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Help - husband doesn't appear on second motion

Page no : 2

Priyanka (None)     07 September 2014

Thanks for all replies. I believe I didn't wrote my complete case details. Apologize to all for incomplete details.

Below are details:

My husband only married to me for money. He used to ill treat with me everyday.

One day I called police and my parents when my patience and tolerance ended. Police didn't filed complaint and I came back home with my parents. Soon after a week my husband filed a case of conjual rights section 9. He lost this case and petition was di-missed by court.
Then he started threating me outside my office and I filed a complaint in CAW and FIR was lodged against him and his family.

After that court sent us to mediation and our mediation was judge and our settlement was done. He and his family got anticipatory bail.

On first motion he returned irsthridhan and some part of amount. On first motion judge gave date of july which was agreed by both the parties. On second motion family court accepted that 6 months is completed and second motion can be filed any time now. We tried to contact him, his lawyer and his family. But no answer from anyone. Then my father spoke to his lawyer and said that he don't have phone number of other party and if other party don't respond and asked us follow further action.

We also send legal notice by lawyer to him and his lawyer. They received but got no response.

Its been 2years now we are separated.

My husband did this settlement only to get bail. Cannot be this contempt of court?

 

 

 

 

 

 

T. Kalaiselvan, Advocate (Advocate)     07 September 2014

Respected Dr. Vashista Sir, sorry for intervening and I may have to respectfully disagree with your views about contempt of law in this regard.  In a case for MCD, the petition is filed jointly by both and after first motion, the court allows time tom both to reconcile and look for an opportunity to  live together if the issues are solved between them that is why they post the matter fora second motion after six months.  Even if one of the petitioner is not in favor of the ensuing proceeding,the abstention indicates the decision, this cannot be considered as contempt of court.  Further in such event, the evidence on oath will be on the second motion only.  The position has been explained properly by Mr. Hardeep, Mr. Maanas, Mr. Chandrasekar.

@Querist: If your husband does not turns up before the court within 18 months from the date of first motion to confirm his decision, the case will stand dismissed subsequent to which you are eligible to file a divorce case individually on this ground as well as cruelty. 

Dr J C Vashista (Advocate)     08 September 2014

Dear T. Kalaiselvan ji,

I fully agree with your views and expert opinon.

The contempt petition, if filed, although non-maintainable, (even the family courts do not  to power/jurisdiction to issue notice) yet it would be subserving as a pressure tactics for the petitioner who is back-tracking his/her statement.

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(Guest)

Phew...

Your issue has been sufficiently answered at.  Agree with experts opinions of JC Vashishta and Kaliselvan.


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