corrected query as below
1.filed divorce in civil court sr.division against wife based on desertion and cruelty 2 yrs back under sec 13 hma contested divorce case going ......just before expartee, wife appeared and filed 24hma 6mnths back
2. 2000/month interim pendente lite granted and 5k litigation charges.
Opinion: That's common amount if is she is not working.
3. sec 9 restitution+125crpc in family court same district filed by wife.....cross of wife over where she refused co habitation with husband and agreed working in past.
Opinion: If she is accepting No cohabitation then that is the catch.
But have she mentioned from which date? if she is accepting that No cohabitation from last 2 years then automatically she herself accepting the ground of desertion as Divorce which you have to prove that such No cohabitation was due to her.
4. in divorce case wifes lawyer applied for strike off of my evidence due to non clearance of arrears of 17000 and dismissal of case.
magistrated asked me to file a say.......
i just paid 2k
Opinion: Write a strong say on the plead of the opponent lawyer.
As his plead will be not entertained due to her separate case of maintenance i.e 125crpc. already going on this issue.
So, how could divorce petition will be dismissed on such arguement.
My concern to you is:
If that amount as Interim was impunged to you then why you have not gone for appeal?
My view is that she has got a very genuine interim better pay her arrears and fight your contested divorce on the ground of desertion+ mental cruelty as you have a good case in hand.
5. can payment in 24hma adjusted in 125crpc final maintenance....????????
Opinion: It depends on the appellate court as no court can give multiple of of maintenance order at a same time.
Better go for appealing if you have a case.
6.if i wish to withdraw divorce due to financial constrains....will it hamper me in near future.
wife and me seperated since 2 yrs
Opinion: Don't withdraw the case as you have to start again from the begining.And at that time also you have to give money for filing the case,dates,arguements and again interim will start....
So, better close this case on merit and don't worry about 2k/pm as an interim.
7. is any remedy or alternative....will wife get money in 24hma as well as 125crpc if i fail to prove desertion by her......
Opinion: Only one maintenance is allowed,No multiple of maintenance given by different courts.
If interim cancelled then 125 crpc or if both cancelled and divorce been granted then U/s 25 follows.
8. rcr clubbed with 125crpc with common judgement....
Opinion: So,what..! fight on merit and wait for the order. If you feel aggrieved with the maintenance order then appeal in session court within 30 days of order.
