Dear Sir,
To put my story very short, I got married in 2010. Within 6 months, my wife operated my mother's locker in a state co-operative bank with her own signature (though she was not authorized to operate this locker), and stole close to 35 sovereigns of jewels which belonged to my parents. Since she was pregnant at that time, we didnt go for a police complaint. we applied to the bank through RTI, which after second appeal gave a letter saying it was the officer's mistake allowing her to operate that locker, and her signature is verified with the specimen signature available in the SB account records(jointly with me). Their family members begged us not to discard her, and I mainly took her back for my new born son after she accepted her guilt. One year later she wilfully deserted me carrying my son away. We negotiated with her family to leave behind my son with me, but they didnt heed to it. I was too frustrated by her psycic attitude, that I didnt bother to stop her. I went for divorce under HMA in July 2013, and custody of my son under GWA (showing proofs of all incidents involving her misconduct). After 25 months she filed counters in both cases. just 21 days later, she filed a petition for Interim maintenance(asking 60k per month stating my salary is close to 1Lpm) on Sept 21st, 2015. And joined a software company on Oct 15th 2015. Till today, the respondent has not argued this petition. She simply drags it, since I filed an interim custody petition just after this incident and every judge says they will take both IA's together for argument. Since she is not arguing maintenance IA, judges are not providing me visitation rights to my son. In this 3.5 yrs, 8 judges have got transferred. You can imagine my plight.
Can someone advice me on the following queries:
1) How to fasten the case? The case has been pending for more than 3.5 yrs now, even though I have all evidences that she is not a family material?
2) Since she is earning 30k per month (salary certificate provided in court),and has an apartment from which she will get atleast 15k rent, will I be asked to pay maintenance for her?
3) Under Sec24 of HMA this IA is filed, and they have added my son as second petitioner. Will that mean, I need to pay what ever maintenance is ordered from the date of filing? Under a false DV case which they filed, I have paid close to 3L before this petition was filed. After that they voluntarily allowed the DV case to get dismissed, without appearing for trial. in this time period, they had posession of my rented house for which I have paid rent for 18 months.
4) Can I quote all these and get the IA dismissed? Or atleast can I plead that out of 20 chances offered to her by Hon'ble court to argue, she has not done, and so, the maintenance order should be from date of order?
5) Can someone provide me judgements for these?
6) How to get visitation rights for my son?
2) Since she is earning 30k per month (salary certificate provided in court),and has an apartment from which she will get atleast 15k rent, will I be asked to pay maintenance for her?
3) Under Sec24 of HMA this IA is filed, and they have added my son as second petitioner. Will that mean, I need to pay what ever maintenance is ordered from the date of filing? Under a false DV case which they filed, I have paid close to 3L before this petition was filed. After that they voluntarily allowed the DV case to get dismissed, without appearing for trial. in this time period, they had posession of my rented house for which I have paid rent for 18 months.
4) Can I quote all these and get the IA dismissed? Or atleast can I plead that out of 20 chances offered to her by Hon'ble court to argue, she has not done, and so, the maintenance order should be from date of order?
5) Can someone provide me judgements for these?
6) How to get visitation rights for my son?
Thanks and Regards.
