Suggestion please
Querist :
Anonymous
(Querist) 06 September 2010
This query is : Resolved
Have filed My divorce petition appeal case in District Court on the grounds of" Desertion and Cruelty"(Initially it was dismissed by Subcourt). Marriage happened in 2000.
I was an NRI till 2008, to attend the criminal case hearings have left the joband now awaiting to finish up the cases. Have paid @Rs.5,000 per month amounting to Rs.1.50 lakhs as interim allowance to her (until HMOP disbursement in Subcourt)
My wife has filed(in JM Court):
1.Criminal Case - IPC Sec 406 and 420 for cheating(an false allegation that i mentiond as CA/Auditor). Want to get more dowry and remarry.
2.Maintenance Case u/s 125- No child, claiming around Rs.10,000 per month
3.DV Act(3 prayers)-Want Reside in SharedHousehold, Need Maintenace of Rs.50,000 per month plus for mental troture/medical expenses Rs.20,00,000 & Custody of Locker(which is owned by her and her parents)
My query;
1. My wife after giving all these tortures, she wishes to rejoin
2.They(my father in law) wish whatever happens to her, it must be at my home(she threatned to commit suicide if compelled for co-habitation). They are ready to pay any amount to take her back.(her father is a big diamond merchant, he can buy anyone except GOD- from pin to plane).What should I do? (Did'nt even see her face for many years after disappointment, until we met in court. Just to claim huge amount she says she want to rejoin)
3.Should i need to pay maintenance u/s 125, even before getting divorce? And if decision comes from JM Court to pay Rs.10,000 where should i go for appeal?
4. Is there a possibility to move my divorce appeal case to High Court?
Devajyoti Barman
(Expert) 06 September 2010
1. Yes even before the disposal of the divorce case the wife can claim for maintenance as per the status of the husband in case u/s 125 crpc, DV Act etc. Regarding re conciliation you have take decision whether to take her back or not. No provision of law can force you take her back.
2. If any order is passed in the DV case , you could definitely file criminal appeal before the court of district judge.
3. Unless the any judgement is passed in the divorce case, you could not go to the high court.
R.Ranganathan
(Expert) 06 September 2010
You fight the case in the lower courts properly and then only think of appeal. No way now to approach HC as stated by Mr. Barman. You exhaust your defence and then if needed go for appeal before the HC.
