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Lord Ganesha (service)     05 September 2012

Judge is baised

Dear Experts

My wife's family and my family have reached an out of court settlement for a fixed amount as one time settlement and mutually agreed divorce. My wife has filed the three  cases u/s 498A , 504 , 406 , and 125  etc. If we file the joint petition for mutual divorce u/s 13 B of HMA and a Decree of Divorce is issued by the Court , then , all the three cases under different sec. of 498A , 504 , 406 , 125 etc. would still effective ? ? ?  Can my wife still harrass me and my family through these cases even after issueance of divorce decree by the court ? ? ?

thanking u in advance  



Learning

 5 Replies

Lord Ganesha (service)     05 September 2012

Dont pay anything until a written order issued by the judge with his signature and seal of the Court .  the verbal orders have no bearings and a judge so biesed can do nothing untill going through a completed proedure of law

rajiv_lodha (zz)     05 September 2012

Maint case will be decided on merits only do not worry. Prepare strong defence n fight like a determined soldier

Prashant Ghai (Advocate) (PrashantGhai.com)     06 September 2012

If the judge passes a written interim order, then you have to pay up. But you do not want to "take pangas" with the judge as well or else he MAY order a higher interim maintenance.

 

So if your advocate can get a written interim order for 2k, that will be in your interest.

cm jain sir (ccc)     06 September 2012

@shalini

There is some raw method to fight maintanance cases. In some places advocate or judge tells the husband that u star paying few amount so that u can tell the court that u r already paying. finally some amount will be decided near to what you are sending.

But if u have merits in your case then dont pay anything. Read the judgements on various grounds where maintanace was denied by court. some of the examples of maintaance denial are:

  1. she is well qualified n doing job or have done job in past.
  2. she has proerty from where regular income is there.
  3. she has not come with clean hand.
  4. she has lied in the court or hidden the facts.
  5. she has deserted husband without any cause.
  6. She is in adultary.
  7. she is married to some body.
  8. The amrriage is null n void, etc.

cm jain sir (ccc)     06 September 2012

@ Ganesha ji, u r not free from court even after getting the divorce decree.


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