Suggestions required for such fake cases.
Querist :
Anonymous
(Querist) 14 December 2011
This query is : Resolved
Dear Sir,
I am seeking your urgent advise pl.
My marriage was solomanise in 2004 at maharashtra.
I am working in a govt. organisation at in other state.
My wife was not happy with this marriage with unknown reasons.
She files cases in her fathers location in maharashtra U/s
a) 498a, 406 - on 21-06-2006 against me and whole my family members,this case has been transfer in my state.
b) 405, 406 in JMFC -- on 21-06-2006--- case dismissed in June 2011 by magistrate due to not attanding by my wife from 2006.
c) U/s 125 -on 21-06-2006 - at JMFC - order at Rs. 1500/- in dec. 2008- i am paying by D.D in favur of Court.
d) Section - 18 of HAMA - on 3-07-2006- at JMFC - at cross examination to me stage. whether the JMFC has power to take care this case?
e) Section-9 of HMA- restitution of conjugal rights- in her district, Sr. Division. - still notice not received to me.
Pl. suggest me.
1) can sec-18 be run with JMFC - i have filed a application for jurisdiction power is with Sr. Dvisision- dismissed by the JMFC.
2) can two maintenance be run simultaneously or only one of them.
3) I want to take divorce from my wife. what should i do? whether fight sec-9 or do file divorce petition , and where?
4) if i file divorce petition in my state than what is the chances that the application be transferred in maharashtra.
5) she don't want to come with me and don't want to leave me. because i am serving in govt. organisation.
6) Recently i came to know that she is doing service some where, what should i do?
7) what are the other scopes for file some csaes against her or her family members or any other thing which can take them to come for compromise and take divorce.
Please give me your valuable suggestions.
Reagrds,
ad.
ajay sethi
(Expert) 14 December 2011
1)first gather evidence about your wife . where is she working? how much is she earning ?
2)hire a private detective .if she is earning substantial amount it will weaken her claim for maintenace .
3)dont file cases against your wife or her family members .
4)if you so desire you can file for restituion of conjugal rights . if your wife dosent want to stay with you it will help you in your divorce case to be filed subsequently .
5)if you dont wan to file RCR
then file for divorce since you have been staying separte for more than 5 years .
6) in c ase your wife contests the divorce case it will take some years for you to get divorced
Raj Kumar Makkad
(Expert) 15 December 2011
1. Yes.
2. Yes.
3. Separate divorce petition and it can be filed where you last resided or wherein marriage took place or wherein after marriage you resided.
4. Possibilities cannot be ruled out.
5. No comment.
6. Obtain authentic information with documentary evidence, if possible and then put this before the court wherein the matter of maintenance is sub0judice.
7. No comment.
6.
Shonee Kapoor
(Expert) 15 December 2011
I agree with all other advise of Ld. Mr. Makkad, except that HAMA case would be run in the court of Civil Judge Sr. Division. May be JMFC is also Civil Judge Sr. Division.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 18 December 2011
I also agree in terms of Mr.Shonee Kapoor
with advise of Mr. raj kumar makkad.
