LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ravi (a)     01 April 2014

My divorce status

hi all,

pl see my divorce status:

1. i filed divorce case

2. my wife filed dvc and 498a cases

3. my wife went upto supreme court to trasnfer the divorce to her city

4. after 2 and 1/2 years, she filed the reply

5. my divorce lawyer suggests to file guarding & custody suite for my daughter, so it will be a good clause for me to say that i have good love towards my daughter.

 

is it okay to file? i know a separate case is a time consuming stuff and money stuff, i am already traveelin 1000+ km for these cases. pl suggest good weapons about this.

 

i have full solid documentary proof to prove my wife's cruely and desertion.

 

regards,



Learning

 4 Replies

Gautam Kapoor (IT professional Studying Law)     01 April 2014

hi all,

pl see my divorce status:

1. i filed divorce case -> On what grounds. Reasons?

2. my wife filed dvc and 498a cases -> Normal.She is bound to follow the traditional steps.

3. my wife went upto supreme court to trasnfer the divorce to her city -> How many hearings passed,what stage is the case. Have you not countered her transfer ? Why ?

4. after 2 and 1/2 years, she filed the reply -> Which Reply,Divorce ? what were you doing ? Why was not a speaking order asked for ?

5. my divorce lawyer suggests to file guarding & custody suite for my daughter, so it will be a good clause for me to say that i have good love towards my daughter. ->Suggestion is good but to no avail.You daughter will stay withe her mother till she attains maturity. Unnecessary expenditure.

 is it okay to file? i know a separate case is a time consuming stuff and money stuff, i am already traveelin 1000+ km for these cases. -> Advised above.

pl suggest good weapons about this. -> Weapons, fight the case on merits if your conscience is clear and you have done NO WRONG... ELSE PAY UP...

 i have full solid documentary proof to prove my wife's cruely and desertion. -> Use them to fight . All the best. You are not alone in this fight. See around and you will see 1 in 3 families facing the same issue. All the best. Cheers.

 

regards,

Ravi (a)     03 April 2014

hi,

Thank you so much for your answers.

i filed divorce on the grounds of cruelty and dessertion.

she filed reply to my divorce 2 days back denying all the allegations. i have full proof in video and audio format. let me know how i can produce this video/audio as my lawer says in the next hearing, i have to submit my statement. should i submit the evidence (video/audio) while giving the statement? if i do so, she will come to know that i have video/audio proofs and she will play different tactics in divorce case and the same in dvc/498a cases. in dvc/498a cases also, she is not coming up to give statement and witnesses. now her divorce lawyer says we will file interim pertion in divorce to claim 1/3rd salary and legal expenses (nearly 5 lakhs). please let me know is this acceptable by divorce judge? if so why, she left my home on her own accord, she didnt reply to my rcr notice and she stayed away 1 1/2 years from me.

 

moreover, she worked beofre marriage and now i came to know she is working in a school. she has her mother's propery and getting rent from 4 shops. she is the only girl in her family. in this situation, how can court grant 1/3 of salary and legal expenses when the fault is her.

pl let me know what i can do to dismiss her interim maintenace if she does so?

 

regards,

Gautam Kapoor (IT professional Studying Law)     03 April 2014

i filed divorce on the grounds of cruelty and desertion. ->Good.

she filed reply to my divorce 2 days back denying all the allegations. -> Perfectly legal and according to norms.

i have full proof in video and audio format. let me know how i can produce this video/audio as my lawer says in the next hearing, i have to submit my statement. -> This all should be submitted during the trial stage.Not now.High cope of being misused

should i submit the evidence (video/audio) while giving the statement? if i do so, she will come to know that i have video/audio proofs and she will play different tactics in divorce case and the same in dvc/498a cases. DV/maintenance and 498 cases are different. Only submit proofs that are needed.

in dvc/498a cases also, she is not coming up to give statement and witnesses.  -> Perfectly legal and according to norms.The opposite counsel is well learned.

now her divorce lawyer says we will file interim pertion in divorce to claim 1/3rd salary and legal expenses (nearly 5 lakhs).-> Perfectly according to norm if not counteracted with proofs.

please let me know is this acceptable by divorce judge?if so why, she left my home on her own accord, she didnt reply to my rcr notice and she stayed away 1 1/2 years from me. -> Mention your RCR notice to the family judge and that she is working.

moreover, she worked beofre marriage and now i came to know she is working in a school. she has her mother's propery and getting rent from 4 shops. she is the only girl in her family. . -> Mention your RCR notice to the family judge and that she is working, highly educated and not a indigent lady.

in this situation, how can court grant 1/3 of salary and legal expenses when the fault is her. -> Your lawyer should plead to the contrary.THIS IS A CRITICAL STAGE If he is unable,better to change him given the proofs that you have.In advance give him a notification to this effect.If unjust orders are passed this can be challenged in the higher courts.

pl let me know what i can do to dismiss her interim maintenace if she does so?

Ravi (a)     12 April 2014

hi,

today, my cruel wife submitted to claim legal expenses (huge money) in my divorce case. next hearing posted after 1 week.

she trasnferred the divorce case from one state to another state for her own benefit. not sure .why is she asking legal expenses. Pl help me how to counter back and how to avoid this legal expense.

any judgements? any other referrences? pl help!

 

regards,


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register