Legal Question in Family Law in India
I filed divorce petition against my wife on the ground of �physical cruelty, mental cruelty & deserting of husband�after that she filed case against me U/s 24 as (Pendente Lite the cost of litigation expenses & maintenance charge) and U/S 125(maintenance charge). But in her final written statement she finally mentioned that she will not divorce me, she wants to stay separately ie her parents house & requires maintenance and wants contested the case. In this regard, my lawyer says to me for withdrawal of the divorce case, because my wife is not wanting divorce me. Lawyer says to me if I withdraw the divorce case then Pendente Lite the cost of litigation expenses & maintenance charge u/s 24 will be stop. He wants to say without my wife�s signature I will not get divorce until she wants. But I want divorce her, bcoz it is not possible to live together. On the other hand, the maintenance charge u/s 125 is under process in court. Now, I want to know if I withdraw the divorce case then what type of problem myself have to face? Can my wife file 498A? or what type of other cases can she file? We have been living separately since 25.08.2012. Please let me know in details. Please help. The next hearing is fixed on 03.05.2014.
1 Answer from Attorneys
Sir, as far a 125 and section 24 are concerned i would like to state that 125 is when your wife is unable to maintain herself the court will grant maintenance per month to be paid, further as far as section 24 of hindu marriage act is concerned it is the maintenance that will be required to be paid if court orders during the pend ency of the case. Further if maintenance is paid in one case that amount will be considered in another case and appropriate orders will be passed. Further as far as divorce case is concerned you will get divorce without your wife's consent or signature only if you prove the grounds on which you are claiming divorce, hence if you can prove that there is Physical cruelty, mental cruelty or there is desertion for more then two years you will get divorce. Further the other alternative is to go for mutual consent divorce and by paying lumpsum you can settle the mattter and get divorce with your wife's consent.
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