Summan under dva -while divorce case pending at hc and under separation for 10 yrs
Querist :
Anonymous
(Querist) 12 November 2011
This query is : Resolved
Sirs,
About me, I am aged 46 male, separately living from my wife, since 6.4.2001, as she left the matrimonial home. Date of Marriage: 28.8.1998, Month of female child born June-2000. Since my wife left from the house due to high level of difference of opinion with us, she not at all interested to live together. However I tried my level best and waited patiently for 2 years from Apr'2001 ,but there is no outcome and hence I decide to go for divorce. Accordingly I filed divorce petition on the grounds of desertion in the family court of Pondicherry during Mar'2003.
Immediately on my filling she also filed a restitution of conjugal right case in Sub-Court,Virudhachalam (Town nearer to her parents residence ,in order to show herself that, she was left alone by the parents from them).And also file another case in magistrate court ,Virudhachalam, under 125 crpc for permanent maintenance amount.
Simultaneously, by postponing the hearing in my case at Pondicherry , she filed transfer petition in the High court of Madras ,and accordingly, as per the directions of HC, my divorce case in the file of Family court was transferred to Sub-court Virudhachalam and linked the same in restitution of conjugal right case.
Finally during Mar'2005, order for maintenance given. and in Apr'2005, restitution of conjugal allowed and my divorce petition disallowed. After that, she is only interested in getting the maintenance amount of Rs.2000/- pm regularly, not showing any interest for living together by returning to matrimonial home as per the restitution of conjugal right order passed in her favor.
Later, I went for appeal against the dismissal order of divorce petition to session court, Cuddalore and here also, order given in her favor during Aug'2007. Further, after 2 yrs gap, I filed appeal in the High court, Chennai during 2009, but the case not numbered till Nov'2011.
As per the order for maintenance, I paid the amount up to 2007 only, after that, she also not claimed the amount till date, since she is earning well by running a computer centre near the town to her sister's residence at Chidambaram
When situation is like this, I recently (5 days before) received one summon from Magistrate Court, Chidambaram u/s 12 of Protection of Women from Domestic Violence Act, hearing dated 15.11.2011,even though I am living separately from 6.4.2001,almost 10 years over,
This is the facts of my all cases and still I am struggling against this do or die situation. Is there any remedy can I get by overcoming this, by getting divorce from her. Kindly help me in this regard.
Shonee Kapoor
(Expert) 13 November 2011
DV is not maintainable in the wake of latest judgement of SC.
Get the said judgement from undersigned.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Arun Kumar Bhagat
(Expert) 13 November 2011
DV is maintainable. You have to appear. Amicably settle the matter with your wife. Nakamyabi aadmi ko philospher bana deta hai. This is Hindi Proverb.
prabhakar singh
(Expert) 13 November 2011
To say in short agreed with experts.
