Family law
sourabh
(Querist) 05 November 2021
This query is : Resolved
Dear Sir
Needed an advice on below
marriage date : 24.04.11
child : 8 years old
1) Jan 2015 my wife left , Oct 2015 i filed for section 13 divorce case,she tried for 498a fir but could not happen as case was already in court & i have given written intimation in mahila thana, june 2016 we did a compromise legally in court & in mediation centre on all legal papers that my wife in future will not blame my parents
2) from july 2016 - oct 2016 she stayed with me in gurgaon, nov 16 she left & didnt come back
3) march 2017 by political approach as my father is law is too property lawyer, my wife filed 498a fir in mahila thana & unfortunately fir was registered, simultaneoulsy she file dv & 125 in court
4) case filed on me, my parents, & bhaiya bhabhi
5) we all got bail in 1st day, as said my in laws are bit politically sound & her lawyer is big shot, withing 3 months court has ordered interim too for 15000
6) we applied for high court for fir quash & we got stay orders in same instead of for quash
7) both dv & 125 case has been settled in nov 2017 we did one simple joint agreemnt, & my wife has given affidavit & vyan in court for finishing the case & both the case are finished
8) as per agreement I paid 14000 too monthly considering that she will withdraw 498a
9)she continued staying in her home
10) after 1 year without staying with me she again filed dv and we took stay order in high court
11) july 2019 I stopped paying money and immediately she filed 125(3) for recovery but court dismissed the petition of her saying that it was not court decision
12) in 2019 I finally filed divorce case from Gurgaon this time for which they approached supreme court for transfer petition and same as on date is still pending in supreme court
13) end of 2020 she again filed 125 for maintenance
Please advise accordingly as case is very messy and other party not ready for mutual
In new 125 what steps should I take
Dr J C Vashista
(Expert) 06 November 2021
1. Too long a story for consideration and obligation.
2. The case(s) are stated to be still pending and being processed / defended by an able, competent and intelligent lawyer who is well aware about facts and circumstances since 2015, proceed as advised.
3. Do not wait for a miracle from the second opinion / obligation of experts on this platform, which may differ with your counsel since it would be based on limited facts posted by you.
4. Even if you feel strong for second opinion consult another local prudent lawyer.
sourabh
(Querist) 06 November 2021
Thanks mr Vashista sir
My query is maintainability of 125 filed for 3rd time
If wife staying separate for 5 years
Does it prove her own will not to continue marriage
Advocate Bhartesh goyal
(Expert) 07 November 2021
If wife is staying separately from her husband for five years even though husband can not be escaped from his liability to maintain her wife.
sourabh
(Querist) 07 November 2021
But if wife is staying intentionally without any reason
And just want money
