prem kumar 07 April 2017

my old case is dismissed for arrears I want to file new divorce case URGENT PLEASE

URGENT REPLY PLEASE In 2005 i had filed case of divorce based on cruetly but 2010 there was lapse of 125000 and i paid 20000 to my wife that time and told them to wait and i will pay the rest but my side pleaded and and i took her back and we could not stay together for even a month again some problems started since i expected this i told my in laws i will give her a potion of my house wherein she can reside and i will pay monthly expenses to avoid fights and trouble she can leave as per her wish because my son was studying 2 nd std that time i wanted my son to grow up in my care now since my son is of 14 years and going to 9th std they want to go from area to their dads area literally they are asking for maintenance (i should pay for new admission they are going to make costly school) or divorce can i put a divorce case on them freshly when one case pending on the ground of arears what are the consequences thank you in advance

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4 Replies

NATARAJAN IYER (Proprietor) 07 April 2017

If a case is dimissed, request for RESTORING the same.

Clear the arrears first and that would be a strong point in your defence.

But you may also tell the court how you have offered a portion to reside in the interests of

the family ( and son ) proving thereby to be one of good intentions.

But, meet a senior advocate ( designated senior advocate ) and seek proper guidance on procedural law.

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Praveen Kumar (Intern Lawyer) 07 April 2017

Mr. Prem,

You need to file a fresh case with the reference to your previous case. The circumstances are changed now and you have to proceed accordingly. You cannot denied to pay for the education expenses of your child but the court will order for the education expenses of your child as per your income.

prem kumar 07 April 2017

Thanks you both for the prompt reply :)

prem kumar 13 April 2017

Sir now I am in dilemma if at all I file a case again but will not able to pay the old arrears immediately I may require 6 months time will I be granted time or my case will shown as default and dissmised but what is the best decision for now just leave as it is and keep paying 4000 (actually expenses come upto 8000) which I am paying through bank or file a case and go through the court procedures and see what happens and if my case keeps running till my death also no problem but I want little peace from this direct hsrrasment of my wife side please give a thorough taught I am 42 now and can they tell they want settlement in 6 months mcd