Legal Question in Family Law in India
IS FACEBOOK PLAYING MAJOR ROLE IN CLAIMING DIVORCE FROM HUSBAND'S SIDE IN ORDER TO PROVE WIFE'S LOOSE CHARACHTER.? HOW CAN A WIFE DEFEND HERSELF IN A COURT AS THERE IS NO PHOTO OR REAL NAME (WIFE)IS DISPLAYING THERE ON FB PROFILE.?
This STEP has been taken by husband to save himself to avoid giving maintenence amount to non-working wife.?
Already 2 case is pending in a trial court submitted by wife since 2008, now husband has filed a divorce case in other court.? is it possible to run 3 case at at atime when previous 2 cases already pending for judicial seperation.?
pleas help me .?
2 Answers from Attorneys
facebook profile cannot be a ground for the denial of maintenance. even if this defense is being pleaded, its not only weak but is unsustainable. instead of husband filing a 3rd case in a separate court, he may file the same in the court where judicial separation is pending.
Facebook is a person's unique identity. A person has every right to create his / her unique identity on websites and she is free to choose whether she wishes to display her photo(s) or not. It in no way means that the person is of loose character.
It is being argued in several district and city civil courts in India that a husband should be liable to pay maintainence money to his estranged wife, only till such time that she does not become financially independent, or till the time she does not remarry, whichever is earlier.
I advocate that if the couple has a child(ren), a reconciliation process is recommended instead of divorce. An extreme step of divorce may be resorted to in cases where the couple do not have a child or sibling through their marriage and they have tried all means, but still remain incompatible with each other.
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