Legal Question in Family Law in India

(1) I filed divorce petition against my wife u/s 13(I)(ia)of HMA�1956 in Honb�le District Court, after that, she filed a petition U/s 24 as (Pendente Lite the cost of litigation expenses & maintenance. In her final written evidence she mentioned that she will not divorce me & contested the case. And she wants to stay separately ie her parents house & she requires Rs.50,000/- only as cost of litigation & also a sum of Rs.15,000/- pm as maintenance pendent lite U/S 24. I am a heart patient & suffering many other serve disease, on the other hand, my mother is also a regular patient of bone disease. Due to her backbone band she cannot move. I was a daily wager & earning Rs.3,000/-pm due to mental trouble & long aliment I have lost my Pvt. Job also. Now I am unemployed. In my written objection I have mentioned all the problems & submitted all the medical prescription & report to the Hon�ble Dist.Court(FTC). After observing all the reports by court, Magistrate ordered to give Rs.5,000/- pm to Opp. Party. Then my lawyer says to me for leave the divorce case because wife is not ready for divorce & if I want to continue the DV case then the maintenance charge Rs.5,000/- pm have to pay which is ordered by Magistrate. Now the DV case is withdrawn its dismissed.

(2) She also filed another petition against me, U/S 125(SDJM). In her petition she requires Rs.15,000 per month for her maintenance. The case is still running. The next hearing is scheduled on 18.06.2014. In this situation, what will I do? But I want to divorce her & she wants only money. Our economic condition is too bad. Both cases are running since 9 months in lower court. Pls. suggest me.

I want to stop payment if order so.....


Asked on 6/05/14, 12:59 am

1 Answer from Attorneys
Randeep Singh

tell the court your true story, it can;t pass any order without hearing you, she will have to prove that you can pay this much money to her, you must not be having any money in bank account, don't possess any immovable property, give all the medical certificates of yours and mother, prove your liabilities in the court through competent lawyer, for further assistance contact at

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Answered on 6/08/14, 3:25 am


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