Sec. 24 and sec. 9
ad
(Querist) 09 August 2014
This query is : Resolved
Sir,
My wife filed various cases i.e.
498-a, 406,- pending
u/s 125 - Rs. 1500/- per month - paying regularly.
u/s 18 of HAMA - pending
u/s 405,406 r.w. Dowry proh. Act - dismissed for want of prosicussion.
u/s - 9 - pending
u/s 24 of HMA - decided Rs. 1500/- p.m.
i want divorce - all cases are running in other state where wife is residing with her parents and 498-a is running in my city only.
in sec-9 which filed by my wife only for harrass me and to take sympethy from hon'ble courts, i personnaly appeared before court of CJSD and asked him to sent my wife with me, but my wife told that she wants to cohabit but she is having threat to her life from me and she wants guarentee of her life in written. than i told to judge that i am ready to give in writting and u send my wife with me today itself. i also told to judge that i am coming to attend these various cases from the distance of 1000 kms. i m alone son of my parents having one married and one unmarried sister and parents are also totally dependent on me.
than judge sent the matter for mediation to other CJSD court. this court has given three dates i attended all of them and told the judge my side but she or her advocate not attended any date of mediation. then in third date the judge make failed report and take my sign and my advocates sign on the report and sent the report to main court.
than i appeared in main court where case is running and asked him that she has not come in mediation now what should i do, then judge told me that if she not wish to come before mediation court i cannot forced her. than i filed a application before the court u/s 151 for postpone decision in sec 24 and daily hearing of sec. 9 , as coming on each date or frequently to attend court from the distance of 1000 km is not possible for me.
but court has rejected my application and decided the sec. 24 and granted Rs. 1500/- p.m. and Rs. 100/- for each her personal attendance on date and Rs. 3000/- for legal expenses.
i want to mention here that she filed all these cases with in few dates as per below-
1. Sec. 498-a, 406, 523 on 22-06-2006
2. Sec. 9 & 24 of HMA- on 03-07-2006 (affidavite on 27-06-2006 i.e. after 45 days of filing 498-a) and i received summons of sec-9 on March 2012 only i.e. after 6 years of filing of sec. 9
3. Sec. 125 - on 05-07-2006
4. Sec. 18 of HAMA on 11-07-2006
5. Sec. 405,406 r.w. Dowry Proh. Act.- Nov. 2006.
i am in serivce in a PSU. she filed RTI is my office and collect my pay slip and filed in court of getting more amount in form of maintenance. she just want to harrass me and don't want to give me divorce.
she has completed her law degree now.
i filed various documents in sec 24 about my expenditures, medical expenses of my parents and sister's education expenses and my up-down expenses towards my service.
also filed the court receipts of paying maintenance in case of u/s 125 Rs. 1500 pm regularly.
all above facts i given before the court that her intensions are not good, and she using these all legal remady for harrassment of me and my family members only.
now what should i do.
1 whether filed appeal against order of sec 24 .
2. file divorce in my city .
or what other remedy is available for me . i am very much tired now from all these meaningless legal bettle.
i know that their is no justice for right side.
kindly help.
Regards.
Devajyoti Barman
(Expert) 09 August 2014
1. Let the order in sec.24 case be passed. if you are aggrieved then go for revision.
2. Divorce is also an option if there is no room for future reconciliation.
Better reconcile.
ajay sethi
(Expert) 09 August 2014
it appears your wife wants to harass you by filing multiple cases . she basically wants her pound of flesh .
file for divorce on grounds of mental cruelty. but be prepared for long draw battle as your wife dosent want divorce
Raj Kumar Makkad
(Expert) 12 August 2014
There are various instances of physical, mental and economical cruelties meted out to you on the part of your wife hence file a petition seeking divorce on those grounds.
Raj Kumar Makkad
(Expert) 12 August 2014
You need not to attend the petition on every hearing. Deposit the amount fixed under section 24 of HMA either by way of transfer (RTGS) in the bank account of your wife or in cash through your lawyer or through cheque as per your convenience.
T. Kalaiselvan, Advocate
(Expert) 13 August 2014
As suggested by experts, you need not attend the court on each and every hearing, as far as RCR is concerned, you make your stand clear that if she is ready to join you back, you shall take her, hat way you can file a memo submitting to the decree prayed for by her, if not file a divorce case from your home town.
ad
(Querist) 30 August 2014
Sh. Kalaiselvan sir, advised to file divorce case from my home town. Is divorce case can be entertain by court at my home town when sec.9 filed by wife at her home town (different state) and still pending for evidence ?
1) If i filed divorce at my home town than whether family court on itself will try to forward this case to my wife town ? or
2) for transferring this case is depend on my wife's desire ?
3) Or what can happened ?
Pl. advise.
Devajyoti Barman
(Expert) 31 August 2014
1. High court can transfer the case.
2. yes
3. better contest the RCR and apply for counter claim of divorce.
