Metromonial disputes.

ad (Querist) 24 November 2014 This query is : Resolved
Sir,

1. I resided at Rajasthan and my wife at Maharashtra.
2. Married at maharashtra in 2004.
3. there was dispute from the begning.
4. she resided at our home only 5 months in 2 years.
5. then in June 2006, stratageically she filed cases against me and my all family members which are:

A) 498-a, 406 - at Rajasthan on evidence stage.
B) u/s 125 - decided on 2008 and Rs. 1500/- ordered which i am paying regularly.
C) u/s 18 of Hindi Adoption and maintenance Act - pending on evidence stage (in which I has filed application for amendment in W.S. which is allowed by JMFC court, but my wife has challanged it in High court(still i am not aware officially about it).
D) sec. 9 of HMA with Sec. 24- in sec. 24, Rs. 1500/- P.M. granted by CJ(SD)in 2014, ( i came to know that she has also challenged it in high court). sec 9 is pending on evidence.
E) 405,406 r.w. Dowry prohibiton Act- Dismissed in JMFC.
F) an appeal against order of 125 - She filed in DJ court in 2008 and same dismissed in 2014 without any information to me.(I am not aware about it officially)
G) She filed appeal against order of 405,406 case- this also dismissed by DJ Court(I am also not aware about this officially i.e. i am not received any thing for these cases)

All these cases she filed within 15 days one by one first 498a, 406, then sec.9 and then others.

Sir, in sec -9 i appeared before the court of CJ(SD) and told that i am ready to keep her you pl. sent her with me. than she told to the court that she also want to cohabit but she has threat to her life from me and wants a gaurantee in written than i was told to court that i am ready for given in writting but you pl. sent her today itself. but court has sent the matter for mediation to other CJ(SD) court. in mediation there were 3 dates given in all dates I was attended with my counsel but she and her counsel remained absent. on last date CJ(SD) judge filed failure report.
Than on next date i filed a application before the court that she was not attended the mediation so requested for keep hold decision on sec. 24 and decide the sec. 9 by hearing on daily basis as i came from 1000 kms. away. but court has rejected my application and in his order he told that "as per mediation report both parties were absent". and granted maintenance u/s 24.

I dont want to keep her in asny condition Pl. suggest me. what should i do? If i filed divorce case at court of CJ(SD) where sec-9 is running then it will very difficult to me as i have experience of lawyers and all this court processing and even more the appellate authority of CJ(SD) is District court on same place. If i filed in my city divorce that i think it will eassly transfered at maharashtra on ground that sec. 9 is already running there.
what is the short cut method now Pl. suggest.
I am very harrassed by all these things, as i m govt. servant, and only son of my parents.

Regards.

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Devajyoti Barman (Expert) 24 November 2014
Unless, RCR is withdrawn you can file suit for divorce.

Outcome of RCR would not stop court to pass decision in alimony proceeding.

Rajendra K Goyal (Expert) 25 November 2014
It seems that their motto is to harass you and continuously dragging you in courts on this or that pretex. If you feel harassed, their motto is achieved and such position would instigate them to initiate more cases / harass against you. In such an adamant attitude you have to defend yourself in all the cases. The possibility of living together is nil after such long litigation. Try to have amicable settlement for Mutual Consent Divorce.

After so many cases you must be aware of the court process, if not satisfied with your lawyer, can change him.