Legal Question in Family Law in India
my husbadn had obtained a decree of conugal rigts against me which is now 1 year old and i did not join him after court order. Meanwhile at my native place in another state I had filed case for divorce in sec 13 with other DV, 498, sec 24, 125 etc within that year... now after 1 year can my husband ask for divorce at his place - court where he obtained the decree /order of conjugal rights ?
>>> My sister recently asked above qs & received 2 responses which are not clear. Yes, both want divorce. But we want money from her husband who does not want to pay as she stayed with him for very very short time after marriage and he still wanted to keep her. My sister is not willing to stay for reasons of her own !! There is no child from this marrig. So can her husband file case for divorce keeping in view he has the decree with him which my sister did not follow court order but my sister already filed case of divorce under sec 13 here.
1 Answer from Attorneys
Your sister is entitled to pursue her case and also claim compensation under DVA and 24/125. In my opinion, in view of Section 24 case, the 125 case should be withdrawn. However, DVA application may be continued.