Dear Experts,
I am married in May 2009 and staying with parents at Visakhapatnam and my wife left the house without intimation to me on Nov 2009 while I am in Delhi for office work. After exactly 1yr after marriage date she filed 498A at Rayagada, Orissa and later after 2months Divorce and Maintenance case in Visakhapatnam,Andhra Pradesh. Being the only son and earning a good salary my parents and me didn’t take dowry.
My wife gave her deposition but my deposition is not done even thou i filed my evidence petition in June 2014.
In the interim maintenance the family court at Visakhapatnam ordered me to pay 5,000/- per month from date of order i.e.19.6.2014 on 5th of every month. I filed an appeal in the AP high court and it was dismissed directing the family court at Visakhapatnam to complete deposition of the respondent(myself) and divorce case proceedings within 6months on 9.9.2014 from date of order, i am yet to get the final orders from the high court. Today i informed the same about the orders given by the AP high court but the judge didn't listen and declared 'defence struck off, arguments to be taken' for non payment of maintenance. Please advice me for the following points:
1. How to give my deposition and prove that my wife left on her own will?
2. If possible is there any way I can request to transfer the case from the present court to another court as I don't believe justice will be delivered in this court. What is the procedure?
3. In 498a case the petitioner admitted that she left on her own will when i am away, how to present it to the family court?
4. Date of order to pay maintenance came on 19.6.2014 on every month 05th of the month, so is it applicable from 05August 2014?
5. If i pay maintenance will the court take my deposition?
6. If divorce is granted and alimony need to be paid, can i appeal in highcourt?
Thanks in Advance. Please advice.
Any reference cases please do forward me.
Best Regards,
Mahesh
