Dear Sir,
As I filed divorce case on dated 23-Jan-2014 in my local District Ghaziabad. My wife due to ulterior motive did not appear before the Family Court Ghaziabad and with a malafide intention she file a transfer application at High Court Allahabad on the false and fabricated grounds that she is pregnant and therefore she is unable to attend the court at Ghaziabad and prayed for transfer for my divorce petition to her home district.
That on 13-05-2014 Honorable High court taking cognizance of her transfer application issue notice to me and fixed date for hearing i.e. 11-07-2014 and also given specific direction to her "In the meantime written statement be filed by the learned counsel for the applicant in suit under Section 13 of Hindu Marriage Act pending in the court of Principal Judge, Family Court, Ghaziabad." Order dated 13-05-14 attached
And on 16-07-2014 Allahabad High Court allow the Transfer application to her local district and passed an order for Principal Judge of Family Court of her local district to dispose this case in three month after producing the certified copy of that order. Order dated 16-07-14 attached.
In 20-Apr-2015 she filed a certified copy at her local district Famly court and still she has not filed a written statement in divorce suit. After 20-Apr-2015 Family court of her local district fixed a date 06-May-2015, I appeared personally and she appeared with her lawyer who is Bar Association Seceretary and her lawyer prayed for mediation. I myself object in front of Judge by praying that we had gone through four mediation, which was done by Police while lodging false 498-A FIR by her, two mediation done by CJM of her local district and finally last mediation done by Honorable High Court (Quashing of 498-A criminial proceedings) but she was not present in Police Mediation, she present in last in CJM mediation and had given application that I am a killer and will kill her and finally in High court mediation she appeared and taken the mediation amount of Rs.30000/- which was submitted by me at High court mediation center and failed High court mediation on a first date. Judge ignore my voice and ordered for mediation at her local district in my divorce suit with the excuse that the cases are different.
Mediation got fail and date fixed 06-07-2015. In 06-07-2015 due to illness, I moved an application with my affidavit through my friend giving him an authority letter as my representative. In my application I prayed to Family court for closing an oppourtunity to file written statement by my wife. As she only moved a transfer application and not complying the order of high court dated 13-05-2014 and she is unnecessary making it delay and harrsing me. And also mentioned that Judge should allow ex-partee proceeding and decide my divorce suit within a three months as per high court order 16-07-2014. But Judge taken that application in his record and put a comments that in my personal appearance he will dispose my application. And on the same date her lawyer put an application under section 24 asking for maintenance.
Sir my queries are
1) She has not filed Written Statement as of Now. Judge is not passing any order in compliance of High Court order dated 13-05-2014 and making it delay day be day. And three months already passed as per the high court order dated 16-07-2014. My next date is 21-Jul-2015 and I am going to attend the same. Kindly suggest what should I do, as I am not getting a proper and reliable lawyer at her local district.
2) She has filed Section 24 application in which she is asking for 20000/- Rs for her daily needs, 20000/- one time for her lawyer fees. And also filed a 125 CRPC in same court and Judge is fixing the same date as of divorce suit and still I didn't recieved any notice related to 125 CRPC. Kindly suggest whether the Judge will take cognizance of my availability in 125 CRPC also on same date.
3) Both the maintenance case that is section 24 as well as section 125 can be run parallely. If Not, please guide and support with rules and order.
4) In year 2014 she moved transfer application but not throw any application of section-24, which clearly shows that she want to harrash and linger on my divorce suit as I am attending the date of the case from 400 KM away. Please suggest how should I crack her application under section 24 and make Judge bound to decide the case within stipulated time period given by high court.
5) Is there any relaxation in binding high court order to decide within three months??
6) Authroized represntative had simply filed my application with affidavit on 6-Jul-2015. Is something is objectional by opposite party. If not, please support with rule & order.
Sir, please help me with your expertise.
