Hi,
Need expert suggestions on my case.. Below are the details of my case.
I got married in August 2005. For few months my wife and myself lived happily but personality clashes, ego conflict developed slowly.
In March 2007, while I was at office, my wife left the matrimonial home at Hyderabad and she went to her parents house at Vizag even without informing me. Afetr several medialtion by my parents via phone with her her parents, after 11 months,
she returned back to Hyderabad and joined with me in February 2008. Howverer even second time she stayed for a short period of 25 days. She again left the matrimonial home on March 06th 2008 and again without informing me while I was not at home.
After she left for the second time there were no phone calls from her or her parents/relatives. I and my parents also kept quiet for 7 months and in the end of September 2008 we sent her a Lawyer notice stating the facts and asking her to come and settle the issues within 2 weeks of the reciept of the notice.
But after recieving my notice, she sent a reply notice stating all wrong facts that I harrassed her demanding additional dowry and my self and my parents used to beat her and we subjected her to physical cruelt. I was schocked seeing the reply notice from her.
Within few days of sending the reply notice she filed an FIR in Vizag police station for 498-A case and on the same day she filed a maintanence petition in the Vizag family court. Immediately after filing the FIR for 498-A case in the police station she sent police to my house withing 3 days in order to get me arrested. My parents are staying at a different place and they are not related to my matrimonial affairs but even then she included my parents also in the 498-A case.
However, my Lawyer was cautious enough and he applied for aniticpatory bail for me and my parents and we got anticipatory bail and myself and my parents were not arrested. My wife filed the maintanence case by suppressing her employment in public sector bank. The Vizag Family court Judge dismissed her maintenance petition since she is already working in Public sector bank and we DO NOT have any children
After these incidents, I filed a Divorce petition on the grounds of Cruelty and Desertion in May 2009 at Vizag Family court ( because even if I file in Hyderabad family court, since my wife is staying at Vizag, she can get the divorce case transferred to Vizag). I mentioned in my divorce case that my Wife deserted me in March 2007 and also filed a false 498 A case against me and my old and sicky parents. When I filed the divorce case, the 498-A case is still going on in Vizag Sessions court.
However, My divorce petiotion is dismissed in January 2010 by Vizag Family court. The Judge mentioned in his Order that " Mere filing of 498 A case does NOT constitute Cruelty" since we were NOT arrested in 498-A case and for Dessertion clause, since my Wife left the matrimonial home for the last time on March 06th 2008 and I filed the divorce petition in May 2009, the Mandatory 2 year period for dessertion is not yet completed by the time I filed the divorce petition in the Vizag Family court. The 498-A case judgement did not come by the time divorce case Jugdement has come in January 2010.
In Febraury 2010, the 498-A case that was running in Vizag Sessions court was also dismissed by the Sessions Judge stating that the allegations were NOT proved against me and my parents.
Now I filed an appeal for my Divorce in A.P. High court in March 2010. By the time I filed my appeal in High court, the mandatory 2 year period was over, even if you consider the date, the last time my wife left the matimonial home i.e. March 06th 2008.
Now my quetion is will High Court consider the appeal filing date as the "Divorce filing date" or will it tsill consider the divorce filing date as trhe one filed in the lower court i.e May 2009?
I contended in the lower court that a short period of 25 days stay should not be considered and the desertion date by my wife should be considered as March 2007 but the lower court did NOT consider that. Had the lower court considered my argument, then the mandatory period of 2 years would have been completed by the time I filed divorce in the lower court ( Vizag family Court) itself because she first desserted me in March 2007 and I filed my divorce case in May 2009. But court did NOT consider her first desertion date.
Also now since the 498-A case was also dismissed, now I have a strong contention that I was subjected to mental cruelty because of False 498-A case, and my wife tried to play fraud on the lower court in the maitenance case by suppressing her employment and claiming maintenance from me and late was NOT able to win that case.
Will my contentions be enough to get divorce from her? Does filing a false 498-A case constitutes cruelty? Does "DESSERTION" clause come into effect in my case in High Court considering my appeal filing date?
Please provide your valuable updates..
