What is the fate?? 498a, dv, sec-9
Sunny Singh
(Querist) 09 July 2014
This query is : Resolved
Here are the brief facts:
1 - Girl was 26 and Boy was 21, arya samaj marriage was 2008, Sep after a courtship of only 1month
2 - Girl was earning high than boy and there came differences between them
3 - There used to be verbal & physical fights between them most often
4 - Neither girl's parent nor boy's parent knew about this (more of a live-in thing)
5 - Boy moved out in in 2011 to stay in a PG and continued doing job. Girl remained in the same rented apartment, changed the rent agreement onto her name and continued doing job. No dowry demand nothing whosoever. It was more like staying in a rented apartment and sharing expenses.
6 - They agreed to stay as friend and used to meet weekends.
7 - Girl got pregnant and aborted due to her family not knowing about this in July, 2011 despite boy insisting to still get married socially after informing in both the families. Girl kept denying saying that her elder sister was not married
8 - Boy set up his small start up in 2011 and focused on career..girl focused on job
9 - Meeting weekends and phone calls also resulted to verbal disputes and heated up arguments
10 - None agreed to marry or inform parents
12 - Girl left job in 2012 and was forced to resign due to her behaviour in company
13 - Girl did not join any company and got offered part time jobs time to time from boy - there was no discussion or nothing from either end to marry. Girl insisted not to marry and stay like as they are .
14 - Boy chose a partner to marry in 2013
15 - Girl became violent and filed all the cases against him, his family who never stayed with them and all - 498a, DV, section - 9 , 509 etc with all false allegations after informing her family after 5 years about all of these . All are filed by Husband
16 - Boy's got bail from High Court after trial court rejected it
17 - Girl now not doing job and not doing deliberately.
18 - HC ordred interim payment to girl on giving bail to boy
19 - Boy had filed for Divorce with all materials on records - emails, photos of beatings to him from girl
Need further directions? What is it going to be the fate for the boy?
ajay sethi
(Expert) 10 July 2014
boy has to contest case on merits . since girl is highyl qualified and has been working in past rely upon her income tax retruns to fight case for maintenance . try to arrive at settlment with the girl and to convert existing divorce petition into divorcwe by mutual consent
Sunny Singh
(Querist) 10 July 2014
Thanks Mr. Sethi,
But the girl is bent on destroying the boy and has been filing all these false cases against him. She wants the boy to stay with her now despite of their mutual decision about the unhealthy relationship between both 2yrs before and the fact that they have been living separately.
What should be the key factor for the boy to get divorce - what should the boy focus majorly onto getting a decree if the girl does not want.
