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ravi (Manager)     22 March 2015

Divorce petition

Hi

I need a suggestion.

My wife and myself got separated in year 2010. Then in year 2012 i have filed case in State X and then i got ex parte divorce on ground of cruelty proved due to high interference proved on record statement by Honorable Judge. 

Now i have two queries:-

1. The party has filed a case of DV in year 2013 in State Y. 

2. Now the interim order of DV states that it is a case of fight between couple for the repayment of the loan of the flat. No Dowry allegation written into this. No maintenance to the lady being working.

3. Meanwhile other side has challenged the divorce ex part decree with in 30 days of the decision, which Judge has clearly seen that it is a case of malafide intention from other side, and hence after nine months even has not given stay and finally transferred.

4. Now new Judge has given the date for next six months after viewing the entire facts for argument, means the next date will complete one year of the Divorce Judgement. 

5.  One another crucial factor is the lady has filed 498A recently which after knowing that divorce has been granted, and separated since 2010, enquiry officer in state Y is little bit calm and cool to take matter further as she was saying that she was not informed about the divorce and separation since 5 years, otherwise would not even touch the case.

6.Now in above events, what is the probability that case can be transferred to state Y later on request of other party.

Please advise



Learning

 7 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     22 March 2015

1) when divorced, surldized to. note how FIR is filed for same cause of action 2) To live peaceful life ifpossible pay loan. but contest not to share loaned hoise

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     22 March 2015

1) when divorced, surldized to. note how FIR is filed for same cause of action 2) To live peaceful life ifpossible pay loan. but contest not to share loaned hoise

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     22 March 2015

1) when divorced, surldized to. note how FIR is filed for same cause of action 2) To live peaceful life ifpossible pay loan. but contest not to share loaned hoise

ravi (Manager)     23 March 2015

Mr. jeevan Patil Your language not understood. Please clarify. Thanks

Adv k . mahesh (advocate)     24 March 2015

thus your wife never appeared in any hearing of the divorce case 

ravi (Manager)     24 March 2015

Will anybody specifically answer my query please...

FightForCause (Businessman)     24 March 2015

Ravi: Your wife can ask for Transfer of case but will be a difficult task for her.

As DV and 498a cases are running at state Y she may argue to shift Divorce also to same state.

 

In 498a case you should try for discharge as you last resided in 2010 and all the events in CS will come of 2010 or before.....so as per crpc 468 " Period of limitation" your 498a should come in limitation act.

You need to oppose her transfer petition ( till now as per your query it has not been initiated ) , as she is a working women and capable of travelling.....recent Sc judgement to this effect can be used.

All the best


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