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shriks........... (healyhcare)     14 August 2013

Can i file...??

1. i filed divorce 2012 sec13i hma its contested on desertion and mental cruelities in district civil court...just 2 months back ,she jumped for 24hma...orders of 2000per month passed ......she expected 25k......MCD demanding too much....

2. she filed rcr with 125crpc in family court asking 25k there too 2012, i filed say stating ready for co hab but its desertion by wife so filed divorce.......thus interim denied as of now...also i filed objections to her allegations...now rcr clubbed with 125 for common judgement.....

3. meantime she has also taken heartly efforts filing DV but awaiting summons as she is waiting for me to commit any kind of voilence, but due to seperation i have not commited any offense niether past nor present  .....barged into my flat which i gifted to mom before filing of cases by me and my wife......in todays date i jus have a loaned car........

4. she not ready for co hab but wants divorce too but with huge lumpsum......also wants that flat......

5. QUESTION:- 
a. can i file 24hma in family court saying wife getting maintenance in divorce, she not ready for co hab, i cannot afford running 3 cases simultaneously financially......so either ask her for cohab or pass judgement ands close / dismiss sec.9 hma rcr or provide me with travel allowance and expenses of proceedings.....
b. can i....?????? or will it be frowned upon by magistrate....???
c. wife non working.......
d. can by anychance will it impact on O.P..???????



Learning

 3 Replies

S.N GUPTA111 (Retired)     14 August 2013

HC ruling being ignored by Addl PP Rohini Court & IO Ashok Vihar Thana, Previous  IO of case seeks warrant from ACP against husband as  Police is hapless in cases of 498 A & 406 even if neither proofs are available nor any proper investigation done but they are bound to issue warrant against Husband on False complaint of Wife, however, anticipatory bail applied in Rohini court, Hon’ble Court refers case to Mediation cell ,both parties come to settlement on a certain amount for Mutual consent Divorce for future full & final payment against Alimony etc.etc, four installment payment agreed 1st at time of Bail,2nd at time of 1st motion,3rd at time of 2nd motion after six months as per Hindu marriage act, 4th & final payment at the time of quashing of FIR within one month of 2nd Motion, Bail granted by Court after 1st Installment & case referred to family court for MCD,2nd Installment paid at time of 1st Motion by Husband/Accused, Now IO Ashok vihar changes, New SI calls Husband at 11.30PM & asks him to come to Thana AVR, there Husband shown remarks from Addl PP Rohini mentioning that why arrest warrant of other three accused i.e. Mother Father & Brother of Bereaved Husband not issued arrest warrant ,IO apprises of consequences that charge sheet against your Mother Father & Brother will prepared & they will have to appear in the court ,thus being  tortured for not doing any CRIME ,Addl PP & IO of the case has no evidence & no proofs & further when case is  ending  as a compromise MCD then why HC order are being disobeyed.(for reference  Paper cutting of Times of India Attached)Please help.


Attached File : 307089580 hc curbs on arrest of in-laws in dowry cases.jpg downloaded: 230 times

shriks........... (healyhcare)     15 August 2013

thats true but query is unanswered........

shriks........... (healyhcare)     16 August 2013

dear learned experts...please guide me for the above mentioned query.............


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