LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ragne (mtu)     27 January 2010

Changing the ground of divorce

Hi

My wife give divorce based on adultery. First hearing i filed petition of conjungtional rights and wanted her back. Seems no success, judges say if she dont want then not and she also said she wants divorce. If i agree in next hearing with divorce based on her application that on grounds of adultery, what punishment can i face? Or do I need to give a cross application for divorce like based on grounds of cruelty? If i agree with divorce grounds of adultery will this case wil be anyway discussed on details in court? After my wife refused to come to me back I decided to start living with the other woman she accused me being cheating. Is this punishable or not? I am separtely living from my wife about 9 monthsd already. As to mention my wife meet the other woman and hit her, a plice and hospital case followod, until police and her beg the other lady who is forigner not to give application, because foreigner case is hard stuff. So finally the other lady not give lawful acation against my wife that she hit her. My wife write a letter witnessed by police that she will not anymore file false complaints on me and this foreign lady, l ike  498 a and etc. Is this paper legally valid, can i use this in court?

As to maintainance - every time i try to contact my wife as to meet children, give them money and food and clothes, my wife plays that all ok, then secretly calls police to me and tells that i tried to kidnapp children and hit her. So also this time  she called me police after i give things to children, take them all to restaurant , she lie police i come and hit her and again we spen night in plice station where i had to prove that i have no harm her in any way.

The maintainance she wants from me is 30 000 rupess in month, this is impossible for me to pay. If i agree on divorce now, will this automatically make me to pay this amoun t of maintainance or this can be discussed separately?

My aim is to get divorce as quick as possible and pay maintainance money to my children about 3000 rupe4es in month what is possible for me. Please advise me how to finsihs this nightmare the most quikest way and save chidlren from figthing. I dont know wha t to say to maintainance court on April, because i am not intereste4d anymore contacting my wife because i  see she call me police and file false claim after i give things to chidlren. How can i maintain them if she makes tjhis impossible.

I do hope that you can help me with some advice as soon as possible. Thanks a lot. 

 



Learning

 2 Replies

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     27 January 2010

you take divorce from her. in your counter claim (yr petition) mention her cruelty. she defame you and your lady  foreign guest. she is simply a guest and no s*xual relation with her. meaintenance will be settled accoding to sce 25 of the hindu marriage act.

meaintenance formula:-

respondent's own income and

other property, if any,

the income and other property of the applicant,

the conduct of the parties and

other circumstances of the case, it may seem to the court to be just,

and any such payment may be secured,

if necessary, by a charge on the immovable property of the respondent.

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register