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ZeroLife498 (na)     30 November 2014

Need guidance : divorce case if not contested vs contest

Dear Sirs ,

 

need any suggestion/pointers/guidance...

 

Brief :-
1. marriage : nov 2012,
2. she left my house 2nd time : june 2013.
3. She used her political,police contacts on how to harass me+family+extended family.

4. She + police (from her contacts) + relatives filed totally falst 498a+dv case after 1 year of seperation and in divorce court counselling after asking for Moon , and confirming that I will  not able to complete her blackmailing.


5. Husband H1 files for Divorce in C1 court.

6. After receiving summon of H1's Divorce, Wife W1 files for Divorce in C2 court  and kept case on hold. (like not issuing summon to H1).but after 8+ months waiting, husband took that by attending court ...

7. W1 wife  always influenced H1s lawyers and that is big pain happening for H1. (this is 3rd time facing same issue again).

8. As H1 has all proofs in place, he wanted to contest case.  H1 Lawyers were ready and amendments were do be done to petition (after 1.5 years all cruelty points , 498a, DV , H1 impotency  false allegation written from Wife W1 etc.)  to add.

 

9. Everything was good till few days, but suddenly H1 lawyer is telling , lets not contest case, Wife W1 is not interested to contest and lets go directly to maintenance... put all your income property on record and lets get rid of her  by giving money. (which H1 cann't afford and She W1 has ruined my life (knowingly)... so H1 dont want to just give her his life's hard earned things and go ahead with cheating new person ... starting new life and ruining my life with those false cases ...)

10. Actually, already gave impotency test application to Hon'ble Court. but this sudden flip is shocking. This is 3rd time H1 saw lawyers talking W1s words ...  They agreed to fight till last few days...they agreed to update petition with those serious charges. but now they are just saying lets not do that... and by pass contest as both of you want divorce ... H1 already paid big chunk of fees... but now of no use..

11. H1 don't want to skip contesting. H1 want to get all her wrong doings/cruelty/ruining my life on paper .. and then wanted to show Court... Marriage to her was just extortion tool...for her H1 is impotent  but full ATM machine. and W1 is getting big chunk of salary .. total 8+ years of exp... 2 times masters...

 

12.  Please, can someone guide,  what is benefit to husband from monetary perspective...  to skip contest and directly go to maintenance stage... or fight  on merit and then let court decide...

 

13. any reference links/books on how maintenance  is decided...  She is earning good salary and admitted in writing in court as well. so in Divorce how money part is decided..  or any thing you would like to suggest....

 

Thank you ! ...
 



Learning

 1 Replies

Jayashree Hariharan (Advocate)     31 December 2014

First of all try to catch hold of a sincere lawyer who will not fall prey... as you say here.

If she is earning better than you and is more qualified than you, court will not order you to give her maintenance. 

If you are out of job, you have the right to ask for maintenance from her, it is not only a woman's right.

You concentrate on the divorce case filed by you and provide all the necessary witnesses and documents to your lawyer. if she does not appear you can get it decided ex-parte(without her). Let her set it aside and fight on merits.

 

Attend the case filed by her, since you are aware of that case. judge will appreciate your presence, provided you tell him that you did not receive summons and yet are a part of the case.

 

 

I would suggest you approach some organisation which will help you to fight your case, men's organisation against such undue harrassments, in your area.

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