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Judicial Separation And Maintenance matter
02-May-2023 (In Family Law)
Sir, i was married in the year 2014 (Hindu Marriage Act) and my wife went to her native for delivery in the year 2015. After delivery of my kid she demanded that i leave my parents and go with her which i rejected as i was the only child and my parents are dependent on me as we are a lower middle class family. She came along with her parents and some goondas one day and demanded fr her jewellery which i told that i cannot give without proper proof. She filed a police compliant on me and i returned all her Jeweler through the High Court of Madras via mediation and also have a acknowledgement from the court that all jewels have been returned and no criminal cases will be filed. I had already filed for restitution of Conjugal Rights and in 2016 she agreed in the court that she is willing to unite with me and the same was signed in front of the Judge also. Now she escaped from Chennai and has filed for Judicial separation/Maintenance from Madurai court. She is eraning 43000 Rs per month.
Have you applied for the order/judgment passed in the Court? You can produce the Order and file a counter in the Court at Madurai. Do you want to live with your wife or do you want to give divorce? If she is not interested in living with you then she will be giving you trouble again and again. Kindly contact me for a detailed discussion, so that I can give you a clear advice and further guidance.
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Adv. Suchit Palande
Chennai | 200+ Answers
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You have to contest the case in Madurai court. You could also file transfer the petition from Madurai to chennai. But the chances of success is slim. If you want her to come to chennai for mediation you could try by filing some petition like custody of your child and during that hearing try to settle the matter.
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Adv. Vasavi Sridevi Sivanandam
Chennai | 200+ Answers
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Sir first and foremost if your wife is employed and you can prove her employment then her petition for maintenance will be dismissed. We need to know what happened to the restitution of conjugal rights case. The petition for judicial separation can be dismissed if you file the orders passed by the judge in 2016 as you told
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Adv. P. Vijay Akilan
Trichy | 25+ Answers
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HELLO,
FROM YOUR BRIEF IN THE COURT SHE HAS CONSENTED FOR RE-UNION. Even if no decree and judgement is passed , the the docket order or the fare order is as good as decree. you can obtain the same from the jurisdictional court. you CAN VERY WELL CHALLENGE THE Judicial separation / maintenance. There is valid ground for you to contest successfully in the appropriate court. Call me for assistance.
FROM YOUR BRIEF IN THE COURT SHE HAS CONSENTED FOR RE-UNION. Even if no decree and judgement is passed , the the docket order or the fare order is as good as decree. you can obtain the same from the jurisdictional court. you CAN VERY WELL CHALLENGE THE Judicial separation / maintenance. There is valid ground for you to contest successfully in the appropriate court. Call me for assistance.
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Adv. R. Sundaramurthi
Chennai | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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