I am the petitioner and filed my divorce petition in 2012 on the grounds desertion and cruelty. She did not appear even after a year. I got a high court direction to close the case within 9 months. She appeared in the court after 1.5 years and filed for Restitution of Conjugal Rights and Interim Alimony.
Rs.10000 per month was ordered as interim alimony and Rs.25000 single payment was ordered as litigation expenses. I was jobless even before she files the case against me and I never paid.
But she did not forced to pay it and we got the judgement in 2014.
Judgment states as follows (in short):
1. Petitioner applied for divorce on the ground of desertion. From the records and evidences, it is noticed that the petitioner filed the case after 23 months of separation which not satisfies the eligibility of 2 years as per law. So, divorce cannot be granted on this ground.
2. Petitioner applied for divorce on the ground of cruelty. He stated that the allegations lodged against him by his wife caused mental cruelty to him. During interrogation, wife failed to prove the allegations she sought and some allegations are to be considered as lies. So, divorce can be granted on this ground.
3. Respondent asked for restitution of conjugal rights. It is to be noted that she lodged lot of allegations not only against her husband but also against her in laws. A doubt is arising that this petition for conjugal rights filed without the true intention of joining with spouse. It is the duty of her to prove her allegations. She did not produce any document to support her allegations.
Even though, some ifs and buts are in their matrimonial life, they are blessed with a girl child and this court has to consider the future of that child too. By taking care of this, this court grants Judicial separation as an alternate solution to the petitioner. Restitution of conjugal rights of respondent dismissed without cost.
My questions are:
1. If I filed divorce petition again after 1 year of this judgement, can respondent stop my case by showing the pending of interim maintenance? Some lawyers say, it is to be paid only upto the case proceeding. If judgement came, you don’t need to pay. Is it true?
2. Can she file Restitution of conjugal rights again? (as already the same petition was dismissed)
3. How could she defend if I filed for divorce again?
4. Can she asked for maintenance again? During her interrogation she stated that she have higher financial status than me.
Experts, please guide me and help me to come out of hell.
