settlement or fight ? please help
Querist :
Anonymous
(Querist) 15 May 2011
This query is : Resolved
I am a govt officer married to an enterprenour in 1999.in gurudwara. some problems arose and we could not declare our marriaage. after resolving we again got remarried through court and hindu vidhi in 2001.the problems again aroused but i kept comprising and also produced a child (girl)
in 2003. sooner the problems aggravated .i took my posting to stay with my husband but to my surprise . as soon as i landed in the city ,i was handed over asummon for divorce
. it was shock for me. i never got a hint of his motive. i was not talked or discussed about this.
i found out that he has filed for divorce hiding my first marriage of 1999. since the i have been fighting against his petition trying to prove that he has filed a wrong case and misled the court.in 2009, i got posted out. so i filed another petition asking for expenses for travel and self maintenace as i am earning less than him.(this we have presented by presenting his IT RETURN which show his annual turnover of 1 crore. )
in 2010. he suddenly applied for withdrawl of his petition and also got the orders passed onesided just one day prior to our hearing .
we applied against judge's onesided decision and after one year in may 2011 the judge has recalled his decision and found that he has hidden several facts fron court and the other party has the right to be informed and has reopened the case for discussion.
.now they are threatening to go to high court against this decision.
in my last hearing in last week. judje has told both parties to try and resolve the isuue. we have talked once.
my query :
1. they want to do one time settlement by paying cash of 1 lakh. what should be my condition . i do not know anything about divorce by mutual consent .is there any paper work required .
2.he says either take this amount or give me the daughter.or linger on.like this.
3. sir ,i want to protect my daughter's financial rights.
4.please guide me ,how much i should ask him to pay?and what conditions i shuld put so in future me and my daughter shuld not be in trouble.
5. my lawyer says ig this case goes on a,then we will win self maimtenace of at least i lakh.. what if i fight this case like this ?
6. i have not applied a seperate case for divorce yet neither i have filed any case for maintenance of child, : shuld i do that.
7. sir i am a government officer and unable to cum everytime to fight the ,right now my father is looking after . but i sincerely do not want to start another case and linger on .who will fight the case after my father.as i am bound by my duties and unable to come everytime to follow my case.
8. i feel as if he is taking benefit of my this government job. .
i want to get out of this relation ship .he has not even once looked after me since marriage(neither financially nor emotionally ) and never even bore the responsibility of father (neither financially nor physically.)
i feel used physically and emotionally blackmailed.
M/s. Y-not legal services
(Expert) 15 May 2011
Here you have to note something madam, Money settlement proceeding is out of court proceedings.. Court will not interfere with that.. Your claim from your husband may be depends upon your needs and necessity.. So you fix it as your wish and your husband's capacity..
M/s. Y-not legal services
(Expert) 15 May 2011
Then as per your admitted fact that is you are a govt servant, if you have sufficient earning mean you are not liable to file a maintenance from your husband.. Out of your income if you need further money for your children's studies then you can file maintainence for your child alone.
M/s. Y-not legal services
(Expert) 15 May 2011
Then about mutual consent divorce is required both parties signed affidavit without any force..
Raj Kumar Makkad
(Expert) 15 May 2011
I have gone through seriously in your query. I am of the opinion that you should not think on the same line of your husband seeking divorce. You should oppose it with tooth and nails and should not accept one time settlement as offered. Otherwise this amount of Rs. 1 lakh is very very meager amount. You should also move an application before HC of your State to transfer your case to your city. Maintenance is a valuable right to you as well as your daughter so file a petition in your city in this regard.
Querist :
Anonymous
(Querist) 15 May 2011
sir!
1.this case is being filed by him .and i have been told family cases cant be transferred.
2. we are fighting this proving the court that he has filed a wrong case and and he has hidden many true facts from the court.now ,even if i win this case .i will stand as his wife ,as i have not seperately filed acase of divorce.
3.shoe me away to get out of this relationship.
4. will my present course of action lead me to my aim of getting out of this relationship.and if yes ? how
Guest
(Expert) 16 May 2011
FIGHT only.
Future of your daughter lies in your fighting the case, as your claims will be strong over your husband. Any out of court settlement may not have the seal of the court unless incorporated in the court order and may again cause some problem he goes back from his promises. In that case you will lose the right to even fight for other genuine claims in your and your daughter's maintenance and share out of your husband's properties, etc., if due.
M/s. Y-not legal services
(Expert) 16 May 2011
No. Some one misguided you. Surely you can file a transfer petition before your high court. Also a supreme court judgment is favour the respondent/ wife. So you can madam. Face your case boldly.
Querist :
Anonymous
(Querist) 17 May 2011
sir! thank you
i get frequently posted from one place to other after 4 years
1. I have found out ,the case can be transferred from one place to other ,but not so frequently.
and in my case the application has to be sent to supreme court.because i being an defence office get posted from one state to other. and transferring of case from one state to other is within the jurisdiction of SUPREME COURT.
2.IN MY CASE we are only fighting against him proving that he has hidden our first marriage of 1999 in gurudwara and has wrongly filed for divorce under special marriage act based on marriage of 2001. in between we have filed c22 and c24 , asking for interim maintenance of my daughter and my expenxes of travel ,and expenses of case.
3. suddenly they filed to withdraw their petition and got orders passed without lettting us know .any way we fought against that and on 06 may ,the judge has recalled his order realising and stating that he has hidden many facts from the court. we have now filed objection against their petion .
4. our stand is : first the interim and C24 should be decided ,then the original can be contessted whether his divorce under special marriage act is right or wrong.
my query :
1. at this stage ,what is the future of my case .?
2.will i get divorce while fighting this case ?
3. i want to break my ties with him .is there any other way. ?
