My husband is filing divorce after 23 years
2 years ago
My husband is filing divorce after 23 years . but i am no ready to give. Can he claim on the deposits which we both made in name of daughter who is 21 years old.
A.Dear Sir,
You cannot claim such amount and he cannot get divorce if you resist. It is not so easy for husband to get divorce and it will be prolonged upto three years in the Family Court then another three years in the High Court.
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You cannot claim such amount and he cannot get divorce if you resist. It is not so easy for husband to get divorce and it will be prolonged upto three years in the Family Court then another three years in the High Court.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
When two people are married, they have an obligation to support each other. This does not necessarily end with divorce. Under the Code of Criminal Procedure, 1973, the right of maintenance extends to any person economically dependent on the marriage. This will include, therefore, either spouse, dependent children and even indigent parents. Hence, even if your husband files for a divorce, you can file a suit u/S 125 CPC for maintenance.
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When two people are married, they have an obligation to support each other. This does not necessarily end with divorce. Under the Code of Criminal Procedure, 1973, the right of maintenance extends to any person economically dependent on the marriage. This will include, therefore, either spouse, dependent children and even indigent parents. Hence, even if your husband files for a divorce, you can file a suit u/S 125 CPC for maintenance.
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A.Hi,
There is no upper time limit for filing for Divorce under the Hindu Marriage Act. One can file for Divorce after any number of years but it should be soundly based on one of the grounds mentioned in S.13 of HMA. Secondly, the divorce will be contested before the court ad until the verdict comes out he cannot do any such thing.
If you find my answer helpful then kindly rate me.
There is no upper time limit for filing for Divorce under the Hindu Marriage Act. One can file for Divorce after any number of years but it should be soundly based on one of the grounds mentioned in S.13 of HMA. Secondly, the divorce will be contested before the court ad until the verdict comes out he cannot do any such thing.
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A.When the case is being moved in the court then you oppose it with full force and the court will pass the order in his favour just like that without any cogent reason. Divorce is always granted on some reason and does not happen on frivolous grounds or just because the petitioner wants.
On the question of deposits it depends how the account was opened and who was operating the account. That has to be ascertained at the bank end.
On the question of deposits it depends how the account was opened and who was operating the account. That has to be ascertained at the bank end.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.You will get the opportunity in your Written Statement to oppose that Divorce. You have not specified whether you and your husband are in separation for atleast one year or not because atleast one year separation period is mandatory to file Divorce. The District Judge/ Additional District judge will provide you as well as your husband reasonable opportunity for reconciliation.
Your husband cannot claim the deposits made in the name of the daughter because as a father he has the liability to maintain her daughter till her marriage.
Your husband cannot claim the deposits made in the name of the daughter because as a father he has the liability to maintain her daughter till her marriage.
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