Legal Question in Family Law in India

Sir,

I have filed for restitution of conjugal rights and in turn my wife has applied for divorce and same cases are clubbed to gather for the same hearing

Please suggest me whether to be very strong about my restitution of conjugal rights or to give divorce ..

also please suggest me should i need to pay maintenance to my wife even though i have filed to live ...

Please guide me


Asked on 4/02/12, 6:56 am

3 Answers from Attorneys

Vishwa Arya Arya & Co.

sir:

It is purely a personal decision whether to seek restitution and live with your wife or to accept divorce. Though, nothing like saving marriage but wife has filed divorce for strong reasons of absolute no harmony, then that decision you alone must make.

Be as that it may, in my opinion, the two cause of action cannot be clubbed together under Hindu Marriage Act.

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Answered on 4/02/12, 9:32 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

It has to be decided by you whether you want to go for Divorce or not. Without knowing full facts and details of your case it is not possible to say whether you will have to pay maintenance.

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Answered on 4/02/12, 9:28 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

these questions cannot be answered and a lawyer has to go through the petition for RCR and divorce as well to give an opinion regarding the strength of the case and possibility of maintenance.

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Answered on 4/04/12, 12:34 am


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