Ramesh 20 June 2018

delaying tactics in divorce case

I am paying 10k p.m. as maintenance and date for reconciliation was set on 19/6/18. other party did not turn up and next date is fixed on18/9/18. I am unable to understand what to do.please help.should I withdraw the case.whether I have to pay maintenance even after withdrawal of case.order says maintenance to be paid pendent lite. please help.

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13 Replies

S Murugesan (lawyer) 20 June 2018

Your place ?

Aman chawla (DELHI HIGH COURT ADVOCATE) 20 June 2018

There is no need to withdraw your Divorce case.

and the maintenance awarded U/S 24 of HMA is just during the pendency of the proceeding(That is why the word pendete Lite used). If she further wants to claim maintenance from you then she will opt for different options like 125 CRPC and section 20 of D.V act.

Thanks,

Regards,

Aman Chawla

Ramesh 20 June 2018

I am from a district near Kolkata.

Ramesh 21 June 2018

Thanks Aman sir.we are living separately for more than 3 years .can she still file false cases implicatinge and my parents in db case or 498A? I want to come out of all this but she and her family are not cooperating. I am in amess and don't know what to do.please help. Thanks again.

Aman chawla (DELHI HIGH COURT ADVOCATE) 21 June 2018

Sir, she can file any case against you as per her wish, but you can go for quashing in High Court on the ground of limitation.

Although there are no limitation defined in Domestic Violence Act. Though still there are few judgments where few courts have accepted limitation based on Inderjit Singh Grewal judgment. However other courts have ignored the same. Also, various factors like when the last contact was held.

One important aspect which could be of use is Article 137 of the schedule of the Limitation Act says when no period of limitation is prescribed in the act, it should be three years from the date when the right accrues. Though this has not been tested anywhere to my knowledge.

Thanks,

Regards,

Aman Chawla

Aman chawla (DELHI HIGH COURT ADVOCATE) 22 June 2018

This is in relation to his query about 498A and D.V. "Can she file 498A or D.V after 3 years of separation"

Ramesh 22 June 2018

Adv.kamakshi sir it will be highly appreciated if you please advice me on this matter. Thanks.

Ramesh 22 June 2018

Thanks very much adv.kamkshi sir.very delighted to know you are following my queries and advising me as best as you can. I respect one and all and also want same treatment.you sort of ordered me not to seen again in this forum but I suppose this forum is not your personal property and I will post as per my wish.If you don't wish don't answer my queries. One advice I will give you if you are really a qualified lawyer please don't give unlawful advice to anyone.Probably because of this people are loosing faith in judiciary. Thanks once again.

Ramesh 22 June 2018

No madam, it's an arranged marriage .

Ramesh 22 June 2018

she doesn't want to live with my mother who is an epileptic patient and want me to leave my aged parents. I am the only son and did not agree.This was the main reason.

(Guest)

Originally posted by : Ramesh
	I am paying 10k p.m. as maintenance and date for reconciliation was set on 19/6/18. other party did not turn up and next date is fixed on18/9/18. I am unable to understand what to do.please help.should I withdraw the case.whether I have to pay maintenance even after withdrawal of case.order says maintenance to be paid pendent lite. please help.

Apply for loan if you dont have money at local bank and pay the dues of alimony pendente lite. or you will be sent to jail on judicial custody and wont let out till you pay balance.

For now you may take 90 wisky or xanax 100 mg for anxiety issues.

(Guest)

Originally posted by : Ramesh
	she doesn't want to live with my mother who is an epileptic patient and want me to leave my aged parents. I am the only son and did not agree.This was the main reason.