Legal Question in Family Law in India

I have filed for divorce in 2008. The lower court granted Restitution of conjugal rights in favor of my wife on 5th July 2010. I filed an appeal in High Court against that order in November 2010 asking for stay on that order. The stay is not granted.

So my question is can I file for divorce under section 13-1A (ii) on the ground that 1 year is lapsed after passing the restitution of conjugal rights, as the stay is not granted in high court for setting aside the lower court's order for restitution.

They have tried forcefully to drop her at my home in october 2010. We did not allowed that and went to police station on that. My lawyer said that in case she wants to come she can do so by getting an EP from high court, which she did not do till now.

After that there were some mediation done for compromise( settlement by paying amount ) which failed. Later she filed for Maintenence in jan 2013. I have a daughter aged 7 years now. she is asking for Maintenece for both. Recently, I came to know that she is working as a teacher in the school where my daughter is studying.

Please suggest whether I can proceed with filing the new case for divorce ? will there be any difference in case of maintanence and permanent alimony as she is working in a school as teacher . The school is a private school?


Asked on 3/24/14, 11:12 pm

2 Answers from Attorneys

You can file a petition for divorce as it as it is an independent right.

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Answered on 3/25/14, 1:30 am
veerabahu kannan

Order in the petition for restitution of conjugal right by your wife is not a bar for filing a petition for divorce by you. e since she is able to maintain herself. .She is not entitled to get maintenancBut the child is entitled for maintenance...............

Nellai v kannan 9443154058 [email protected]

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Answered on 3/25/14, 7:28 am


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