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R.KANNAN (MIS)     15 September 2012

Divorce & maintanence

Dear Forum members

I want your kind advise onmy  following queries


1. The divorce case filed by my wife  is dismissed by the family court on the basis of default by my wife as she has not obeyed the visitation rights orders since one year after the order.  Is there any possibility for them to restore the dismissed divorce case? Is there any time limit for the restoration of the dismissed case ?  The interim visitation order is part of that main case. The court  informed that restoration has been filed , but denied by their lawyer.

2. Now she had filed Maintence petiton demanding money from me. Is it possible for her to ask for maintenence  even though the divorce petition isdismissed as she is not willing to obey the court order? How can the same court allow this petition when she has violated the same courts interim order? But their lawyer argues that since the  divorce case is dismissed all ite interim orders also gets  nullified so she need not obey the visitation order.

3. Can i now file the RCR as the divorce case is dismissed , as i am always ready to forgive all her false allegation and save the marriage  for the better future fo my son ? If she stills not showing my son or ready to live with me , what options i got to have my son with me atleast during week ends and vacations so that i will not disturb his studies. (He is already undergoing my wife's mental torture to create a hatred and negative image about me) 


Kindly help. Thanks in advance.



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     15 September 2012

1. If her divorce petition has been dismissed for non-prosecution- she can always try to get it restored by getting dismissal in default set aside under O.9 R 9. However she would have to show sufficient cause for non compliance of directions. Normally it has to be done within 30 days of knowledge of order, but delay can be condoned. 

2. Maintenance is an independant proceeding and there is no bar.

3. You can file RCR 


Bharat Chugh - Advocate Supreme Court of India

R.KANNAN (MIS)     15 September 2012

thank u sir for ur kind reply. i wanted the option to spend some time with me .. if i can file main petition as RCR and then ask for interim custody under guardian act ... or should i file main petition for custody ...i amdisturbed a lot by the continuous harassment of my wife as she is making me to run from bangalore to chennai for each and every hearing.

Is there any punishment or a heavy fine for framing a false case  or can i file defamation case against her saying that her fasle case has put me under heavy hardship and my career is getting affected.

Kindly advise,

Thanks


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