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Sam (NA)     29 July 2013

Divorce and maintaince

Hello All,

1. Our marriage existed only for 3 months. She is working in a Software company 

2. Every day, whenever I touch her she responded 'NO'. Even I have advised her life cannot go like this and I waited for her (e-mails). I came to know from her that she has undergone an Open heart surgery, which I am not aware before marriage. I try to convience her to visit a doctor, but she was not willing to.

3. I convey the problem(SEX) to her parents thinking they will help us to solve, unfortunetely it turned to worst situation and they started scoulding in bad filthy words, which she had asked for sorry through E-mail.

4. We did not had s*x, which she admit in the email saying that she has some problem after three months of marriage and she left me one evening without my knowledge sending a Text message.

5. After 15 days of no response from her I filed divorce on ground on 'Void marriage'.

6. She filed a dowry complaint in police, I proved using her text message and her converstion before marriage that I did not even got a single peny. Police shouted back at her and they withdrew the case and went back. 

7. She approached us for a huge sum of money through our lawyers, which I am not interested to pay.

8. Then she has filed a SEC 125 (maintainace), (thought she is earning 20K per month) and Transfer petition at her location. Which I did not get the summon for almost a year. 

9. She did not file her counter for almost 8 months then the district judge gave a final day to file her counter, then she filed Section 24 maintainance at disctrict court and stated she has filed transfer petition and hence the judge kept on hold for almost a year now

10. Now I approached the High Court using Section 21 B, but the judge has asked the other party also to file their response for delay. Even in high court they are dragging the case (section 21 B) for almost 2 month asking adjournment.

My Question

1. Will my Section 21 B be rejected by high court for any reasons? 

The only pray she can tell the high court is that her transfer petition is pending for almost a year. But I did not get the summon from the court so far(Almost a year)

2. Will I be ordered to pay maintainance, as my marriage existed only for 71 days and she left me and she did not play a part of wife and she is earning around 20K per month in software industry (I will be able to prove these thing using her text msg). Her father is a state gov employee.

3. If the district court judge order some maintainance and I wish to go for appeal, will I be able to proceed with my divorce case parallely or my divorce case will be kept pending until the maintainance is finalized?

4.In the police complaint she accused me saying that 'I am impotent becoz of which I bet her'. Since I have proved through her email that the problem is not with me. she has withdrawn the case. Will I be able to legally handle her for falsely accusing me that I am impotent(any legal suit).

Could some one help me?

Expecting your help .... Many Thanks.



Learning

 4 Replies

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     30 July 2013

You can help yourself.

Sam (NA)     30 July 2013

Thanks Sir, But if you could help me answering my queries it would be great.

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     01 August 2013

Will I be able to legally handle her for falsely accusing me that I am impotent(any legal suit).

 

Your approach good with case, needs no suggestion.
 
WIFE IS EMPLOYED OR HAVING INDEPENDENT SUFFICIENT INCOME. AS YOU SAID, HER APPLICATION FOR MAINTENANCE EITHER U/S 125 OF CRPC OR U/S 24 OF HMA NOT MAINTAINABLE.
 
WHEN YOU HAVE KNOWEDGE ABOUT TRANSFER PETITION  CONTEST THE SAME DON'T WAIT FOR SUMMONS.
 
DELAY IN FILING COUNTER MAY BE CONDONED, DON'T HOOK ON IT GET CONTEST DIVORCE.   
 
USE EMAILS AND OTHER MATERIAL EVIDENCE WHAT EVER YOU ARE HAVING.
 
YOU WIFE EVEN REITERATE THE IMPOTENCY IN HER COUNTER AFFIDAVIT AND IN MAINTENANCE CASES.  CONFRONTE THE SAME IN HER EVIDENCE AND THEN TAKE ACTION USING THE EMAIL AS  SHE HER  SELF NOT PREPARED FOR COPULATION AND THEN FILE A CASE FOR GIVING FALSE STATEMENT AND DEFEMATION.
 
 
U r doing good.
 
Good luck. 

Sam (NA)     01 August 2013

Thank you Sir... :-) Monday Expecting SEc 21 B judgement once I receive will use that to complete all related case. As suggested I will go with Transfer petition. first. Thanks one again.


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