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Rajiv Sharma (NA)     24 December 2014

Alimony claimed after ex-prate divorce

Hi,

I have got Ex-parte Divorce and married.

My wife also got married ( but I don't have her proof of her 2nd marriage)

Now wife has filed 498a, DV complaint 2nd time in Delhi

Earlier 2 yrs ago, she had filed and later withdrawaled her complaint in Gurgaon for same allegations.

My plea to quash her complian has been dismissed by Delhi High Court on the grounds of continious offence and till now no FIR has been registered. (As a Matter of fact that we never stayed in Delhi and none of  the alleged cruelity happened in delhi Ref Section 177 (https://www.fastlegalsolutions.com/bareacts.php?index=discripttion&bare_id=2640)

Indirectly ( through some mediator) asking/blackmailing for Huge amount for Alimony, which is not feasible at my end. She is already earning 35K as School Teacher job and approx 15K from Home Tuitions.

I had a booked an under construction Flat in Joint name of Her in the allotment letter as well as in home loan.

Earlier before my Ex-Parte divorce, I had offered her to take complete ownership of an under-construction, on loan, Flat worth Rs55Lacs, but she denied. Neither agreed to sell it or cancel it.

Due depress and decreasing performance on my job, I lost my job and couldn't meet the EMIs and further demands from Builder and finally it was forfeited by builder due to non-payment of Demands.

She had taken way some gold ornanemts worth Rs 5L which now police is calling "Stree-Dhan"

I am now running home on home tuitions.

Kindly Suggest.



Learning

 1 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     25 December 2014

Dear, You better file an application before the concerned court mentioning the complete truth and place Gurgaon court orders before this court ... They will help u get her case dismissed .... She is just digging a hoke for her and will fall herself, contest ur case properly .... Kapil Chandna Adv . 9899011450

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