Mani123456 (Engineer) 05 July 2013

Meaning of losing divorce petition

Hi, recently I lost the divorce petition despite able to prove in court followings.

1. My wife admitted in her cross examination that she deserted me, my 2.5 year old son and stayed outside in a hostel for 9 months.

2she admitted that she did not turn up to support me during this time when I was sick, son got sick and my parents also went through surgery.

3.She admitted that my parents have been removed by the police for 498a trial and I am only facing the trial.

4.she submitted in her written arguments that I have psychological disease and suffer from obsessive compulsion disorder , for which she has not submitted any evidence (document in the court).

5. She also tells the court that she still want to live with me provided I stay separately from my parents.

6.she also admitted that after 498a she took the child forcefully from me and changed his school filing affidavit that she is the sole gaurdian of the child. I lost around 85000 Rs of school fees.

Despite proving all these judge dismissed the petition under mental cruelity. I found lot of cases similar to it, where divorce was granted.

I would like to know the followings.

1. What is the effect of losing the case in trial court? I can not stay with my wife so can court force me to stay with her?

2. What will happen to 125 crpc maintenance case filed by her in the same court? I have been giving her 12000 Rs maintenance and also spending around 6000 Rs per month on child education.

3.If I go to high court , I heard that in High court a bench of judges ( 2 or 3) will hear my case. Is it true?

Do they thoroughly check the trial case judgement after going through the trial court case file? Current judge has not taken any of my evidences into account.

4. If I get aquitted from 498a then the divorce will be granted on mental cruelity? Because court did not consider that my old age parents were removed from the 498a case by the police and I was only chargesheeted.

Kindly guide me from your experiences.

Regards

Mani

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Originally posted by : Mani123456

Hi, recently I lost the divorce petition despite able to prove in court followings.

1. My wife admitted in her cross examination that she deserted me, my 2.5 year old son and stayed outside in a hostel for 9 months.

2she admitted that she did not turn up to support me during this time when I was sick, son got sick and my parents also went through surgery.

3.She admitted that my parents have been removed by the police for 498a trial and I am only facing the trial.

You have to come out clean from the 498a, then only you can get divorce.

4.she submitted in her written arguments that I have psychological disease and suffer from obsessive compulsion disorder , for which she has not submitted any evidence (document in the court).

5. She also tells the court that she still want to live with me provided I stay separately from my parents.

6.she also admitted that after 498a she took the child forcefully from me and changed his school filing affidavit that she is the sole gaurdian of the child. I lost around 85000 Rs of school fees.

Despite proving all these judge dismissed the petition under mental cruelity. I found lot of cases similar to it, where divorce was granted.

I would like to know the followings.

1. What is the effect of losing the case in trial court? I can not stay with my wife so can court force me to stay with her?

You will have to approach HC. No court can force you to stay with her, or her with you.

2. What will happen to 125 crpc maintenance case filed by her in the same court? I have been giving her 12000 Rs maintenance and also spending around 6000 Rs per month on child education.

Since you are already paying, if she has claimed more than what you are already paying, court will look into both of your incomes and award maintenance for the child and her, if she is working woman, then no maintenance to her, and you have to provide such details to the court abuot her edu qly, and also income from whatever sources she has, look for my other replies regarding alimony/maintenance as to how to go about it in this forum.

3.If I go to high court , I heard that in High court a bench of judges ( 2 or 3) will hear my case. Is it true?

Depends on how influential you are.

Do they thoroughly check the trial case judgement after going through the trial court case file? Current judge has not taken any of my evidences into account.

Yes, but there too, cruelty meted upon you by your wife should be proved via 498a, then only you will get divorce, if not again your plea will be dismissed.

If you get aquitted from 498a and come out clean, first file a prejury case against your wife, for lying under oath and also file a defamation case against her. If proved in prejury case, she will be awarded imprisonment upto 7 years.

Kindly guide me from your experiences.

Regards

Mani

Adv Archana Deshmukh (Practicing Advocate) 05 July 2013

The court cannot force you to stay with your wife. However, you can file an appeal against the judgment. Why you lost the case and why the court arrived at a certain finding and whether the findings were proper or not and also how much scope you have in the appeal this all depends upon the overall facts of the case and evidence on record and cannot be judged on the basis of 2-3 stray admissions given by your wife in your favor. File the evidence that you are paying maintainance to your wife and child in the s. 125 crpc case

Adv k . mahesh (advocate) 05 July 2013

first you have see about your main 498a case and try to find evidences if you have and come out from that

and already you are paying maintenance then mention in your petition

about high court it depends on the matter and not on any other issues if it is appeal then a bench consists of two judges will hear the case and not more then that and in normal cases one judge will here the matter

Adv. Chandrasekhar (Advocate) 05 July 2013

In the appeal, the appellate court goes through the trial court record to find out that the latter's findings are perverse and not based on record. If that is so, then only the trial court order/decree is set aside. If on the basis of the trial court evidence, two plausible inferences can be drawn out and if the trial court chooses one inference which will be favourable to one party, the appeallate court will not upset such decision. But in matrimonial matters, even though it is not stipulated any where, if the court sees there is no possibility of resumption of matrimonial relationship, ingenious logic be brought into play to grant divorce by appropriately providing monetary compensation to the wife.