Seniors and Ld. Members please advise following;
Que.: Why in below materials placed before Family Court divorce by way of its decree is being granted to Husband???
Background: Wife filles S. 13 (1) (ia) (ib) HMA and S. 24 HMA + S. 125 CrPC. Husband files S. 26 HMA and S. 12 GWA and S. 25 GWA. Husband mentioned RCR para under w/s prayer. (Sept. 2006)
Husband already filled Evidence Affidavit of S. 26 HMA aaplication. (Jan. 2007)
Husband has also filled Draft Issues u/s 26 HMA for court to decide on its own framing of Issues U/s 26 HMA. (Nov. 2007)
Wife's Divorce petition gets dismissed in default due to non appearance. The dismissed suit was not yer reinstated or the dismissal order not yet set aside. (Jan. 2008)
Meanwhile Husband changes prayer of w/s and files application for Divorce as agreeing to wife's prayer for divorce yet not agreeing to allegations !. (Feb. 2008)
Meanwhile both husband and wife files jointly under affidavit S. 13 (A) HMA with waiver of 6-18 months cooling period. Wife at the time of statement recording asks for time to thinkover! (Mar. 2008)
Wife files for S. 26 CPC for transfer of judge and court. Due to annual roaster change the new jusge and new court the HMA suit automatically gets transfered. Husband files for S. 182 IPC r/w Civil Contempt of Court to her Transfer Petition but when wife's side application gets infructous he attends the new judge / new court's hearing. (May 2008)
S. 24 HMA r/w S. 26 HMA (maint. part) of wife is not yet decided.
My que. is why court is not giving divorce to husband when wife's S. 13 (1) (ia) (ib) is already dismissed long time ago.?
Second que. is can wife's side after 12 months reinstate their dismissed main suit?
Can husband still press for S. 182 IPC and Contempt of Court (civil) one on their S. 26 CPC infractuous application?
Last least expected que. is why court has not given Order on S. 24 HMA which is a summery procedure?
Till date there have been 31 hearings out of which 22 hearings wife and or her side didnot appear.
Husband has already filled IA for dismissal with cost of litigation (discritionerary) application U/S 35 and 35 (a) CPC.
Any discussion from experts here on Law is in the minds of Judges?
PS.: I am pelading in person till date with filing citations from Apex to DHC relevant to case.
Unfortunately I don't have money to defend myself other than for basic living expenses for myself and my 80 yrs old parents otherwise I would have come to any one of you personally to seek guidance, hence, please ignore this que. or donot ask me to come to your chamber for counceling as I can't afford you Sir.
