Reg. section-9 of hm act.
ad
(Querist) 15 May 2014
This query is : Resolved
My wife filed sec.9 of HMA in 2002 in maharashtra, but i received summons on 2012 only.
she also filed various cases i.e. 498-a, 406,sec. 18 of HAMA, sec.125 of Crpc, sec.405,406 of IPC and sec. 24.
sec.125 decided and Rs. 1500/- per month which i m paying regularly.
sec. 405,406 dismissed for wants of prosecution. (as she did not attended this almost 5 years).
sec. 498-a, 406 is on evidence stage in rajasthan as i m living in rajasthan.
sec.-18 is in final stage at maharashtraa.
In sec.-9, one application for sec.24 is there, i filed reply for both and after argument, when file was pending for order on sec.24, I personally appeared before the Judge and requested him for sending the petitioner with me to cohabit. my wife was also present in the court with her advocate. then judge asked her for her willingness then she told that she is also willing to cohabit, but she have threatening to her life. and want guarantee for her life in written. then judge asked me that she is asking for written guarantee than i told that i am literate person having old parents and a younger sister only. in no way danger to her life from us. But she was adamant for written guarantee, than I told to judge that I am ready to follow your each order. than judge told that i am not asking anything she is asking only and i am not. than i given consent to judge for written guarantee for her life. that her advocate put some other condition and i give my consent to all of them. I requested to judge that i am ready to each condition of her but i want to take her at my home today itself. Than judge asked my wife that your husband ready for everything, now what is your decision. She was not in position to give any answer to judge, her advocate asked to judge for giving order on sec.24. than judge told that this matter is being sent to mediation and forwarded for mediation to other judge. than i attended the mediation proceeding but she was absent, mediation judge given another date for giving her a chance, but total three times matter put up for mediation before the mediation judge, I was present to all dates, but she was remained absent to all three dates. than on 3rd date judge told me that your wife is not coming for mediation and it seems that she is not wiling to cohabit, therefore, i am making failure report and sending this matter to main court where hearing is pending.
Now my question is that what report will judge sent in mediation report, whether he will make clear observation. Please tell what will be in mediation report.
what effect will be come of this mediation report in sec. 24 and in sec.09 case.
what chances of order of maintenance in sec.24.
what should i do now ?
I want divorce only. Whether failure of mediation is a ground for divorce for me.
Pl. suggest that i m suffering from all of these cases from last 9 years. Early reply be appreciated.
I am living in Rajasthan and my wife lives in maharashtra with her parents, she is doing law and in last semester.
Regards,
ajay sethi
(Expert) 15 May 2014
1) judge will merely mention mediation has failed .
2) your wife application under section 24 HMA would be decided by court on merits .
3) no case of divorce has been filed by you nor your wife . as such court wont grant you divorce
Devajyoti Barman
(Expert) 15 May 2014
Failure of mediation is no ground for divorce.
Try to expedite the case. if possible move High court for order of expeditious disposal of case.
Her law degree has nothing to do with the merit of your case.
