by the husband , if wife will approach the court for claiming her right.
2. Wife can move an application before the court for the argument on the application for interim maintenance before the court . However due to covid-19 only matter is listed for video conferencing on urgent matter.
3. Wife can file a contested divorce petition before the court , and due to non appearance of husband wife will get ex-parte /one sided decree from the court.
