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Ritesh Srivastava (Manager)     04 March 2013

Case filed in 13a

Respected Experts,

      I got married in Feb2008.At that time I have been informed in written that she has done B.Tech. and pesuing some other course which will be finised by 6 month, but that continued for two & half year ( during which she lived alone in faridabad). When she came to me, she started her tantrums and had problems with every situations/ persons including me and  my family members.

       As I was in a distress marriage and we filed a case for seperation with mutual consent( i.e. 13 A) after which she left my home and resided in Delhi for some course( during which I have sent her Rs. 5000 per month, for 6 month through bank transfers) . but now when the date of the case arrived she is blaming me & my elders and changing her statement in the pressure of her family members and asking that I will not give divorce. She has also taken some of her ornaments back with her ( I ave taken an statement of the same on stamp paper).

       Now my question is, Can they use DP Act against me ? If yes what should I do, as I am having documentry proofs that I sent money to her. As well as the matter of the case filed, In which it is mentioned that we are having mental mismatch and we have not been living together and not having physical relation too. Also we have decided that what has to given and taken.

      Aslo can I file a new case in Sec 13B in my city's Court on the basis of Desertion of marital happiness on the basis of Mental and Physical Cruality (As she is not having physical relation with me i.e. the marriage is not consumeted).

Kindly help me.....  



Learning

 1 Replies

Tajobsindia (Senior Partner )     04 March 2013

In my opinion small matters as per your brief have taken shape of mountain today and the very same narrated small matters have gone out of control due to lack of communications r/w expectation mismatch of parties probably.

Hence I feel both of you need good counseling by a seasoned Advocate either in his Chamber or during mediation in currently filed S. 13 A HMA proceedings which either side may propose before competent Court to send parties to so that final settlement may happen by showing the parties that they have dark future ahead and it is in their best interests that instead of spending years in Courts they either separate from each other or opt jointly for mutual consent divorce with one time alimony.

If above pep talks fails then the statements that you say you have of hers about stridhan return are good enough to challenge probable (future if any) DP action from her side. The voluntary maintenance that you sent during judicial separation phase were your lookout and may also help you to be seen in good books for any future action that her side may take.

Regarding S. 13 B HMA it is always filed jointly that also if majority of issues are agreed (sorted out) between the parties and for the same both parties need to approach competent Court by first withdrawing S. 13 A HMA and filing fresh S. 13 B (1) HMA followed in 6 months by S. 13 B (2) HMA and get over via mutual consent divorce route from each other.

For non – consummation of marriage facts there was separate cause of action which could have been used on advise of Chamber discussion before opting for judicial separation cause title which you missed. Now bygone is bygone work around making her mind either for judicial separation cause title which is live currently in some court or withdrawing the same or fresh applying jointly for MCD under S. 13 B (1) / (2) HMA.
 
For her lack of agreement to issues in hand / her confusion state of mind minus any wild allegations forthcoming (about usage of criminal side of family laws which currently she is not hinting as per your brief) it seems she is soft character career orieted lady and can be roped in with few sweet pep talks before she changes her mind and uses criminal side of family laws under advise from battery of ill-company she may keep, so use current opportunities politely coming your ways instead of always thinking negatively and mixing all past events while discussing things out with her/her side. It is all doable all that you need is good talkative mediator advocate.


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