I got married on dated 18 may 2009. Due to some circumstances, me and my wife have filed a case under divorce act13B on Jan 2010 with alimony of 8 lakh rupees. I have paid the alimony amount through the DD. After completing the six months, I have appeared in court for the hearing of our case. But my spouse did not appear for the hearing. On the basis of this fact my case has been rejected by magistrate.
Then I filed a case under section 13. She has already taken the money (8Lacs) and has not returned this amount to me. Now we are living separately for more than 1 year. Please advice me on following points:
1. Can she file the case under section 498A as she accepted on the paper (under the first case 13B) that I have not taken any dowry money and nor I am demanding any dowry?
2. Can she file the case under section 125A as I have already paid 8 lakh rupees?
3. Can she file the case under domestic violence as she already accepted that I have not raised any comments on her?
4. If she files any case under any of the above conditions then what kind of remedy is required for me?
5. Also advice me if my advocate has taken the right approach. Can we go ahead with section 13C and 13D.
6. How soon can I get rid of this problem as I am overburdened with loans to pay 8lacs of alimony?
Kindly let me know your comments..
Thanks & regards