Whether divorce petition can be heard pending 498a case.

Ih ave posted a detailed reply below so this is deleted ...thanks 

Dear Ms Suhas

It is heartening to see your plight

It is terrible to note that a civil judge himself is treating you like this

I am sure you have various remedies

1. File a counter petition to the divorce petition filed by the civil judge

The basic thing in law is that a person approaching the courts should approach justice with clean hands He cannot be the wrongdoer Bring out this fact beautifully

1.1 in that petition clearly state that the judge / husband had thrown you out and alienated you from your beautifully little daughter

1.2 In Your counter / reply to the divorce petition state that you wish to live with your husband and husband only and that you are ready to fight this case till the end till supreme court also as it contains all false allegations

1.3 if it is his HUF / parents who treated you cruelly if he treated you cruelly state all those cruelties and state that you are ready to live with him if he comes alone and lives with you WITHIUT treating you cruelly

1.4 also claim enhancements fora intensive as RS 10000 is very very low. You should get at least one third salary 

If he has other sources of income find that and also claim

If he is avoiding tax or avoiding / cheating  in income tax catch that also

I think you should also try as you mentioned that the DV case should be completed before hearing starts on the divorce case and the divoce case is a sham and is to throw you out of your matrimonial home without merit and without proper compensation 

1.5 though technically both cases ( 498a and divorce ) can go along together you should fight the divorce case and if you state all your problems and also cry before the judge ( court judge ,,,, not the husband judge ) they will understand My heart goes out for your reading your story

2. These judges happily award laks and laks maintenance on non judge husbands so please search the net and get some good judgements for good maintenance

3. What stage is the divorce case ? is it just posted ? or have you appeared ? is he trying to get an exparty behind your back ??

4 . you can get the divorce case transferred to your home town .

Read the net else please post question here

5 you should get severe compensation for ruining your life and the DV case is the best solution

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Regards

Vinayak

I am NOT a lawyer !!

I am husband who obtained the gift of 498a from the beloved wife a decade + ago.

I was exonerated ... Well I never asked dowry in the first place !!!

I have been helping other victims ever since My suggestions are NOT legal advise . I just tell you the path I travelled . Many tell me it sounds familiar !!

In an observation with far-reaching implications, the Supreme Court has said that a woman who deserted her husband and the matrimonial home and refused to return despite repeated requests was not entitled to maintenance.

Upholding a decision of the Punjab and Haryana High Court, a bench headed by Justice V S Sirpurkar said the law of the land did not allow maintenance in cases where the wife deserted her husband, children and the matrimonial home.

In the case before the Punjab and Haryana High Court, Poonam, who was married to Mahender Kumar of Jind on January 23, 1992, left her matrimonial home on March 18, 1998, alleging harassment and dowry demands. She also left her children.

Poonam later moved the family court, seeking divorce on grounds of cruelty. But Mahender Kumar filed an application before the court on February 20, 2002, praying for restoration of conjugal rights under the Hindu Marriage Act.

She did not respond to the application, and Kumar was granted ex parte decree as it was construed that Poonam would not return to her matrimonial home.

All 3 cases, 498a,Divorce, Domestic violence will be treated and trialed independently.  One can not specify its precedence before the court.

Originally posted by : Suhas Chougule
	I have married to  one civil judge on 24.07.2013. Due to demand for money........

Hoe come u marry on this date???

Originally posted by : Rama chary cell no:9989324294
	In an observation with far-reaching implications, the Supreme Court has said that a woman who deserted her husband and the matrimonial home and refused to return despite repeated requests was not entitled to maintenance. Upholding a decision of the Punjab and Haryana High Court, a bench headed by Justice V S Sirpurkar said the law of the land did not allow maintenance in cases where the wife deserted her husband, children and the matrimonial home. In the case before the Punjab and Haryana High Court, Poonam, who was married to Mahender Kumar of Jind on January 23, 1992, left her matrimonial home on March 18, 1998, alleging harassment and dowry demands. She also left her children. Poonam later moved the family court, seeking divorce on grounds of cruelty. But Mahender Kumar filed an application before the court on February 20, 2002, praying for restoration of conjugal rights under the Hindu Marriage Act. She did not respond to the application, and Kumar was granted ex parte decree as it was construed that Poonam would not return to her matrimonial home.

the mistake that female (in your citation ) did is ".......She did not respond to the application, and Kumar was granted ex parte decree as it was construed that Poonam would not return to her matrimonial home..........."

That is why I am suggesting our dear sister to reply and reply fittingly and transfer the case to her own town 

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Regards


Vinayak

I am NOT a lawyer !! 

I am husband who obtained the gift of 498a from the beloved wife a decade + ago. 

I was exonerated ... Well I never asked dowry in the first place !!!

I have been helping other victims ever since

My suggestions are NOT legal advise . I just tell you the path I travelled . Many tell me it sounds familiar !!

@ vinayak i jus have 1word  for u.... RELAX...... u seem to be more aggrieved than the aggrieved party itself...
mere reading of queries dont pour ur emotions out.....
female is getting maint. under DV ...its 21st century let the womens fighting DV boldly fight cases independently....
wifes should not live like parasites on husbands hard earned income for toiling hours.....
wife cannot ask for everything.....
if she feels aggrieved and not willing to join matrimony, why not going for divorce???
she can fight all cxases and has to fight all cases simultaneously......
wifes do get protection officers and right to reside in  sharehousehold, then why not following and asking undder DV??

for everything only the husband shouldnt be blamed......
she can file a DV , she can contest husbands allegations in divorce and deny it...... she jus has to realise the powers of a bharatiya NAARI OF TODAY SLAMMING 498. DV,125crpc, 24hma etc etc.....
thats all hope the  expert agree....