Can i apply for divorce
mohan.D
(Querist) 30 April 2014
This query is : Resolved
Dear sir
My self mohan i got married on june 2010 after the 2 months of marriage i came to know it was forceable my wife married me due thier parents force we are both from bhadravathi shimoga karanataka i was working in bangalore has a application engg in skf both are double degree holder i am m.tec my wife m.sc after marriage my wife came to bangalore after 3 months i was come to my native during week ends and holidays she came banglore septmber 2010 at that time she was 2 months perganent she stayed me for few days and she went her parents house and again she came back on november 2010 and she left the house without informing me on 1st decmber 2010 and i lodge a missing compliant in batrayanapura police station bangalore after 3 days police track here mobile and she was in here friends house police called here bother and mother and told let here come and live with him anyhow marriage happend and i went to here brother house in bangalore and called my wife she never camed and we did 2to3 counselling and made agrement on jan14 2011 that here onwards for any problem both husband and wife are responsible neither my or his parents are not responsible after that also she never camed i give compliant to women rights commision in bangalore they called here and
told go with your husband then also she never camed after that my father got mild heart attack on april 5th 2011 due this mental tension and worries my son life has become misarebel and my son was born 24th april 2011 and here parents also never infromed my family after the child birth and we also never went to see the baby and i gave a legal notice from bangalore on 30-01-2012 that she should come and stay with me she gave a reply notice on 25-02-2012 that she will come afterwards also she never camed and i filed a case in family court bangalore under hindu marriage act 1955 section 9 on 27-4-2012 after receving the court notice she filed false fir on family members in my native police station under dowry prohibition act 1961 on 22-05-2012 they have put ipc section 506,34,498a,504,323 after investigation by police they came to know it was false compliant and they close the case the police called my wife and here
parents and told send your daugther with his husband she camed on septmber 2012 and stayed for one month and she went back to here parents house and joined the job before she was working and she never attained the court in bangalore and court pass the ex-part order on 20-10-2012 with no cost that my wife has to come and join me within 6 month for that date i gave lawyer notice on 23-1-2013 she recevied the notice also and never came and my father dieded on 14-03-2013 due this tension and mental worries my son life has become like this he got heart attack he was 69 years old she came and see my father dieded body and went back and she never came back still also after my father dieath she again filed
a false compliant on me on 21-09-2013 under
section 341,504,323,324,506 and she went gov hospital and got admited i was not in my native i was in bangalore at that time i told to police i was in bangalore she has given the false compliant on me due to my father property after that she filed a maintance case under section 125 on 7-10-2013 and court order intermediate maintance
of 4000 rs 2000 for my son and 2000 for my wife without my notice i payed for 2000 for
my son for 2 months i produced a salary slip and appiontment letter of my wife to court and i never paid here from jan 2014 i am not paying any mainteance to court i asked for mediation she canceled mediation and told to judge she want husband money not husband i also told to judge she is not
living with me since dec2010 and i got ex-part order also and i left job after my father death to take care of my mother has she is a heart patience i dont have job i cannot pay maintence if my wife comes i will look after here she refused to come and she filed protection from domestic violence act 19&23 and brought stay order on my mother house that she was staying thier court pass the stay order without our notice and she filed another case on 3-10-2013 that my son want share in his garnd father property and make him a part my son age is 3 years and this my father self acuired property we dont angsister property
Dear experts my query are
1.can i apply for divorce
2.i dont want to pay any maintance and single rupee to my wife and son has i am jobless.
3.will judge will send me to jail has i am
not paying maintence after the court order also.
4.how to cancel the domestic voilence stay order.
5. will she become a party has my son is minor 3year ? how to cancel that.
6.where i want apply divorce in my native are bangalore?
7. i want to put a case on here what case i can put?
8.please help me what act and section no i have to file.
Dear experts please help me i dont know what to do i am also in tension i am 33 years old i got high bp also my mother is heart patience here lawyers are not giving any solution please help me experts please if any infromation need please let me know.
Warm Regards
mohan.D
T. Kalaiselvan, Advocate
(Expert) 01 May 2014
1.can i apply for divorce? Yes you can
2.i dont want to pay any maintance and single rupee to my wife and son has i am jobless? This you can contest in the court based on your situation and evidence.
3.will judge will send me to jail has i am
not paying maintence after the court order also? If she seeks for payment through a petition u/s 125 and in case of your failure then fora period of maximum one year imprisonment or until payment of arrears.
4.how to cancel the domestic voilence stay order? Who has got stay order?
5. will she become a party has my son is minor 3year ? how to cancel that? Question not understood.
6.where i want apply divorce in my native are bangalore? If you are presently residing in Bangalore, you can apply at Bangalore itself.
7. i want to put a case on here what case i can put? What are the grounds?
8.please help me what act and section no i have to file? About what?
mohan.D
(Querist) 01 May 2014
Dear sir
Thanks for your valuable reply.
3.will judge will send me to jail has i am
not paying maintence after the court order also? If she seeks for payment through a petition u/s 125 and in case of your failure then fora period of maximum one year imprisonment or until payment of arrears.
Dear sir
I have produced here salary slip and appoinment letter yes she is seeks maintance u/s 125 she is getting 9000 rs per month and she is staying in here parent house she is not staying with we science dec2010.
4.how to cancel the domestic voilence stay order? Who has got stay order?
my wife has got stay order on my mother self acquired property.
5. will she become a party has my son is minor 3year ? how to cancel that? Question not understood.
My brother is put partetion suit in that case she has made intermediate enterance that my son is minor behalf on my son make here a part in partetion suit.
6.where i want apply divorce in my native are bangalore? If you are presently residing in Bangalore, you can apply at Bangalore itself.
sir i am staying both place 15 days in bangalore and 15 days in native.
7. i want to put a case on here what case i can put? What are the grounds?
Because of here cruelty my father deided and here father comes near our rented house and tell this property belongs to my daughter and i have complian to police and court also no action sir
8.please help me what act and section no i have to file? About what?
about
divorce
how to vact a stay order on my mother property my mother self acquired property
i dont want go to jail without paying
mainteance.what i have to do?
will my wife become a party in partation suit that my borther has put a case on my mother after my father death
Warm regards
mohan
9880962229
Dr J C Vashista
(Expert) 01 May 2014
1. Be precise in your query.
2. It is a social forum for the welfare of public,
3. Brief answer to your queries is as under:
1.You can very well apply for divorce
2.It is not your will and wish that the law shall allow. You will have to pay the awarded amount of maintenance through your nose even if you are jobless.
3.Of course the judge may send you to jail for not paying maintence after the court order also.
4.In order to cancel the domestic voilence stay order apply to High Court.
5. Nothing more, you should have engaged a local lawyer, if not yet contacted, get it as early as you can, in your own interest.
ajay sethi
(Expert) 01 May 2014
agree with experts
malipeddi jaggarao
(Expert) 01 May 2014
Certain evidence is in your favour. You should contact a local lawyer with all the papers and take his advice. This forum can give you direction only.
