SidChiBharg (Software) 13 January 2013

Want to write to cji and cj of rajasthan hc. please guide !!

Hi Friends,

Salient features of Divorce Case filed by my estranged wife :

1) Divorce case files u/s 13 HMA. Filed in Family Court in March 2011. Exactly one year after our separation.

2) I got the notice at the end of June 2011.

3) The First hearing of divorce case was on August 2011.

4) Since then we have been getting dates and every time counselling was done. During the month of May 2012 the chair of the Hon'ble Judge of the Family Court was empty so my estranged wife got frustrated and since she is very eager to get divorce from me and start her new life so she files and Application u/s 21 B(2) of the HMA which is for early disposal of her divorce case. She files this application through her lawyer in the Rajasthan High Court and her lawyer very cunningly sends me a scanned copy of the Writ petition on my email id two days before the first hearing date. I consult some of the High Court lawyers and one of my lawyer friend and they tell me to remain calm and wait for a notice to be send to me and after that only we would prepare our reply. All this while I was keeping a track of the case happenings through the website of the Rajasthan High Court. About a couple of dates might have been given and one fine day while I was taking a look at the status of the case through the Rajasthan High Court website I was surprised to see that the Status read : DISPOSED. I called up my High Court lawyer who appraised me that the case might have been decided. I asked him to get a certified copy of the judgement. My High Court lawyers calls me after a few days and tells me that the case has been decided in my wife's favour and that the judge has ordered her case (sec 13 HMA) to be closed over a period of 4 months. This was way back in October 2012.

It is highly surprising that I was not even served a notice for the same and High Court judge gave a one sided decision and accepted her application u/s section 21 B(2) HMA for a speedy trial. I was not given even a chance to put forward my reply and point of view for the same.

The proceedings in the Family Court till now are that issues have been framed by the Hon'ble judge which reads "whether the respondent has treated the petitioner with cruelty as per facts and circumstances as given in the divorce application filed by the petitioner". She has given her examination in chief and I have had taken one session of cross of my estranged wife. Now almost 1 month has left of these 4 months given by the High Court and the Family Court judge has given me a date in the weekday despite my best efforts of requesting him to give dates on Saturdays. The Family Court judge seems to be in a hurry and says that he has to give a decision in the case by 3rd week of February 2013. So in all probability he would call me 2 - 3 times in a week and I would have to come to Family Court at least 2 times on weekdays. I live in New Delhi and my estranged wife lives in Jaipur. On every Family court date I have to go to Jaipur to attend the hearing. I am feeling very depressed and under pressure.

I am a Sr. Software Engineer working in a private software consultancy firm in Gurgaon. I am in a new project now and the project is in a critical phase. One cannot imagine taking leaves 2 days in a week for a period of over a month. Even otherwise if a person takes 2 leaves per week from his office then how would he work? and how would he earn his living? What would he eat to sustain himself. So frequent and so abundant leaves no private office would be willing to give. This way I would be risking and endangering my job. I would be asked to leave form the office. Already I am trying very hard to concentrate on my work and requesting for the court dates on Saturdays.

I WANT complain against the Judge who gave this order and also against the Family Court judge. I would like to write to this to the Chief Justice of Rajasthan High Court and Chief Justice Of India regarding my issue. Please do suggest whether this would be a good idea and on which address to write to them for the same.

Thanks and Regards,

Sid.

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2 Replies

Tajobsindia (Senior Partner ) 14 January 2013

1. Nowhere in your long brief you ever mentioned “I donot want divorce or I want to live with my wife”. Your main issue is that you want to control your wife as per your terms and conditions once she gets frustrated and comes back to you.

2. In today’s gender biased legal situation if your wife is asking for divorce as you say here then give her divorce. You are a Sr. SW Eng. I mean salary is good of such professionals, probably you are young too, living in expensive GGN NCR and by coming Feb. you will be free of her (one chapter will close; divorce).

3. Let us be honest young man to each other here, paying some 4.2 K in S. 125 CrPC which you have recently challenged now is also not that huge a amount for Sr. SW Eng. Here you are killing two birds, earlier DV Interim PO award of 3 K (which means only she managed interim PO on maint. and not other sections under DV Act as interim PO; realise it) and which was increased in mediation now to 4.2 K adjusted as S. 125 CrPC interim Order. Keep paying that as DV Interim PO is till she gets re-married or till finality of the quasi civil case whichever is later and anyhow whatever workup you have done along with collection of citations of other HC’s submitted in S. 127 CrPC they will pay good dividends by final argument stage and under change of circumstances it will be dismissed is my view and case will proceed on finality (I mean the S. 125 CrPC case).

4. Litigation is an Art and your high stress r/w high paying job is hurdle to blink a blink this Art which I say after reading all your postings here before replying to this un-replied thread post.

5. Your litigation stage / current position many other SW Eng. here in various forums may envy so relax let all three cases have natural outcome and meanwhile you concentrate on your career building. The maint. you are paying as per your status is hardly anything and it is a very fresh case not that long ago instituted to hurt your pockets and you seems to have right connections in legal circles too and already getting right guidance’s hence I would not suggest to stir Hon'ble CJI r/w State's Hon'ble CJ as it is too late r/w you recived the Notice and Writs under family matters are not kept pending for indefinite period i.e. on whims and fancies of respondent (either gender) to make an appearance so forget about writing letters now when cross has also take place.

2 Like

SidChiBharg (Software) 14 January 2013

Originally posted by : Tajobsindia
	1. Nowhere in your long brief you ever mentioned “I donot want divorce or I want to live with my wife”. Your main issue is that you want to control your wife as per your terms and conditions once she gets frustrated and comes back to you. 2. In today’s gender biased legal situation if your wife is asking for divorce as you say here then give her divorce. You are a Sr. SW Eng. I mean salary is good of such professionals, probably you are young too, living in expensive GGN NCR and by coming Feb. you will be free of her (one chapter will close; divorce). 3. Let us be honest young man to each other here, paying some 4.2 K in S. 125 CrPC which you have recently challenged now is also not that huge a amount for Sr. SW Eng. Here you are killing two birds, earlier DV Interim PO award of 3 K (which means only she managed interim PO on maint. and not other sections under DV Act as interim PO; realise it) and which was increased in mediation now to 4.2 K adjusted as S. 125 CrPC interim Order. Keep paying that as DV Interim PO is till she gets re-married or till finality of the quasi civil case whichever is later and anyhow whatever workup you have done along with collection of citations of other HC’s submitted in S. 127 CrPC they will pay good dividends by final argument stage and under change of circumstances it will be dismissed is my view and case will proceed on finality (I mean the S. 125 CrPC case). 4. Litigation is an Art and your high stress r/w high paying job is hurdle to blink a blink this Art which I say after reading all your postings here before replying to this un-replied thread post. 5. Your litigation stage / current position many other SW Eng. here in various forums may envy so relax let all three cases have natural outcome and meanwhile you concentrate on your career building. The maint. you are paying as per your status is hardly anything and it is a very fresh case not that long ago instituted to hurt your pockets and you seems to have right connections in legal circles too and already getting right guidance’s hence I would not suggest to stir Hon'ble CJI r/w State's Hon'ble CJ as it is too late r/w you recived the Notice and Writs under family matters are not kept pending for indefinite period i.e. on whims and fancies of respondent (either gender) to make an appearance so forget about writing letters now when cross has also take place.

Hi tajobindia,

1. No, I don't want to control her. All I want is that she comes to a reasonable settlement and leave me.

2. I don't want to give divorce to her. There are several reasons: I don't want by giving divorce I agree to her allegations, secondly, I want to give divorce to her after she abides by my terms and conditions and not hers - which includes she closing all her cases and agree for a no alimony divorce. Also if I give her divorce then she would be a free bird and enjoy her life while I would be lingering around the courts for years to come as she would not close her false cases on me and my parents.

3. Why should I keep paying? She has lied under oath in her affidavit saying that "she has no means to sustain herself" while during both her crpc 125 and her sec 24 HMA she was working in a private school in her hometown. I have file sec 127(1) together with crpc 91 to nullify my maintenance as well I have filed sec 340 for her telling lies in her affidavit and getting maintenance. Won't any justice be done to me? Are you trying to hint that nothing would come out of my filing sec 127(1) together with crpc 91 and sec 340?

4. I understand that Litigation is an art and I also understand that my s/w is very demanding and stressful. I have and I am bearing this for the past 2 1/2 - 3 yrs. now but want to win this as I know that I am on the right side and I also know tha GOD is with me and GOD helps those who are on the rightful path.

5. I would fight all the case and take them to conclusion. I am trying very hard to build my career and let these litigations not affect it. I undestand its late. Cross has not taken completed. Till now only her examination in chief and her one session of her cross has been completed. I suppose there are many procedures to be completed before the Judge take a decision. I would surely want to write to the CJI and CJ of Rajasthan High Court and appraise them of the injsutice which is being metted out to me.

Thanks for your guidance and suggestions. Would request you to please keep guiding and suggesting with all your legal knowledge and experience.

Waiting for your reply patiently.

Thanks and Regards,

Sid.