Divorce mutaul consent - Queries.
Ashok
(Querist) 26 November 2009
This query is : Resolved
Summary
I m earing 30000 plus, married May 2007. After 8 months wife went to her parental house with his father. we tried to settle the things but things were happening again and again.
in Sep 2008 they dragged us to police station and demand money(Rs 10000/month) and also i have to visit her parental house every now then just to toucher me and leave under there order. In order to avoid 498 and not to disturb the career and family, i was ready for above conditions.
For initial month i have sent 10000 rs through MO. but for the 2nd month have sent 1500 due to some problem. Immidiatly after that she comeup with thretening call that she will go to police if i dont give her whole amount for the month. i tried to convinced her that will give her in next 1 week. but she forcing me to come to her parental house which is not possible since i am working some other city.
Based on the MO Statment and the her thretening conversation we have sent court notice to come back. But they didint replied and at last they comeup with divorce solution.
in Mar 2009 we have register the first motion. Sep 2009 was the date for 2nd motion. i have given her all the maintenance of Rs 150000 in cash as well as her gift in the marrage. have the photocopies of that and also mentioned all these details on stamp paper which is made up by some intermediate people. The case is filled in Kolhapur session court, Maharshtra
We have given the same lawayer for both as per there condition.
My queries are as below.
1) Now its almost 10 months after we register the first motion. what if she not appeared. will court pass the divorce decrea in any case with the above details.
2) Can the case will remain valid from 6 months till 18 months or court may cancel it earlier in case failure to appear within this period.
3) It may happen that they(Laywer) might demand for more money. what if my lawyer give me false date due to that and have record of conversion of the lawyer that with me. Is there any way to convince court that was due to false date.
4) Is there are any options available for me to get the divorce based on the Money order statement which they demaned and also the stamp paper & photo copies which i have return there gift to them.
5) In case she change her mind and return back what will be my stand(She definitely do something in my home so that she can register a complain of 498 against me which she failed to do in the past). i have allow her or what options i have(without disturbing my family without trouble)
6) Her father is professor(But is alcohol adicted person), so how i gave them trouble(without disturbing my family without trouble).
7) what if i married to other in these schenario.
Sorry for the so much queries. but i am confused at the moment where to go and what stand to be carried out in order to do not distrub my career and my family.
Please advice. thanks in advance for your valuable response.
Mukul Aggarwal
(Expert) 26 November 2009
You have made a mistake by giving whole amount at the time of first motion. you should have retained some amount for the second motion.
for second motion both the parties has to file the petition before the same court for divorce.
Now you can persuade and convince other party to come up for Second Motion and get rid of this.
Ashok
(Querist) 28 November 2009
Thanks for the feedback. Can you please suggest me of negative part in case court cancelled the my application. what should be my strategy to avoid any trouble to my parents and relatives. also expecting more analysis on the above mentioned scene.
please advice
