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Guru (Sales Manager)     03 August 2015

Divorce file by wife

Dear Experts, I got married in Feb 2013. Wife deserted within 1 month of marriage. Separation of almost 2.5 years. Have no kid. Just few days back I got the idea from the website of court that she filed the case under section 13 (1) (i-a). Yet I have not receive the summons/notice, I am waiting for that. Case status showing:- ROF SUMMONS NOTICE APPEARANCE COUNSELLING Date is 11th August. Yet I have not hired any permanent lawyer. What's your best advice on this stage?


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 3 Replies

Prasad (Systems Engineer)     03 August 2015

Guru...

 

If you have love and trust on your wife and want to live with her, just appear in the court as per the reference to the case filed by your wife and tell judge that you want to counter the case and want to live with your wife. Judge will refer both of you to mediation and use the opportunity to unite with your wife for all good. Then coninue to find time and opportunity to talk to your wife in person and get rid of the courts.

 

But, If you have lost all love and trust on your wife and want to end the marriage, just stay away from court and let your wife get ex parte divorce decree [followed by divorce decree] and relieve you to start a new life.

 

 

Guru (Sales Manager)     03 August 2015

@Prasad She did this for money, she roamed around 2-3 police station of city and give complaint against me. File fake NC but not success to file any criminal case on me. Now she file divorce and obviously with huge settlement amount, I am expecting the notice within 1-2 days from the court. If I ignore the notice and not attempt to court then what happen in that scenario?

Guru (Sales Manager)     15 August 2015

Dear Experts,

Finally I received the petition copies through Register ID after passed 1st date of Appearance for Counseling and next will be after 1 month. There are two petitions as below,

  1. For divorce under section 13(1) (ia) of Hindu Marriage Act followed by Pre & Post Marital Facts and lots of allegations.

Her Demand

  1. Divorce Decree,
  2. Providing alternate accommodation or the amount for the accommodation,
  3. Interim and ad-interim reliefs in terms of above stated points,
  4. All Stridhan (Claiming huge list of Jewelleries and belongings)
  5. Permanent Alimony with 1.50L
  6. Interim Maintenance of Rs. 5000 per month under section 24
  7. Cost for this Petition be paid for
  8. Any other and further reliefs court may deem fit and proper be granted

2. Interim Maintenance Application on behalf of the Petitioner Under Section 24 of HMA

Her Demand

  1. Interim Maintenance of Rs. 5000 per month
  2. Restrained from selling, alienating and / or creating any third party interest in my residential flat which on my name and the same I bought 3.5 years before of my marriage and still it is on home loan basis.
  3. Providing alternate accommodation or the amount for the accommodation
  4. Interim and ad-interim reliefs in terms of prayer (a) & (b) above be granted.
  5. Any other and further reliefs court may deem fit and proper be granted

Facts:-

  1. Marriage Date: - 01/12/2013 (2 years and 6 months)
  2. Separation: - After 1 month she deserted the house willingly
  3. Have no child
  4. She files fake N.C. 2 years back and also made time to time filing complaint in 2 different Police stations, yet not file any criminal case on me.
  5. Even my mom has also file the N.C. as she had came to my home in my absence and give threat to my parents and be physical with my mom.
  6. She mentioned in the petition that she work with the Pvt. Company and earn Rs. 3000 per month which are not sufficient for her and demanding maintenance/alimony from me.
  7. I have no idea where she works and live currently as she changes her residence frequently and don’t have any permanent place to live. She put the address in petition of her cousin’s house.
  8. I have collected all her complaint letters, N.C. Copy and statements of our both where she accept about her stridhan which she received all things except 2-3 jewelry which are lying with me and it is still with me I.e. Mangal Sutra which she broke, Bangles which we gave her. She also claimed on Gents engagement ring and pendant which they give me as gift during the engagement and marriage ceremony.

Please provide me the opinion how I tackle this and my further course of action!!


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