What happen if wife seek reconciliation after taking shridhan property and whole life meintanance in India?

Question

The advocate from husband's side raised the following question :
1. Can any question of reconciliation be raised after she took back all her shridhan properties?

2. Can she asked for reconciliation after her husband paid her whole life maintenance?

Advocate told that she didn't wear good saree and gold ornaments in sister in laws' marriage, red and white bangle, iron bangle according to the Hindu custom. Can allthe things come to consideration for separation or divorce?

Answer 1

I myself being part of legal fraternity but still I will say we advocates are always raising irrelevant questions & issues just to divert the mind of the learned judge sitting as the presiding officer in the court. People who have never visited Indian courts may not be aware of this practice but such act of browbeating by the lawyers is nothing new in the profession. The best course for any one whether belonging to legal fraternity or not is to avoid such irrelevant questions, issues & stick to the fact, & legal provisions of the given case. Let me bring the relevant provisions of the FAMILY COURTS ACT, 1984 with regards to reconciliation between the parties in dispute. Section 9. Duty of Family Court to make efforts for settlement
(1) In every suit or proceeding, endeavor shall be made by the Family Court in the first instance, where it is possible to do so consistent with the nature and circumstances of the case, to assist and persuade the parties in arriving at a settlement in respect of the subject-matter of the suit or proceeding and for this purpose a Family Court may, subject to any rules made by the High Court, follow such procedure as it may deem fit.
2) If, in any suit or proceeding, at any stage, it appears to the Family Court that there is a reasonable possibility of a settlement between the parties, the Family Court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to effect such a settlement.
(3) The power conferred by sub-section (2) shall be in addition to, and not in derogation of, any other power of the Family Court to adjourn the proceedings.
As clearly mentioned that the Family court has additional powers to adjourn the proceedings of any case at any stage & enable the process of reconciliation between the parties. What it means that even if the wife has claimed her stridhan properties & whole life maintenance in any proceedings still the court can proceed for the process of reconcilation, any objection raised by the advocate of the husband on this ground is irrelevant & speaks about his caliber as an Advocate. Talking about the apparels of the wife worn at any particular time is another issue which no sensible advocate will rise as this itself may amount to insulting the modesty of a woman. No court take into consideration all such irrelevant issues while considering the petition with regards to divorce or judicial seperation,what the court consider the evidence brought before it to prove the grounds on the basis of which such divorce of judicial separation is sought along with the circumstances of the whole case between the parties.

Answer 2

A wife can ask for reconciliation at any time up until the time her marriage is dissolved. Stridhana is the wife's absolute property and she can ask for it at any time either before or after dissolution of marriage. If a wife seeks reconciliation with her husband and they subsequently live together the order of maintenance remains in suspended animation and can be revived if at any point in future she agains separates from her husband.

The question of not dressing in the traditional fashion at a wedding by his wife may be used to show mental cruelty to the husband. As there is no precise definition of cruelty any act may be contrued as mental cruelty if a reasonable explanation is given as to how it affected the emotional well being of the person claiming mental cruelty.

Answer 3

Wow! I'm glad I don't live in India! Very informative..