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Author Topic: maintenance in Judicial separation was duly paid now wife applies for Divorce  (Read 5192 times)

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Offline rupa

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An order of payment of maintenance was passed against the husband under Section 125 of Criminal Procedure Code, since then he is paying the maintenance amount regularly to Wife. The Wife now applies for decree of divorce, kindly advice whether divorce will be granted?

Offline tapsash

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Section 13(2) of Hindu Marriage Act 1955 provides "A wife may also present a petition for the dissolution of her marriage by decree of divorce on the ground (iii) that in a suit under Section 18 of Hindu adoption and Maintenance Act 1956 or in proceeding Under Section 125 of code of Criminal Proceeding under Section 125 of Code of Criminal Procedure 1973 a decree or order trhe case may be has been passed against husband awarding maintenance to the wife notwithstanding th she was living apart and that since the passing of such decree or order, cohabitation between the parties' as not been resumed for one year of upwards.

Sub Section (2) to Section 13 of the Act provide additional grounds to wife for decree of divorce clause (iii) of Sub Section (2) to Section 13 as stated above was added vide Marriage Law (amendment) Act1976, providing that if period of one year or more has elapsed after passing of decree awarding maintenance to wife under Section 18 of Hindu Adoption & Maintenance Act or Order Under Section 125 of the Crpc. and there has not been any reconciliation between the parties during that period, then wife is entitled to decree of divorce by showing that cohabitation has not been resumed for one year or upwards after the passing order or decree of maintenance.
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Thanks, it will be very useful for me too. ;)

Offline aaronrollen

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Today everyone thinking taking divorce is very small issue and it has becoming very common thing for everyone. For small reasons also they used to applying the divorce, for that lawyers are very helpful to separate and make them happy.


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