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FREEDOM & LIBERTY (Business)     14 July 2013

OP & IA

Hi All

The facts behind this question being.

Husband files divorce on the grounds of cruelty and desertion.

Wife files a IA on the main OP for interim maintainance and Alimony.

During the course of the case husband withdraws the main op.

Judge says the IA is still maintainable.

 

Is the Judge's decision correct ?



Learning

 9 Replies


(Guest)

@ AUTHOR,


AS PER YOUR NAME FREEDOM & LIBERTY YOU HAVE NOT DONE ANYTHING BY KEEPING THE MEANING OF THIS.


REASONS:


1. YOU HAVE WITHRWAN THE DIVORCE CASE , (ONE STEP FORWARD FOR FREEDOM BUT  TWO STEPS BACKWARD FOR SLAVE)


2.NOW WHAT HAVE YOU DONE TO PROTECT FOR INTERIM MAINTENANCE(THIS JUDGEMENT IS VERY MUCH TRUE AS SHE IS LIABLE TO INTERIM MAINTENACE IF ANY CASE IS RUNNING IN PARALLEL WAYS ,SEE HMA & DV ACT.)


3. THIS WITHDRAWL DOESN'T LIES FOR YOUR FREEDOM & LIBERTY FOR THE ONLY CAUSE OF MAINTENANCE.YOU WOULD HAVE CONTINUED YOUR DIVORCE IF YOU DONT WANT TO LIVE WITH YOUR CRUEL WIFE.(WHATEVER TRUTH MAY BE).


4.LISTEN YOUR HEART WHAT IT WANT'S BECAUSE ONCE YOU NEED FREEDOM YOU HAVE TO BECOME FIGHTER TOO.


Regards,


A sufferer........

patrick george (Advocate)     14 July 2013

No the is not maintainable . You have to file fresh op for maintenance

(Guest)

Main petition withdrawn. IA application does not stand.


Either you take back your wife.


or


You file fresh divorce petition.  And for that divorce petition, your wife has to file fresh IA application.


(Guest)

Hi Sir (Helping Hand), am staying in Banglore, please provide me contact number or email id, I want to discuss about my issue. Thanks in advance. 


(Guest)

Check PM.


(Guest)

Hi Sir,Please when can I expect ur details? Thanks for quick response.


(Guest)

Check PM man.  Private message.

FREEDOM & LIBERTY (Business)     15 July 2013

Originally posted by : Sufferer

@ AUTHOR,





AS PER YOUR NAME FREEDOM & LIBERTY YOU HAVE NOT DONE ANYTHING BY KEEPING THE MEANING OF THIS.





REASONS:





1. YOU HAVE WITHRWAN THE DIVORCE CASE , (ONE STEP FORWARD FOR FREEDOM BUT  TWO STEPS BACKWARD FOR SLAVE)





2.NOW WHAT HAVE YOU DONE TO PROTECT FOR INTERIM MAINTENANCE(THIS JUDGEMENT IS VERY MUCH TRUE AS SHE IS LIABLE TO INTERIM MAINTENACE IF ANY CASE IS RUNNING IN PARALLEL WAYS ,SEE HMA & DV ACT.)





3. THIS WITHDRAWL DOESN'T LIES FOR YOUR FREEDOM & LIBERTY FOR THE ONLY CAUSE OF MAINTENANCE.YOU WOULD HAVE CONTINUED YOUR DIVORCE IF YOU DONT WANT TO LIVE WITH YOUR CRUEL WIFE.(WHATEVER TRUTH MAY BE).





4.LISTEN YOUR HEART WHAT IT WANT'S BECAUSE ONCE YOU NEED FREEDOM YOU HAVE TO BECOME FIGHTER TOO.





Regards,





A sufferer........
 

Hi Sufferer

 As per your name, I presume from what you say, you really have suffered a lot.

 I hope you definitely would have understood that this day and age it is not easy fighting a matrimonial case. That too if you are a male every one you come across in the process take you for granted and judge you (this includes you judging me by my name)

  1. As I mentioned in my post what I mentioned here are brief facts and not the bigger picture about my case.  Me withdrawing the main OP is not for getting enslaved but a strategic move. I have other moves on my card.
  2. Yes a child custody case is running parallel, but that is a different OP altogether, will there be a problem even then. I belong to a different faith (Christianity) and will HMA be applicable in this case.
  3. Do not bother about the truth because that is irrelevant for you, I simply needed a clarification on the technical issue. I certainly do not want your advice on whether to live with my wife or not for it is my personal decision and I have already made a decision not to.
  4. If you do not see it already let me make it clear “I am born a fighter".

 Thank you for helping thus far…


(Guest)

@ Freedom and liberty,


Good to hear you that "you are born fighter" keep this spirit going till you not achieve freedom.But in my view age is not a bar for a fighter if he is fighting for his freedom and justice.Ex: -----All mazor freedom fighters of independence of India were not young despite this they have a fire of fighting for freedom of india and they have succeeded.So,just come out from this as your age or situation will not permit you to fight for your own justice and freedom.Just go ahead what ever you have decided and achieve it.


As per your quiry:


1. Guardian and ward act is different case and Divorce is different,but facts and circumstances in divorce do affect in the custdoy of child.


2. If you are christain and not converted as hindu before solemnization of marriage then your marriage is not under HMA whereas it will be under special marriage act.




regards,

 

A sufferer......


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