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Naresh (In search of job)     16 August 2010

divorce @ cross stage but the opp party wants to stop

 

Dear Ld. members,

In the next date in my divorce case filed by me (the counter in which she also asks for divorce), they have to cross examine me. But, meanwhile in the interim maintenance u/s 24 HMA filed by the wife, the order is to pay Rs. 6000, though I am jobless and going for further studies. I would like to go for revision of the order and i'm within the limitation period to ask for revision @ HC.

They have sent me a notice and said on the non-payment of maintenance and arrears, they are going to file an interim application, to adjourn or dismiss my divorce petition on the next hearing date.

Now my questions are

(1) What will the judge may decide in this matter? Will he ask them to proceed to the cross or will he adjourn or dismiss my divorce case?

(2) What is the good/proper/best way to plead the judge to order them to proceed to the cross examination stage, without wasting the court time as it has already been 4 years since I filed for divorce and it has been delayed too much?

(3) I have not gone to revision, as it the certified copy has provided to me yet, so is this a good reason to ask the judge to direct them to for cross?

(4) Please share member's experiences, how they got around from such problems.

Please guide me what is the best way forward? Please don't ask me to pay the arrears as I can't pay that much amount as I'm jobless but the court didn't take this into notice.

 

-Naresh



Learning

 1 Replies


(Guest)

1. Meet the maint. award so that cross proceeds.


2. Or
go for revision by copying last Order and making a fair typed copy of Order for Revision before Hon'ble HC.


3. Or get your Divorce pet. dismissed due to non payment but the dismissal Order will be validated only if you meet the full maint. arrear uptodate.



Always be on the right side of Law no matter you approach Hon'ble SC on raised issues but be on the right side no circumventing it shows your real agrievement whatever it is.


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