38.13-quashing petitions (agnst women)

deep

My husband n his family forced threw me n our son out of home, filed divorce, I want to go back. I meducated n was working but now m not getting any job because all original certificats in in-laws custody. Husband resigned from job now District court allowed interim maintenance for me n son,husband filed revision petition, dismissed in district court. But now, he filed 38.13-QUASHING PETITIONS (AGNST WOMEN) for quashing maintenance. 

I want to know

1. Will i get notice from high court for contesting, or only he will b heard. (I came to know thru high court website)

2. Wat could be the decision from the Hon'ble high court

 
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deep

Kindly guide n suggest wat can I do
 
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deep

The interim order on first date in hon,blue high court it is written "on request of proxy counsel for the petitioner, the case is adjourned to 20 Aug. I HV not received any info thru the court as yet
 
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Bangalore

First thing.  Have patience.

 

Court will give fair chance to both of you to speak via your lawyers.

 

Usually HC wont interfere in interim alimony matters as it is applicable only until existence of other litigation such as divorce and as it is interim in nature.  If your husband does not have job then court will order to earn and pay you money , ususally 1/3rd of his income is IA.  If he hiding his job, then you need to make known to court about his job details, such details can be gotten through appointment of person called as court commisioner. He can get details of husband job, immovable property based on that, IA will be calculated.

 

You will be intimated to come and give your say in HC via your lawyer or in person.

 

Regarding ur marks cardsl give police complaint to jurisdiction police station that so and so, they get your certificates by ur inlaws.

 My suggestion, with marks card and job you cannot live life.  Police and court are for criminals, theives etc not for husband and wife, the moment you approach court police, half of marriage is over, try and reconcile with husband, and inlaws.  Its easier to say sorry and bow head before husband and inlaws than to bow head in front of strangers. For sake of child adjust with husband and go back to him no matter what.  Dont contact on phone, go talk in person, your life and your childs life are in your hands, so you only need to approach husband and do talk.

 

All the best.

 
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LEGAL CONSULTANT

Rightly analysed and adviced by Helping Hand.When U and UR son were thrown out of the house,why didn't U complain to Police against UR husband and his family for cruelty?

 
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On 20th August, the court will hear the matter first from your husband's husband.  If it is convinced, it will issue notice to you and give date to hear from your advocate.  You want  to hurry up the matter, you can engage an advocate and he will appear on that date in the court.  If the court dismisses the matter, then you have got a right to file execution petition in the lower court for implementation of your maintenance order.  Otherwise also, as you are interested to continue matrimonial relationship instead of getting maintenance, 20th August is the golden chance for you.  You engage a good advocate and when the matter comes up, he asks the court to send the matter for mediation, as you are interested to resume matrimonial relationship.  The court will be more pleased to send the matter to mediation and give some other date to decide the maintenance case.  If the mediation fails, then you have got a fair chance that his maintenance petition in HC will be dismissed.  My best wishes with you. 

 
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deep

Thanks lot experts. Sir, in my earlier queries, hv explained my sad story

Many cases complaints going on

4 mediations failed

Everytime he refuses to take us back, me ready to go back in family without any condition

Hv done nothing wrong intentionally, but am human being kuch mistakes hui ho to m ready to improve

But firstly he filed hma 13, withdrew, now filed hma 12 on ground fraud in ceremony, says no saptpadi performed whereas it was. They hv all photos.

Only family members in marriage, no relatives even as it was both,s second marriage

Ground for hma 12 - he says girls family did not perform saptpadi in marriage claiming this ritual not present in their community, but just now petitioner husband came to know that sapadpadi are important ritual in girls family/community, so now this petition of nullment

What should i do?

What will court decide on hma 12 case?

Pls guide

 
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deep

Pls guide experts My family in law has also filed private complaint of thefts etc in court to harass n pressurize me for divorce Will such false cases be dismissed by court
 
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LEGAL CONSULTANT

UR last weapon would be to file 498A and DV cases, to bring them to the right path.

 
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deep

Sir, already there with all truth in it, no fabrications at all.
 
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