settlement or fight ? please help
Querist :
Anonymous
(Querist) 24 May 2011
This query is : Resolved
my query of 19/5/11.
sir! thank you!
i get frequently posted from one place to other after 4 years
1. I have found out ,the case can be transferred from one place to other ,but not so frequently.
and in my case the application has to be sent to supreme court.because i being an defence office get posted from one state to other. and transferring of case from one state to other is within the jurisdiction of SUPREME COURT.
2.IN MY CASE we are only fighting against him proving that he has hidden our first marriage of 1999 in gurudwara and has wrongly filed for divorce under special marriage act based on marriage of 2001. in between we have filed c22 and c24 , asking for interim maintenance of my daughter and my expenxes of travel ,and expenses of case.
3. suddenly they filed to withdraw their petition and got orders passed without lettting us know .any way we fought against that and on 06 may ,the judge has recalled his order realising and stating that he has hidden many facts from the court. we have now filed objection against their petion .
4. our stand is : first the interim and C24 should be decided ,then the original can be contessted whether his divorce under special marriage act is right or wrong.
my query :
1. at this stage ,what is the future of my case .?
2.will i get divorce while fighting this case ?
3. i want to break my ties with him ,is there any other way ?
M/s. Y-not legal services
(Expert) 24 May 2011
1. As per your stated facts, the judge realised a things that your husband suppressed the facts.. Then its will be favour to you only. Just make clear some other issues before court's eye.. You will succeed your case.
M/s. Y-not legal services
(Expert) 24 May 2011
You are just fighting for your rights. Without fight you can't get remedy here.. So keep fighting till reach your goal. This situation your interim maintenance will be decided first. Then only your main case will be disposed..
Guest
(Expert) 24 May 2011
Repeated query. I have already replied your query. However the same is reproduced here also for your guidance.
I remember on your last post several experts were of the opinion that you should continue to fight for justice. But from your repeated query it seems you are interested just to get rid of the case somehow or the other by any type of settlement.
Anyway, you can propose for settlement with minimum of 2 crores, if it is one time settlement, as 1 lakh for life would be just a small part of dust out of 1 crore turnover per year. You can reduce, if you like, the settlement amount by bargaining to get between 50 lakhs to 25 lakhs. I am sure they have offered you only 1 lakh just to go in to bargain with you to see where you can stand. So, adopt their own strategy to get some honourable settlement. If they insist on 1 lakh to 5 lakhs you must turn down their proposal. On that they would definitely come forward with higher offer, as their advocate must have sounded them that you can get even much bigger chunk of your husband's income for yours and your daughter's maintenance on per month basis regularly till life and even can share their properties for your daughter, as his legal heir.
Mind it, legally he cannot marry another woman till he gets divorce from you, while he would be waiting eagerly to get settlement. So, they would definitely insist on you for settlement, while you show some patience at least for some more time for honourable settlement than making a hurried settlement.
K.C.Suresh
(Expert) 24 May 2011
You have a good case.
I insist on you that Indian Judicial processing will be delayed due to several reasons
So follow each step on legal advice from a competent and efficient lawyer in your area.
Guest
(Expert) 24 May 2011
I also advised you to must fight, as your case is strong. But, in another post you seemed to be fed up with the case and wanted to get settlement, while your husband proposed merely Rs.100000 as settlement for the life.
I again advise you to fight, as you are sure to get a good share of his income as maintenance charges for you and your daughter. Otherwise, if hurried for settlement, you can consider my above mentioned advice.
Querist :
Anonymous
(Querist) 26 May 2011
thank you sir /
even i thought they would be eager for settlement ,but, to my surprise, till date they have not even once taken initiative for settlement in last 7 years,
this initiative has been taken by me in front of the judge as i being an army officer cannot sacrifice my duties for my family .
in my last talk talk with them ,i learnt that he too wants to settle the case ,so expecting some bargain i asked for 25 lakhs .
but to my surprise ,they just said its very high amount ,they will let us know their answer,and since then they have just kept mum. NO RESPONSE. no call,no message.
i feel ,they just wanted to read my mind through the talks and plan their strategy
with no response from them ,i am also surprised about their intentions.
Querist :
Anonymous
(Querist) 26 May 2011
i am very surprised that what is preventing him to take one step further and talk when i have already taken first step towards resolving the issue by talking .
afterall, it is not indo-pak relations ,where our relations are always tensed,
this is about differences in relation ,this is about future of a chld , and i feel as a matured person ,he should also come forward to sit and talk and resolve the isuue.
i am not able to concentrate toward my daughter first due to my all time demanding duties ,then everytime keep coming for this case ,so i want to finish the case
Doing duty towards my nation is costing me very heavily
i feel i shuld not have joined defence and dedicate my life to my nation .
i shuld also have been selfish enough to live for myself and think about MY FUTURE.,Atleast i would have had enough time to fight for my rights.
they know pretty well, that right now my old father is looking after the case, but after sometime ,one day , the case will become expartee as i wont be able to come everytmonth for the case.
DUSHMAN SE BACH KAR AA GAYE ,APNO MEIN AAKAR GHIR GAYE.
