Divorce
3 years ago
We married in 2013. From march 2020, my wife alongwith 2 kids is staying separately from me without valid grounds. I have sent notice under section 9 for restitution of Conjugal Rights in July 2020. Reply from wife is awaited. There are strong chances of wife not coming back by citing invalid and insufficient reasons. Therefore, after her reply or no reply from her after 15 days after receipt of notice, (1) can I file divorce petition as per Hindu marriage act in family court on the ground of cruelty such as she has put restrictions on coitus relationship from last 1 year etc.
(2) can I claim maintenance from her in divorce petition as I have been removed from service in last year and my case is sub judice before central administrative tribunal and it's decision is awaited and wife is in cotntract basis as doctor in govt hospital
(3) for cruelty ground , is there condition regarding staying separately for 1 year from wife etc as per Hindu marriage act
YES, husband can claim maintenance from his wife but the decision is to be made by the court whether to accept his claim or forfeit it. The following two are the clauses in the Hindu Marriage Law that concern with the alimony.
• Maintenance pendente lite and expenses of proceedings: Where in any proceeding under this Act it appears to the Court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay the petitioner the expenses of the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the Court to be reasonable.
• Permanent alimony and maintenance:
o (1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purposes by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property of the applicant, the conduct of the parties and other circumstances of the case, it may seem to the Court to be just, and any such payment may be secured, if necessary, by a charge on the immoveable property of the respondent.
o (2) If the Court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.
o (3) If the Court is satisfied that the party in whose favour an order has been made under this Section has re-married or, if such party is the wife, that she has not remained chaste or if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just.
• Section 24 of Hindu Marriage Act, 1955 providing for maintenance pendente lite and expenses of proceedings states that where it appears to the Court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner’s own income and the income of the respondent.
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Rameshwar Dadhe
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