Hello Sir,
I applied for divorce on Sep 2012 and the case is still dragging on. Every hearing the opposite party is dragging the case by presenting false medical certificates.
On my last hearing I was virtually in tears and had to talk to the judge directly on the above. The judge initially rebuked me for talking to him directly but later cautioned the opposite party that they need
to present the counter on Jan 23 2014, a sort of speaking order saying no further adjournment. My lawyer was quite all along.
I filed a divorce because I found her love messages saying " hello darling .. when are you coming online " "come to yahoo messenger" "who will be happy in life you or me"
"timid fellow you should have been brave and married me " .. I missed you" " I will call you before leaving" .I took her to the parish priest and showed all the messages.She accepted sending the messages
All the conversation is voice recorded.
"timid fellow you should have been brave and married me " .. I missed you" " I will call you before leaving" .I took her to the parish priest and showed all the messages.She accepted sending the messages
All the conversation is voice recorded.
Every weekends there were fights when I used to catch her doing wrong. Every weekends I used to send emails to the parish priest , to her and her father but they would all go in vain. The parish priest would try to pacify me.
She left me in Singapore and then stole all the gold jewellery from the SBH bank locker which I had opened in her name (I was paying the locker rent) and then went to her native place and aborted my
3 month baby.
3 month baby.
Later filed DV/maintenance case against me by putting all the heinous allegations on me sating that I raped her on day 3 of pregnancy and her stitched opened because of this ( Day 3 she was still in KKH hospital Singapore) and that I attempted to have s*x with my 2 years son and used to play with his private parts.
I have all the video recording/pictures to negate this where she is seen as happy after the purported rape.
I have a 2.6 yrs son who is still with her.
She is highly educated a PhD holder from US. She is not giving me divorce but his vociferously fighting the maintenance case against me from her native place.
She is sending emails to my manager asking from my salary details and has already made me a laughing stock here.
My questions
DIVORCE
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1. Does the above amount to cruelty and will I get a divorce. I have all the proofs (voice recording, sms messages, will ask for call records, bank statements, my email messages to the parish priest)
2. After the speaking order can they transfer the case to their native place to still drag the case ? God forbid , if this should happen how long will the case drag on. It is all most 1.5 years now.
Can the transfer be challenged in the higher court.
3. If they do not present the case on Jan 23 2014. Will the judge declare the case as ex-parte? Will they still persist the case in 30 -90 days period.
MAINTENANCE ( Is She entitled ?)
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1. She is highly educated a PHD holder from US (Having worked in India and USA) before marriage
2.She aborted my child (later blamed on me, saying that I kicked her on her stomach so she got aborted) and decamped with all my gold belongings from the SBH bank locker.
3.I used to pay her 9800 monthly in her bank account. She did not disclose this.
4.Will the judge take all the above mentioned points into consideration while deciding the alimony. She has stated that I early 4,50,000 monthly and demanded monthly 1 lakh to her and 1 lakh to my son as alimony.
5.I work in Singapore. Can they lay their hands on my salary slip via the Indian embassy route. Will the judge give them the permissions to do so after seeing all my proofs .
6. Can they file 498A now. Not a single paisa of dowry was taken.
7. My lawyer says that she is not eligible for maintenance (given my proofs) and in the worst case she may get 10,000 to 15,000 monthly no matter what your salary is. Is this correct?
