Urgent need of advice on divorce


 

Dear Sirs,           

 I am Anshu , a Govt Servant  from Bhopal. I got Ex- Parte Decree after her one time appearance and allowed for  reply on next date.  I  submit my   story in brief as below:-

·         I filed a petition U/S 13 on the basis of cruelty against my wife at my area family court on 24/07/2010. She appeared at my court on 20/10/2010 and date was adjourned to 24/11/2010 for reply. Neither she appeared on 24/11/2010 nor she filed any reply  after 20/10/2010. After 20/10/2010 (she appeared on 20/10/2010) the  dates were adjourned to 24/11/2010, 06/01/2011,09/02/2011, 24/03/2011, 17/05/2011, 07/06/2011, 14/07/2011 and finally I got Ex Parte Decree and Divorce on 18/07/2011.

·         She filed a petition U/s 125 for maintenance  on 07/10/2010 and I received the notice for this case on 10/06/2012,  But she is appearing regularly for 07/10/2010, 24/01/2011, 26/04/2011, 20/07/2011, 16/10/2011, 22/01/2012, 22/03/2011 and  on 21/06/2011 for proceeding / dates for case of maintenance at her area court. I have  certified copies from that court regarding her appearance there.  As I have  appeared at her area court on 21/06/2012 ALSO

·         Surprisingly, I got a SUMMON  from my Area Court on 17/07/2012. As she has filed an application to my area court for Re-Open or Cancel or Dismiss the ORDER and Decree issued to me on 18/07/2011. She came to know about my Ex Parte  Decree on 06/03/2012 as she mentioned in her application. She further,  stated in her application to my court that she was badly sick due to ARTHRITIES.  after 20/10/2010. She mentioned in her application that she could not walk, move or leave bed and doctor advised  her for complete bed rest. and due to this sickness she could not appear at my area court after 20/10/2010. The period of her ABSENCE is around 17 Months (i.e. 10/2010 to 03/2012) till filing her application and the period of 8 MONTHS is  lapsed after issuing of  Ex Parte Decree. (i.e. 07/2011 to 03/2012) from my court.

·         No evidence is still given in the application. She came to know about my Decree on 06/03/2012 as she mentioned in her application. I received the Summon on 17/07/2012 and I appeared on 21/07/2012. Next date is 01/09/2012 at my court for this application.

Now I Want to know that :-

1.       How can I oppose the application filed against my Ex PARTE DECREE . at my area court after period of her ABSENCE is around 17 Months (i.e. 10/2010 to 03/2012) till filing her application and the period of 8 MONTHS is  lapsed after issuing of  Ex Parte Decree. (i.e. 07/2011 to 03/2012) from my court.

2.       She is appearing in her court for maintenance regularly but here she stated that due to sickness she could not appeared. Hence, how can I oppose this application.

3.       How can I oppose Case U/s 125 at her court. As she has submitted petition for maintenance on false ground.

4.       I  got an evidence (attested by Govt Official) about her teaching experience for a period of 5 years  at her place. She has appeared in Govt Teachers Exams by using this Experience Certificate. The period of this 5 years are from  Jan. 2006 to Jan 2011. During this period she lived with me during 2006- 2007 and  5 months in 2009 and  at my place. She has accepted this in her petition of U/S 125 at her area court. CAN I FILE ANY CRIMINAL CASE OR OTHER TO HER JUST  SHOW HER THAT WHAT IS RESULT AFTER HARRASING  HUSBAND.

5.       After  leaving   me in 2009  she is staying with her JIJAJI home. Who is  a Govt Servant with a good POST . Her family and parents are agree for this. But I can not prove ADULTRY. Can  I make her JIJAJI as a PARTY either case or file any case against HIM also.

 

Dear Expert Sirs, please give me urs valuable suggestions  to Reject her application at my area court and to Reject her maintenance case.  I GOT EX PARTE DECREE AFTER HER ONE TiME APPEARANCE IN MY COURT. AFTER THAT SHE NEVER CAME TO THE COURT AT MY AREA.

 

THX and waiting for ur suggestions

ANSHU.

 
Reply   
 
Senior Partner

 

 

Originally posted by : ANSHU

 


1.How can I oppose the application filed against my Ex PARTE DECREE .
Take: File preliminary objection with two paras. Get allowed Misc. Application for call for Medical witness and to cross examine Medical Certificate that is one. File certified copies of days order sheet of her regular appearance in maint. case. With both this her re-opening of Divorce (ex party) case will be dismissed. Also pray for heavy cost for engaging Court and you into frivolous litigation. Court will be pleased to grant Cost also.


2. She is appearing in her court for maintenance regularly but here she stated that due to sickness she could not appeared. Hence, how can I oppose this application.
Take: Repeat question see above reply.


3. How can I oppose Case U/s 125 at her court. As she has submitted petition for maintenance on false ground.
Take: Contest her alleged false grounds accordingly. There is no forum mantra in absence of what grounds she alleged could be given as reply to this vague question.


4. I  got an evidence (attested by Govt Official) about her teaching experience for a period of 5 years  at her place. She has appeared in Govt Teachers Exams by using this Experience Certificate. The period of this 5 years are from  Jan. 2006 to Jan 2011. During this period she lived with me during 2006- 2007 and  5 months in 2009 and  at my place. She has accepted this in her petition of U/S 125 at her area court. CAN I FILE ANY CRIMINAL C
ASE OR OTHER TO HER JUST  SHOW HER THAT WHAT IS RESULT AFTER HARRASING  HUSBAND.
Take: Save it till completion of her evidence and then file perjury upon her.

5.  After  leaving  me in 2009  she is staying with her JIJAJI home. Who is  a Govt Servant with a good POST . Her family and parents are agree for this. But I can not prove ADULTRY. Can  I make her JIJAJI as a PARTY either case or file any case against HIM also.
Take: Donot engage your upper mind into national obsession of wife’s adultery with this much limited info. Today many wives give their advocates address as ordinary residence address that means (I leave rest to whichever imagination one may take this observation as…..) You will burn your pockets in lawyer’s fees and nothing else will come out.

PS:
1.
A divorced wife is allowed to seek maint. under S. 125 CrPC which is not question of debate here !
2. In my opinion the ex party divorce has become final. To generic readers in situation like this ensure the decree sheet is published in National newspaper and specially at are where wife last known address to safeguard yourself from such frivolous litigation as asked by this queriest is suggested.

 

 

 
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hi sir,

good morning.this is srividya.Im in tirunelveli,and i need divorse and i need a advice from you.I was married on march 2005,and he constantly fights for very small things too.now im fed up with his activities.I have a girl baby of 5yrs and she got communication disorder and im giving treatment for her also.now im planning to take her with me.I need a immediate divorse sir,please guide me...what i have to do initially,this house which we are living is a flat and that one is on loan.but is that posible to take myneeded things,like fridge,tv,a/c with me or not sir...please kindly advise me sir..actually he dint beat me..but he fight with me and im totaly died.im expecting for your reply..what i have to do sir??

Srividya

 
Reply   
 
Senior Partner

 

 

Originally posted by : srividya

 


i need divorse XXX he constantly fights for very small things 
Take: For small - small matrimonial disputes people should not take bold step of divorce.

 XXX I have a girl baby of 5yrs and she got communication disorder and im giving treatment for her
Take: Medical treatment cost and support are responsibility of both parents. Seek his assistance on this matter too.

also now im planning to take her with me. I need a immediate divorse  
Take: There is no immediate divorce concept anywhere around the world.

XXX initially, this house which we are living is a flat and that one is on loan.but is that possible to take my needed things,like fridge,tv,a/c with me or not sir...
Take: For the time being involve elders from families to sort out small - small disputes in marriage. Failing which seek assistance of Domestic Violence Act and seek via it protection order to stay at same rented home and use its household items along with child support.

 XXX actually he dint beat me..but he fight with me and im totaly died XXX
Take: if he is not beating you and your issue is only limited to small - small quarrel matters then they can be sorted out via counseling. Seek counselors help by approaching local district Courts legal Aid services. They will call both of you and provide counseling.

 

 
Reply   
 
Advocate

Well mam, u first need to file a petition u/s13 HMA on the fround of mental cruelty. You may also file application for maintenence for you and your minor child. You dnt need to left the matreimonial house as you may file petition undr Domestic violence act and obtain an order for injunction against your husband...... As per law you cann take the things with you if the same is in your name.

 

 

Thanks

 
Reply   
 
Advocate

Well mam, u first need to file a petition u/s13 HMA on the fround of mental cruelty. You may also file application for maintenence for you and your minor child. You dnt need to left the matreimonial house as you may file petition undr Domestic violence act and obtain an order for injunction against your husband...... As per law you cann take the things with you if the same is in your name.

 

 

Thanks

 
Reply   
 

Dear Tajob sir,

Good evening.

I am from Hyderabad I see almost all ur advices to the queries posted in this forum.

Really your suggestions are most valuable and soothing effect to affected.

Thank u sir,

I remain

G.Chandra Shekhar

 

 


Total likes : 1 times

 
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