After decree under section 9
Prashant K Gupta
(Querist) 25 July 2015
This query is : Resolved
मेरी शादी ०७ मार्च २०१४ को हुई थी । शादी के ३ दिन के बाद मेरी मेरी पत्नी अपने पिता, भाई और ताऊ के साथ बिना विदाई के चली अपने मायके चली गई । मैंने और मेरे परिवार ने उसे वापस लाने की बहुत किशिस कोशिस की लेकिन वो टालते रहे । मैंने खुद पत्नी से मोबाइल से बात की लेकिन उसने भी टालमटोल किया । अंत में मैंने विदाई के लिए केस दायर किया लेकिन पत्नी की तरफ से कोई भी नहीं आया इसलिए न्यायालय ने तमीला मानते हुए एकतरफा फैसला २४.०५.२०१५ को दिया और मेरी पत्नी को आदेश दिया कि २ माह के अंदर वो विदा हो कर आये और पत्नीधर्म का पालन करे ।
मेरा सवाल है कि
१) क्या मैं तालक के लिए अर्ज़ी दे सकता हूँ ?
२) क्या होगा यदि तालक की किसी भी सुनवाई में पत्नी की तरफ से कोई नहीं आया ?
३) पत्नी ने गुज़रा भत्ता के लिए एक अर्ज़ी दी है चूकि उसने अपने अर्ज़ी में जितने भी बिंदु कहे है गलत है जैसे : घरेलू हिंसा, वैवाहिक सम्बन्ध न बनाना, तिरस्कार करना और दुबारा आने पर जेवरात छीन कर भगा देना (जबकि वो दुबारा आई ही नहीं), किसी महिला से सम्बन्ध होना आदि ।
४) हमारे बीच जो बात मोबाइल से हुई है वो रिकार्डेड है साथ ही साथ टेलीफोन का बिल और परीक्षा कार्यक्रम जिससे ये पता चलता है कि उसका ये कहना गलत है कि वो दुबारा आई है ।
SAINATH DEVALLA
(Expert) 25 July 2015
Better get the query translated into English
Prashant K Gupta
(Querist) 25 July 2015
Dear
SAINATH DEVALLA
___________________________________
I had got married on 07.03.2014. After 3 days of marriage, my wife went to her parents' house with her father, brother and uncle without a farewell. I and my family tried to get him back but she kept delaying. I spoke to my wife with phone but she was doing inattention for come back. Finally, I had filed a case for farewell. But no one came from the wife so the Court gives unilateral decision on 24.05.2015 and ordered to my wife that she will came within 2 months from the order date.
My question are
1) Can I apply for divorce ?
2) What happen if no one come at the hearing of divorce?
3) My wife had filed an application for maintenance. All the points in his petition are saying is wrong, such as: domestic violence, avoiding sex by me and I have physical relation to another woman.
4) We have has been recorded the matter on mobile and telephone bill and Time Table of his examination programs so that it is wrong to say that he has come again.
SAINATH DEVALLA
(Expert) 25 July 2015
What do U mean by farewell?
What could be the reasons for her behaviour,come out with full facts for a correct solution
Prashant K Gupta
(Querist) 25 July 2015
Farewell=Vidai
1) May be she is not interested on arrange marriage but his family forced to do it with me.
2) I am B.comm and she is MA.
3) I am brown and she is whitish.
4) as per our conversation I think that She is not Interested to live joint family.
Sudhir Kumar, Advocate
(Expert) 26 July 2015
You tried well but failed.
The RCR case is almost tested method of provoking wife to file true/false case of dowry demand and get the entire family framed up and locked in so that she can justify her going away. There are numerous queries on this forum for such cases.
Anyway your wife had been very slow she has not made any such allegations and provoked further she may take this step.
Sudhir Kumar, Advocate
(Expert) 26 July 2015
your specific questions are
1) Can I apply for divorce ?
ANS ; YES
2) What happen if no one come at the hearing of divorce?
ANS ; EX-PARTE ORDER CAN BE PASSED. But this will not happen.
3) My wife had filed an application for maintenance. All the points in his petition are saying is wrong, such as: domestic violence, avoiding sex by me and I have physical relation to another woman.
ANS : BUT YOU WANT TO PAY NO MAINTENANCE?
4) We have has been recorded the matter on mobile and telephone bill and Time Table of his examination programs so that it is wrong to say that he has come again.
ANS : NO USEFUL VIEW CAN BE OFFERED WITHOUT HEARING THE RECORDING.
WHICH TIME TABLE YOU ARE REFERRING TO.
V R SHROFF
(Expert) 26 July 2015
RCR cannot be executed...so a useless litigation.
Once you file Divorce, she may ask Mtn u/s 24, and prolong the legal proceedings. That will adversely affect you.
You have no ground at present for Divorce, so your petition will fail, even if ex-parte.
Better contact her tru common relatives and friends, and decide either to live together, or file MCD.
Prashant K Gupta
(Querist) 26 July 2015
Mr Sudhir,
I am not hiding any facts.
My wife is not mentely prepare for joint family.
SAINATH DEVALLA
(Expert) 27 July 2015
"Not mentally prepared for joint family" and hence divorce,morally and ethically vague in nature.
"1) May be she is not interested on arrange marriage but his family forced to do it with me.
2) I am B.comm and she is MA.
3) I am brown and she is whitish.
4) as per our conversation I think that She is not Interested to live joint family."
If these are the reasons for separation, the heavens will stop involving in human marriages,as it is said "MARRIAGES ARE MADE IN HEAVEN"
Prashant K Gupta
(Querist) 27 July 2015
Dear Sirs,
I am not hiding any facts from any ones.
I also tell truth on written while hearing of maintenance so she can not say that she was not know about "Case of Vadai"
Also I asked him that when she what to come so I can take him back.
Prashant K Gupta
(Querist) 10 October 2015
My wife is not pickup my calls and not answering any whatsapp & Hikes massaging.
Its very horrible if she turn his face when I want to talk him.
Can we file divorce case ?
What is the ground for file divorce case ?
SAINATH DEVALLA
(Expert) 10 October 2015
Still U R thinking of divorce only even after 2 months.Not picking up calls ,not responding to messages is not a valid reason.These 2 months U have not sincerely tried to personally meet her and solve the issue which is not a ground for divorce. U are talking only from UR point of U,U have never tried to understand her dislike to stay in a joint family.UR mind is keeping revolving around divorce, divorce and divorce only.
I have given my final views and the rest is left to UR fate and wisdom how U get UR family life repaired.
Prashant K Gupta
(Querist) 10 October 2015
Dear SAINATH DEVALLA,
after 12.03.2014 there is no contact between us.
Its a long time to repair our relational.
If she is not want to talk then how can I repair our relational.
