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Originally posted by : Maanas |
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BackGround:
I filed Judicial separation
She agreed for MOU(for sthreedhan return + 8.5lks p.a) and Mutual Consent Divorce.
She withdrew her consent in second motion.
She filed 498a.
She filed divorce(13 ia) and maintenance(hama sectin 18).
I have around 10lakhs of her sthreedhan. They dont have receipts or bills for the sthreedhan.
She is asking maintenance for Rs. 75000/month for the past 3years and next 1year(altogether around 45lakhs).
Now what if I dont appear for her divorce petition and allow it to be exparte divorce againit me on cruelty grounds? Can that be used as serious evidence in
1. 498a criminal case?
2. Awarding Maintenance? |
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@ Author,
1. Only upto to extent of Explanation under S. 498a IPC and not otherwise as ex part divorce is not considered granted under natural justice principles. State will have persuasive arguments of ex part decree in divorce under cruelty read with Explanation under S. 498a IPC also read with 'quality' of allegations in a Complaint under S. 498a IPC
2. Ex part maintenance awarded meter down will also come into picture the moment divorce is granted ex part to her.
3. The issue with such briefs is lack of application of clear strategies and/or lack of legal guidance or lack of reading past discussions in criminal - family law forums and just coming and asking a question for question sake.
I will explain critically my above observations now;
- If you filed JC then it is natural that you have taken one-two grounds out of nine that are available to Husband - right!
- If JC was dismissed as withdrawn since parties wished to opt for MCD based on return of stridhan and 8.5 L PA as alimony as consideration for MCD and both parties agreed [what do you mean she agreed ? she agreed because such offer as consideration was given to her or she asked for them and only one could have happened and you also agreed for giving them as agreeing to such consideration for MCD] and First Motion happened then in my observation mistake is yours not hers for not coming for second motion. Why? I don’t think you entered or opted for MCD with sleeping mind when question of return of 10 L worth of Stridhan + 8.5 L P/A alimony are involved just for fun! If you didnot have the capacity to meet such Agreement terms then you should not have stick to MCD first motion is my view. If you now say she had other plans and for fun she entered in MCD then I donot even see you meeting her back her stridhan leave aside 8.5 L to move to Second Motion instead you are in next line questioning receipts - bills of stridhan which infact you are in fiduciary capacity holding on them!
- You say you are holding 10 L worth of stridhan which is not fine totally but upto a point and the moment you question about their bills then a question pops up i.e. you didnot have any problem keeping them with you in couples 'good times' without bills but the moment she is asking their return then 'receipt-bills' question comes to your mind? I mean either deny that she didnot have 10 L worth of stridhan and challenge them by asking production of 'receipt- bills' or return them without even a 'demand' raised as you are just custodian of her exclusive stridhan, why linger on in court corridors from JC to failed MCD to now asking question about ex part divorce r/w ex part maintenance and lots of other legal questions in future ?
4. What she is demanding under maintenance is her prerogative which you can challenge as per permissible Laws hence I have just read the sentence and not commenting anything more.
5. Your question of evidence of ex part divorce under cruelty is answered in para 1 and partially in para 2 and then explained how faulty are your legal journey atleast as per my observation.
6. Advised not to reply back with so called 'justification', same could be written in a brief in first instance and you are already participant of some 95 questions or forum replies till date as the case may be and thus are having sufficient knowledge and if not then suggested to read last 500 discussions each in Criminal Law as well as Family Law then reply back to me if such rebuttal need arise and in case you cannot hold back replying to me, if not then....
Suggested to discuss brief - case facts with a local seasoned advocate and follow his advises.
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