Divorce against 498a custody of sons
dharani baruah
(Querist) 02 December 2011
This query is : Resolved
Respected all Lawyers
I request for suggestions from honourable PS Dhingra, CEO and Consultant sir. I am facing with acute problem since 10 years. These are as under:-
1. My wife deserted for 6th. time on 02 Feb 2002 leaving 2 minor sons of 7&8 yrs. I tried to bring her back with many efforts but did not came back. I filed a divorce case soonly. I was order for 700/- self maint and 300/- case maintenance. I was unable and halted for some duration.
2. Mean time she file 2 cases one is for Maintenance, other 498a. I was arrested and got bail.
3. Within short time I got a experte decree 500/- pm in local court and appealed for revival in Dist. court. But I was not considered. Then I was waiting for notice but after more months I did not get any notice from the lower court. When I took queries through my advocate I was told that
the case had been closed as I was not available at home. And I can not make payment on closed case. It can be done by your wife only.
4. Till now I was fighting 498a case. In this case her witnesses were relatives/supporter of anti-social elements. My all enemies were supporting her. On the other hand she was supported by other relative police personnels. I had none to help me. I was threatened to my life and kidnap of 2 sons.
5. For fear of life and children I left my native place and withdraw my sons from boarding school to other metro city and started living with my sons as I am in exile. My parent expired br/sisters married and separate. Presently I am alone with my two minor sons.
6. After three yrs the 498a case finalised on 20 June 2005 and she was defeated.
7. I met my deserted wife to apply for mutual divorce. At starting she was agreed for this so I paid 500/- as first installment by opening a bank account on my efforts. But later on she refused to apply for mutual divorce and threatened me many things.
8. Many times I met my advocate to get start the maintenance monthly amount. But he tells the same thing. Occasionally my wife threatened me to arrest again for not paying the maintenance amount ordered by ipc 125.
9. Now I am helpless. I approached many advocates but every one says that I will be defeated and wife will be the winner in every side.
10 My divorce case unattended for more than nine yrs. The maintenance decree is being stopped. Getting threatening. Helpless. Monetary problems. Sons are studying in class XI. staying in rented house in metro city in Assam. Lack of married life. Everything is being tolerated (secrified) for the sake of my sons.
11. Sons are now 16 & 17 class XI. So I think that now I can fight for my rights. But I am not getting a strong lawyer who can fight for me. ........
12. Before finalize the 498a case she completed the Nursing course identifying herself as an unmarried girl without consent of me and employed in local Nursing Home since then earning money and staying in rented house or Nurse Hostel.
13. I need your forum’s help and suggestions to enable me to come to the social life. Firstly, I seek divorce from the deserted wife who harassed for several years by filing a false 498a case. secondly I want the children to stay with me until they completion their degree courses. After completion of the degree courses they will have the liberty to take decision to stay with.
14. I shall be ever grateful for this kind of help and suggestions.
Your’s
Dharani
V R SHROFF
(Expert) 02 December 2011
My Dear Dharani,
You can't compel your sons to stay with you, once they are completing 18 yrs of age.They are at Liberty.
If your wife is working, you are not liable to pay her any maintenance.
Use her declaration that she unmarried, As sch you are separated for over 10 yer, and it is empty cell of marriage.
Your 498 case is resolved, now what is your worry?
I do not think, you want to marry again. What benefit you get of Divorce. Why you want divorce? I do not think, you should take lots of tension for it. Things are moving in your favour.
Balance, portion, u want Shri PS Dhingra to reply, so I leave it for him. You can directly communicate to him.
M/s. Y-not legal services
(Expert) 02 December 2011
you can mail this to mr.dhingra., or you may be spoke with him through phone., or just may meet him as in person.
all the best.,
Shonee Kapoor
(Expert) 02 December 2011
Hmmm,
So now one divorce case is lying dormant.
She can not ask you for more than One Year of maintenance u/s 125 now.
You should either revive the case, or if it has been dismissed in default, launch a new case for divorce.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 02 December 2011
As this thread is open for all so I am also replying your query through you require reply only from Sh. Dhingra G. It was better for you to seek his advice by making PM to him instead of posting here as it is confined to an individual expert.
As your wife is earning hand so no need to provide any maintenance.
Your earlier divorce petition cannot be revived at such belated stage but can be filed afresh.
Custody of child up to their majority shall remain with you keeping in view prevailing facts.
It is the sweet will of your children to decide about them after age of 18 years.
Practically you are divorced. You have nothing to lose in the hands of your wife even if you still continue same status rather she shall remain bound with you and cannot re-marry until getting a decree of divorce from you.
I dont think this is your marriageable age now. Tit for Tat is not always a good policy.
Forget your past and move ahead with the true happiness of your children.
prabhakar singh
(Expert) 02 December 2011
Very nicely replied by Mr. Makkad.
Devajyoti Barman
(Expert) 03 December 2011
Anyway I prefer not to since he wants opinion of one person only.
dharani baruah
(Querist) 03 December 2011
All experts are requested to send their suggestions to this issue.
Thank you for all those who have sent reply. I will seek more suggestions & help in future. Hope that you may kindly reply to them.
prabhakar singh
(Expert) 06 December 2011
Now Mr.Barman,he has addressed you.
Devajyoti Barman
(Expert) 06 December 2011
It has been aptly dealt with in the mean time.
dharani baruah
(Querist) 07 December 2011
Respected all Lawyers,
Still I want to know the following: query :-
As per my query posted -
Query - 1
I applied for divorce in 2002 within 3 months of my wife's desertion and I got a decree of 700/- pm for pendeteliite maint under u/s 24 and 300/- pm for case expense 27/02/2003 until the case finalise. But I ignored that due to my wife filed two cases - 498a and 125.
Am I defaulter for ignoring and not paying the ordered amounts to her ???
Am I still bound to pay the amounts ??? what may legally happen to me now ???
Query - 2
Under 125 she got experte order of Rs. 500/- pm on Apr 2004 from the court of civil judge junior division. I appeal for revival the experte in district court session judge as it was order in my absence but the court rejected the same on 13/06/05 . I was told by my advocate to take care of this order after get notice. Stil I have not got notice. I on query I found that the case had been close as I was not abailable in my home. I could not start the monthly payments. My advocate told me that it can be revived by applicant (my wife) only as the case is closed.
How this problem can be solved ??
She threatened me to arrest again for this.
Should I revive the old divorce case or file a fresh case ???
Is there any harm for me ??
Your’s faithfuly
Dharani
