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Yogan Bala (Manager)     08 September 2013

Multiple cases on divorce

Respected Members...

My Name is Yogan 37 years old from a middle class. Married on 01-09-2004.Unfortunately the girl's family is political background. She started living with me from last week of Sept '04 in Chennai. Basically the girl has lot of health problem and the same has been hidden by their parents during discussion before marriage.

She lived with me for only 8 months and she doesn't know the basics of family life and my parents started teaching her everything but she is not ready to learn. She started acting based on their parent’s advice. Their parents also started threatening /abuse me to listen their advice which is not viable. I believe that we should live on our earnings. And during marriage itself we have told them our family doesn't expect anything as a dowry.

During 8 months she travelled frequently and stayed with their parents’ home. In July' 05 she Went back to their parents’ home (Trichy) with her jewels during pregnancy and never turned back. in Sept'05 female child was born. I have tried to bring her back for almost two years. 

Then finally in 2007 my father & my uncle discussed with their parents and brought her back and lived in a separate home in a different location without my parents as per their family wish .During separation from my parents have taken a written letter from her brother stating the things & jewels (taken by her in July 2005 itself) given by them has been taken back.

My father was taken this initiative since they were creating lot problem from the beginning. In the new home she lived with me for one month and one day she mixed the toilet cleaning acid in the drinking water and served me the same but fortunately god saved me. I got transferred to Coimbatore on the same month and moved. She again went back to her parents’ home. I have decided to divorce her & Due to her family background I have waited till 2013 April and filed a divorce in family court in Apr'13@ Chennai.

After getting receipt of court letter they have made a police complaint stating that I have stolen her jewels and went away and my parents treated her cruelly. We have spent money, time and showed the police station case info & letter. Finally we came out of that.

Again they have made a complaint in District welfare office under DV Act. Again we went back and showed the all documents to the lady officer and the case has been referred to Court. Now the case is in court at Trichy.  They have claimed Maintenance of Rs 38,000/- per month and damage claim of Rs 50,00,000/-(50 Lacs)

Apart from this they have filed maintenance case in another court at Trichy. Mean wile, they never attend the hearing for the case filed by me. In 12th Aug, ex parte evidence has been taken and ex parte divorce order has been issued on 27th Aug by Chennai.

In 19th August, they have filed petition at Madurai High Court    to transfer the chennai case to Trichy.

Now .My questions to the honourable members.

1.     Is it possible to make two claims (maintenance & Dv Act)?

2.     Whether the court will transfer the case to Trichy?

3.     What is the period of the Maintenance & DV cases?

4.     One of my friends says, since ex parte order has come, you marry after 30 days otherwise they will open chennai case and it will drag on for years? Is it true? I don’t want to get into any kind of problem again?

5.     Since they have filed a transfer case before the judgement date, will it have any impact on the order…

Need your kind advise …



Learning

 3 Replies

RaoHarshVardhanSinghHersche (ADVOCACY)     08 September 2013

most of the times everyone in my country wants to have the expertise .

i can not help with the arts to all . in my nation i find my fellow lawyers struggling .

i request you to hire a lawyer from here who lives close to your city  or as per your wish .

you hire or not its your concern . if you are wasting time in gaining expert views ,

never forget you would have to hire an expert lawyer only .

this way if we give all expertise here , how would my country's lawyers survive .

so i leave now .

RaoHarshVardhanSinghHersche (ADVOCACY)     08 September 2013

dear Indian ,

                         I am thankful to you that you wrote here plight of man who often get entangled in such mental pressures arising out of situations which can lead to

divorce or not leading to divorce .

          Though a lawyer must suggest one what is needed but i believe in divine laws . I am not a jury but i must have my choice to suggest one to the victory or just do away with it .  I  know you are in pain but who would determine the pain of the girl whom you have described as a mental handicapped girl and still you confirm that she started acting .

By the grace of Lord , no men shall be deprived of justice . The truth shall hail the good .

 we live in a society where we must get engaged to every countrymen . We have got fundamental duties we can whisk away .

But a man whisks away from duties when his wife starts suffering from mental disorders pertaining to psychological diseases .

Pardon me i can never help where i do not find the holy truth .

--------- political background girl - who chose the girl ? The law does not differentiate between any body .

............... Hope some learned lawyer shall help you , I do not find a single fit reason  for divorce .

Let truth prevail .........HHHH.


(Guest)
Originally posted by : Yogan Bala

 

Seems a fake story:  Anyhow, giving advice for questions asked.


Now .My questions to the honourable members.

1.     Is it possible to make two claims (maintenance & Dv Act)?
Yes.


2.     Whether the court will transfer the case to Trichy?

Yes.


3.     What is the period of the Maintenance & DV cases?

anywhere between 1-2 years for deciding what your interim maintenance amount will be.   DV case - anywhere between 4-7 years.

4.     One of my friends says, since ex parte order has come, you marry after 30 days otherwise they will open chennai case and it will drag on for years? Is it true? I don’t want to get into any kind of problem again?

Once exparte divorce decree is obtained, your lovely wife can approach HC. But it totally depends on how the case is put.  99% her appeal will be dismissed.  And regarding 30 day period, yes if you want to tie the knot, tie it on 31st day.  Good luck.


5.     Since they have filed a transfer case before the judgement date, will it have any impact on the order…

Surely it will have impact on order.  It will get delayed, but your lawyer should be very  quick here.



Need your kind advise …


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