Need expert guidence in divorce

Are you sure about the dates?

Its confusing about the dates you have mentioned.

Divorce can be filed only after completion of 1 year from date of marriage.  Who filed first that one will count.

No two applications of same nature will be entertained.

As your wife has given in writing that she is not interested in pursuing this case, you will get ex-parte decree of divorce.

But at any point she may tell she wants to continue living with you and contest the divorce case.

Divorce case different.  Domestic violence case different.  Both will run in respective courts where they have been filed, no question of merger unless you move such an application in principal family court.  Relief u/s 23 is exparte orders and court need not wait for you to tell your story/if you tell your story too it wont matter to court, it will pass on orders.  If, you dont pay the maintenance ordered by the magistrate, magistrate will issue warrant in your name, and send you to jail.  If you are not caught, he issue NBW, non-bailable warrant, and if you are caught, no bail for it, until magistrate wishes so you will be in jail.  Such maintenance ordered will be from date of application and not from date of order.

In 498a first chargesheet should be filed. then comes rest of circus.  Now no need to go to HC.

Q4: I am worried about the alimony and permanent maintenance that she has claim in her divorce petition? I have no property, No bank Balance, No other movable & immovable (except bike) in my name and owned by me solely. But still I am worried what court will directed me to pay her legal ransom i.e. alimony and permanent maintenance. I am salaried person and depend on salary

Opinion:  As you are almost pauper cheeti, dont have anything in your name except your salary, nothing much will affect you, if you are in private job, tirupati panganama for your wife.  But if your wife has details of your salary [salary slip/bank statement, address of your employer] your wife can get some maintenance based on it, usually 1/3rd of take home income [income after all deductions and expenditure is take home income and such should be made known to court in order for it to arrive at a figure of maintenance, as there are no issues out of marriage, your maintenance will be less when compared to that of spouse having kids].  If you dont pay maintenance at all, your bike might be impounded, sold off or given to your wife.

But in all of this one should appreciate your guts to get married.  You have absolutely nothing in case of any kind of emergency but still you got married, on what gaurantee?  That too in these days its very difficult to live, and you got married only with salary back up?  Perhaps like many, you have wealthy parents who have lot of bank balance.  Marrying on that basis has lead to this catastrophe .

Regarding your questions :-

1. As your divorce case filed in Delhi Court was admitted and summons were issued to your wife subsequent petition filed by your wife for divorce can be construed as consented divorce if admitted by the second  court although second court has to reject it. Because parallel proceedings on the same subject and same  cause of action is barred by law.

2. Divorce  case is a  matrimonial dispute whereas Domestic Violence case comes under the purview of DV Act which is a quasi-criminal proceeding and sec.498-A IPC is a criminal act comes under the purview of Indian Penal Code. Hence, latter offences have no relation with Divorce and can be continued even after the disposal of divorce petition.

3. Although complaint under sec.498-A IPC is under F.I.R stage which has not been affected or caused any injury to you High Court will not accept your quash petition on the ground of its prematurity

4. According to law you are liable to pay alimony at the time of divorce merely because you have no properties or assets to pay alimony will not be taken up as valid ground for relief.

Respected Biswanath Roy Sir, its my pleasure to response of my query and many thanks to you.

Its okie if the court will continue the DV case proceedings. Here is the legal technicality that I want to clear:

She has filed the Domestic Violence case U/s 12, 17, 18, 19, 20 (B) (C),(D), 21, 22 & 23(2) PWDVA-2005 and as per the abovementioned sections all few are conflict with Divorce case. i.e. If she want to reside with me as per

·         U/s -17 (Right to reside in a shared household),

·         U/s-18 (Protection orders)

·         U/s-19 (Residence orders)

What about above mention sections under which she has sought for relief?

It is very interesting and complication both in this case that first my MIL threats me for false dowry case from the beginning. I tried to control the situation but all waste. Finally I go to Delhi Court  for relief and filed the RCR (U/s-9) in Nov, 2011 and the court has passed ex-parte order in favor of me in May, 2013. After the 9 months in Feb, 2014 my wife has filed Divorce case and no intimation/summons/notices has been served by Allahabad court as well as by my wife. She got ex-parte Interim Maintenance order in May, 2014. Simultaneously she has lodges FIR U/s 498A IPC in May, 2014. Finally after comes to know about these fraud Case and FIR I had filed appeal in Session Court to set-aside the lower court Orders. The case is in under trial and reduces the maintenance amount as a relief to me. After that my wife goes to Allahabad High Court to challenge the session court proceedings but the High Court has rejected the appeal of my wife. Now she filed the Divorce Case in Nov, 2014. Means she has filed all fake n fraud cases on the ground of baseless and fake issues. I have suffer a lot n lot financially, mentally, physically and socially and loss the peace of mind and working efficiency.

I don’t want to pay any single penny to her as an alimony and maintenance as she has not deserved for that. But the “Gender Biased Law” is a big problem for all of us who are innocent.

God help me!

Originally posted by : Anil Kumar
	I don’t want to pay any single penny to her as an alimony and maintenance as she has not deserved for that. But the “Gender Biased Law” is a big problem for all of us who are innocent. God help me!

There is one way out for you from this headache.

One, you won RCR, so no giving money to her at all, second is, if your wife has moved out of your house on her own accord ie on her own will, then this amounts to desertion.  And such a woman cannot be given any relief such as maintenance.  If that's the case, your stand should be like this in court "She left on her own will and wish, I wont pay a single penny to her".  

Make use of the following judgement from Honorable Supreme Court of India.

"NO ALIMONY IF WOMAN WALKS OUT ON OWN ACCOUNT: SC

A wife is not entitled to maintenance if she walks out of her matrimonial home willingly, the Supreme Court has said.

Dismissing a woman's petition seeking Rs 4,000 as monthly maintenance from her former husband, a bench headed by Justice V.S. Sirpurkar on Monday said: "You left the matrimonial home on your own and now you want maintenance. Is this the law of the country?
 

What is the justification for your staying separately?" The court upheld a Punjab and Haryana High Court order denying maintenance to the petitioner. The woman had left her matrimonial home and children in Jind, Haryana, in 1998, accusing her husband of demanding dowry.

She then moved a local court seeking divorce on grounds of cruelty. Her husband filed a petition for restitution of his conjugal rights. In 2003, the court dismissed her plea for separation.
 

Despite a judicial order, she did not return to her husband.

A year later, the woman approached the court again, asking for divorce and maintenance. Her divorce plea was granted, but her appeal for maintenance was turned down.

A wife is not entitled to maintenance if she walks out of her matrimonial home willingly, the Supreme Court has said.

Dismissing a woman's petition seeking Rs 4,000 as monthly maintenance from her former husband, a bench headed by Justice V.S. Sirpurkar on Monday said: "You left the matrimonial home on your own and now you want maintenance. Is this the law of the country?

What is the justification for your staying separately?" The court upheld a Punjab and Haryana High Court order denying maintenance to the petitioner. The woman had left her matrimonial home and children in Jind, Haryana, in 1998, accusing her husband of demanding dowry.

She then moved a local court seeking divorce on grounds of cruelty. Her husband filed a petition for restitution of his conjugal rights. In 2003, the court dismissed her plea for separation.
 

Despite a judicial order, she did not return to her husband.

A year later, the woman approached the court again, asking for divorce and maintenance. Her divorce plea was granted, but her appeal for maintenance was turned down"

Further, your lovely can claim maintenance under only one section of law, and not multiple sections in different courts.  You may make use of the attached judgement.

As you are sure that the cases filed by your wife are false one's, once you come out of these cases, file perjury case on your wife, as lying under oath is a punishable offence under law.

Avoidance to pay alimony rests upon the order in MAY 2013 relating to your RCR petion ( u/s 9 ) filed in November 2011.

Once again many thanks to “Sir Biswanath Roy Jee” and “Helping Hand” and I really appreciate your efforts to solve the others problems.

The final extraction of above discussion by “Sir Biswanath Roy Jee” and “Helping Hand” that only “RCR” will give me the some relief and only hope to survive from alimony and maintenance in Divorce Case either filed by me or filed by her.

Now How can I quash the Divorce Proceedings filed by my wife at Allahabad as I discussed earlier that I have already file Divorce in Delhi and the proceedings are still pending from both sides. (3 Hearings has been done at Delhi Family Court and I got the first summons by Allahabad Court and the next date will be in same month within the gap of 15 days.)

Give me some refine concluded suggestions / valuable advices.

A xerox copy of the certified copy of your wife's divorce petition showing date of filing in the court concerned and a xerox copy of your divorce petition along with dates of orders passed so far are inevitably required to show you the right path for quashing divorce petition of your wife. But for such service you shall have to pay professional fees.

While my senior and respectable Advocate Mr.Biswanath Sir has given a detailed advise and suggestion to your issue, I simply agree with his views and request you to follow his advises scrupulously.