Divorce/Domastic Voilece Act
Pawan Patil
(Querist) 07 November 2009
This query is : Resolved
My name Vilas Choudhari, Pune
Sir,
I have made petition for divorce on cruelty ground in Pune Court
I want know what tyes of evidence I have
to produce for getting diverce
I am telling my scenario
My marriage was made on 1st Dec 2001 at Akola (vidharbh) as per Hindu Marriage Act. After Marriage some days her behavior was good. Latter that she told me Akola is so small city we should shift Dombivali. I neglected her statement & staying at Akola.
I got one issue Atharva on 31st March 2003. She always tries to stay at her mother house. Her behavior was changed when she come back from delivery & always trying to quarrel between my mom, father. She always trying to cry my son Athrava & disturb all home.
She informed me that she was pregnant & she had to make abortion. Her uncle is doctor in pune. She suggested that she would go to pune & make abortion & demand money for it. My father had given money of Rs. 10k . The said drama was made by her two times.
My mother’s money was also theft by her of Rs. 5 K however my mother had not made any compliant against her. She thought that unnecessary quarrel would be rise.
She had to make a diploma course Dot Net of NIIT. The said course was not at Akola . She has to do diploma at Dombivali. We had paid of Rs. 15 K for make diploma. She completed diploma course.
Latter on I have made numbers of times call her to back at home. But she didn’t come at home. She demanded that you came at Domblivali. However I couldn’t do that. My job was at Akola & I have my own house why I was settle at Dombivali ?
I had sent two letters to her for come back home at Akola. But no reply from her end.
My maternal uncle was mediator & settle that issue he suggested that you could settle in pune. I agreed with him & trying to looking job in pune. I got job & take flat on rental basis . I had deposited of Rs. 10k & make confirmation of School Admission. We were staying in Pune & my father & mother stay in Akola . After 2 months she asked my mother brought silver pots from Akola for ‘ Haldikunku festival’. My mother agreed with her that bought it. It’s worth around 25k .
After one month there was some dispute between me & her. I told her that we should go to Akola. Pune is very expensive city we have own house at Akola & we had already settled there. Next day she left my home without intimation to me & carried out all silver pots, steel pots, mixer & hard cash 10 K . I was shocked that I was trying to contact her but cell phone was off.
I made petition against her at Lokalyan Nayalya at Akola. But she didn’t come there.
Latter on I made petition against her at Pune Court on 2nd May 2008 . In my petition demands divorce on cruelty basis
What types of evidence I have to produce for above matter?
She also made petition at Dombivali Court for maintenance (Podgi) & demand
Maintenance for Rs. 12K per month
Presently I lost my job I have no income . My previous job income was 11k per month.
Can I give maintenance to her & If yes then how much ?
She also made petition at Pimpari Court under domestic violence Act for demand maintenance ?
Can I give two time maintenance to her & If yes then how much ?
Help me, Thanks in advance
Regards, Choudhari
adv. rajeev ( rajoo )
(Expert) 07 November 2009
the facts told by you are not the grounds for divorce.
My advise is that convince ur wife and try for the resovle the problems.
You hv got one issue who will be care taker of this. such things will be looked by the court.
Divorce is only the solution.
Pawan Patil
(Querist) 07 November 2009
Sir,
Thanks for sending immediate reply
Numbers of times I have been tried to convince my wife but she didn't agree & I am ready to give 2-3 lac also
she is looking after my child
How mach maintenance I have to pay ?
Regards, choudhari
Raj Kumar Makkad
(Expert) 07 November 2009
Chouhan! You will have to face the cases. You have to pay maintenance at one place for a particular period though demand in 3 cases shall arise at the same time viz, under section 24 in your petition filed under section 13 (1) (1a) at Pune, maintenance application filed by her at Dombiwali and in DV act application filed by her. You will have to pay though you are now jobless. Put all facts as told by you in your all cases and produce evidence as per advice of your lawyers. The happening is to be proved and witness may be your parents and some relative/maternal uncle and some other friend known to the facts of the matter in dispute.
