Advocate Santosh Pandey

Questions Answered by Advocate Santosh Pandey (25+ answers)

Q: What is the minimum separation period for divorce in India?

Is there a minimum separation period required before my wife can initiate divorce proceedings? In India, the minimum separation period before divorce depends on whether it's a contested divorce or a mutual consent divorce.

Advocate Santosh Pandey answered
In the case of mutual divorce, a 6-month separation is required. For the second motion, 6 to 18 months are typically needed. However, as per the decision made by the Hon'ble Supreme Court on September 12, 2017, divorce can be granted without the mandatory 18-month separation period. This is not a strict rule but rather a guideline, and it depends on the circumstances, such as if there is no possibility for the couple to live together.

Q: Is it necessary to file evidence by affidavit in trial court

Wife filed "Evidence by way of Affidavit". Examination in chief of wife was conducted by husband's counsel. Now the turn is the reply by husband. Since the O/P had filed evidence by way of affidavit, I feel it is necessary to file reply by way of affidavit. The counsel says, in trial court affidavit- reply is not filed and that it is only done in H/C and S/C. Shall appreciate experts opinion. Thank you

Advocate Santosh Pandey answered
No, You can't file the reply of EVIDENCE BY WAY OF AFFIDAVIT. The counsel is correct in this point of view. When the suit is instituted in the court for hearing, on first day it's for notice. After notice , it comes the time for Written Statement by defendant, then Reply of that written statement

Q: Can wife ask for maintenance of she by her own will left the house

I just want to know if wife left the matrimonial house and children at her own wish 2yrs back , his father also given statement in police that he is taking her daughter in fit and fine condition in future if anything happened he will be responsible. After eight months suddenly wife filed Maintenance case U/S 125 CRPC, 498A & 506. tell me what husband will do in such condition. How he can denied for paying maintenance in court. Husband has submitted his entire income and expenditure detials to judge. Months back I have filed suit for restitution of conjugal right u/s 9 but when she made a statement in women cell that she will committed suicide if anyone force her to live. Only after that on given date for section 9 I withdraw my case and told facts to judge in writing.

Advocate Santosh Pandey answered
No, she is not entitled to maintenance as she has left her matrimonial home with her own will. There is no sign of any cruelty or harrassment by husband and their in laws. Ruling of M.P. H.C. on 2/12/2016 ANIL JAIN Vs. SUMITRA JAIN