Divorce- Applied Fresh Case
Querist :
Anonymous
(Querist) 17 June 2010
This query is : Resolved
(Did'nt get message for delivery...hence resubmitted)
I was an NRI and had filed a divorce case filed at subcourt of Tamil Nadu in 2002(got married in 2000). The case came for hearings in 2003 and have given my verdict that the Girl is unfit physically and mentally and threatened to commit suicide if compelled for intercourse. The subjudge listened and gave me time until next vacation i.e, after 6 months to appear back in court. Unfortunately i was not able to appear, hence the case was dismissed.
In 2004 applied for resoring, but my own legal adivsor who was fond of money, ruined by not informing the case hearing date hence that too was dismissed.
Have paid IA for case applied by my wife for 6months in 2004.
Now have applied HMOP case in 2007,without mentioning about old case of 2002. Now the reason menitoned here is cruelty and seperation.My wife applied for interim maintenance(no child) and court ordered to pay Rs.5,000 per month from 2008 to till date & continue until HMOP completes. And to torture she had applied for Maitnance case in JM Court and filed a criminal case against me and my parents by making false allegation that i told her before marriage iam a Chartered Accountant to get money(Have requested many times to come for out of court settlement, never agreed-as her father is a diamond merchant, they are buying each and everyone from clerk to top people) . For attending CC have resigned my abroad job and sitting idle at home since 2008! As my father in law know, they can't remarry her daughter, hence trying to ruin my life!
After all above My wife claim that as per limitation act section 5, should not allow my HMOP petition which is filed in 2007 for concealment and delayed in applying(IX rule 8 of code of Civil Procedure) , How to succeed/take further my case? Is their any citation avaiable, please recommend. Appreciate your valuable advice.
After all these, my father in law had challenged that will not allow me to get divorce till I reach the age of 80!
Have experienced a lot in court for past 3years without job by attending all hearings where had come across:
-Boycott by advocates
-Summer Vaction
-opponent advocate need to come from another location,hence for there convenience time was given/ extended usually 1/2 months
-Did'nt allow POA when i was abroad and out of my 10 request to give on my convenient dates to come from abroad(where i spent lakhs for air ticket and lost major savings in it), got only two times to visit as such. The rest of dates, was compelled to take permission from my ex-employer.
-Whether a man is working or has the capacity to maintain himself not an important issue but when he has applied for divorce, must pay interim maintanance by all means!
Being born as a Man and especially in caste of HINDU is a sin. Iam already 35-don't know how long to wait for divorce, sometimes i feel should take some other step....
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 June 2010
First of all you are blaming advocates on this advocates site and hence do not deserve any sympathy.
Unbiased Advice
(Expert) 17 June 2010
With due respect to Mr.Shashi kumar,Sir, Their are two sides to a coin lets not blindly defend our own fraternity and stop advising the needy on this Forum.
My Grand Father used to say their two dirty places on Earth 1.Places of Worship and 2.Courts, the reasons he gave was at these places 95% people(which include me) pretend to be Good which they are not.
So, Lets accept the criticism in the same manner we accept respect.
Querist :
Anonymous
(Querist) 17 June 2010
Dear Mr.Deva thanks for your interest shown, have papers partly in english and parrly in regional language(Tamil). Will sort the english doc in elect. format .
Dear Mr.Shashi,good that you have told not to show any sympathy-"something kept in mind has to blast one day".Before death people are given chances to tell their last wish , i feel i too took the same instrument after frustration upon a single prof.,-Do apologise for my quote. Would appreciate if prof. understand that the people who come for aid to court for civil cases are really pitiable! Like our fingers all prof. are not of the same cater.
Thanks for your comment-Mr.Unbaised
