Divorce and maintenance

Yes she can on the following grounds:

1. Enhanced alimony on account of Pune being more expensive. BUT she'll have to apprise the court that she's only asking for extra expenses on account of State Govt's Octroi,higher sales tax plus other taxes.

2. Under 24 section she can only add to what she demanded in 125 CrPC but she has to inform Pune Court about 12CRPC.

3. She can ask for airfare, attorney fees.

Lets say husband files for divorce and also appears in 125 case in Delhi. Can wife include application of 24 (maintenance) in the divorce suit in Pune?

YES. it is your duty to bring it to the notice of the court.

Is it mandatory for her to withdraw her 125 in Delhi (as she can't ask for same relief at two places)?

NO. it is your duty to bring it to the notice of the court. Her 24 HMA may not be allowed if things are brought to the notice of the court or higher court.

If wife moves to Supreme court for transfer of divorce case from Pune to Delhi, can husband withdraw his Divorce case?

She can file transfer petition. In all probabilities the case will be transferred. But do not withdraw Divorce petition, and let the petition be allowed, contest it properly.

Assuming if she withdraws her 125 and moves application of 24 in Pune divorce case. Later husband withdraws his Divorce, will the application still be maintainable alone?

She will not withdraw 125 since it is a criminal case and it will put more pressure on you. Her 24 HMA may not be allowed if you bring it to the notice of the court. Do not withdraw your divorce petition, it will put her in pressure.  

Dear Ranbir,

While other countries don't allow double jeopardy 24 sec like civil cases are debarred. Indian position was clarified only BY CJI Gangdragarkar[Tajob an Nina had a long discusion on this while I was watching on my wifi laptop]. but judges have forgotten him as well as article 20 is not used at all by Indian Courts. Basically SHE CANNOT PLACE YOU IN DOUBLE JEAOPARDY. Move the high court and get the 125 CRPC case quashed[they'll do it within seconds] Tell Delhi high court /or Pune court its too much of a trouble apart from being placed in double jepardy. We have got many such cases quashed[One of the two]. Get 125 case quashed and allow 24 sec case to continue. As fast as possible.

I garee with Ranbir .....

HC/SC will quash Delhi 125 Crpc case under Article 20 of the constitution. Let her transfer civil cases to Pune and stew in her own juice.

125 CrPC cannnot be quashed...only thing that can happen is that 24 HMA may not be allowed..it brought clearly to the notice of the court/higher court concerned...

She will file both...to harass you or being unaware of the fact that two maintenance petition cannot be allowed...you have to have all the pains and show the court that the wife is asking maintenance from two different cases///

Actually this HMA 24 and 125 CrPC are meant for different purposes...they are not similar..

Please take expert advice...

Mr.Ranbir is right. We are all fools and so are the judges and Emeritus professors of law.

Good luck to the querist.

"Best punishment for a vindictive mind is shower love as nothing irritates him more than love without vendetta"

Ranbir, Debbie & Nina & Dharmesh, Thanks alot for your valuable advise. Girl has already sent emails, Legal Notice and Summons for 125. In all three she has acknowledged "Not intereted in living with the Guy", "Descided to divorce the Guy" etc. The problem is whenever guy agrees for divorce she comes back with attrocious demands like 1 crore + Jewellery (Which she has already taken) etc.

The way I look at it, Husband is filing for divorce to bring her to a table for negotiations (Seperation or Compromise either ways) and move on with his life. The thought of withdrawal of divorce case is to ensure that the matter dosen't get stuck. The 125 case will be faught dilligently for a quick settlement and so will the divorce case.

While typing, this thought just came to my mind. If Guy agrees to a descent maintenence amount and starts paying in the 125 suit. There is still no solution in sight (seperation or alliance). Apart from filing for divorce, can the guy also pray in his responce to 125 that he is agreeable for one time alimony if divorce can be granted?

If you don't want to give her alimony email nina5000ad@yahoo.com

She'll tell you the tricks of the trade and how to make her cringe and crawl . She would readily help needy women if they approached her.

Cya later

The decent amount according to you may not be a decent amount according to her...

You file divorce and contest it dear..and tell her that you are not ready for a compromise...and want to fight..give it a fight for some time...they will come down,when they see that they are loosing...and come for settlement..

Court will never ask to pay a very high amount. 

Fear of loosing the case and not getting any money will bring them to your terms and then settle the case...

I am not asking you to carry on the fight for ever...but for atleast some time, till the time they come to terms with you..

The problem with professors (Associate, Assistant, Professors or Emeritus) is that they are very theoretical and far away from the practical aspects..

Excellent.. Thanks for the advise Ranbir. We have descide to fight both cases individually and lets see how it goes. Will keep everyone posted.

Hoping to get Divorce filed by this Friday.

Next date of hearing on maintenance case is just before Merry Christmas...

To be double sure, if you feel that she is wicked enough to file 498A, when she sees that the chances of getting money from us are minimum, go for anticipatory bail...to save you from the harassment...any 498A filed after divorce will be quashed..but still to keep away the harassment..

Other members may kindly let us know whether Anticipatory Bail can be obtained prior to filing of the FIR..

Ranbir

Keep yours words in mind "paritranaya sadhunam vinasaya ca duskrtam dharma-samsthapanarthaya sambhavami yuge yuge "

Dear Mr. Ranbir,

What you are saying is correct.But many Judges of State Supreme Courts resign after 10-15 years of service and take up academic jobs. It cannot be denied bloodshed may be necessary in case of incorribles.