Ashok Kumar M (Farmer) 30 August 2018

Clarity on rule 1 & 15 r/w 151 cpc in divorce case

Hi Experts... I have been a victim of 498a since 2011 and the case is still pending. Opponent is dragging the matter by giving some excuses and to my fate none of my lawyers are understanding gravity of issue and supporting me. Meanwhile, I filed a divorce case in 2014 in family court, Bangalore. The case was transferred by my estranged wife's father who was a retired police (He recently passed away). Whilst both the cases are pending, my divorce case in her native place is moving steadily. Now the stage of the case is - Evidence & cross examination of both petitioner (me) and the respondent (wife) is over. She is a dentist with MDS degree who was working in Bilaspur, Chattisgarh state and was hiding her employment details before the court. She is also claiming a nominal maintenance from me (2k) by stating that she does not have a job. Now the case is posted for arguments. At this stage, I found out from various sources about her employment and place of her residence. My advocate filed IA under the above mentioned sections to summon the College Principal & the Bank manager (Where her salary is getting credited) for cross examination. The Judge has rejected the IA stating that it would delay the proceedings and it is the duty of husband to maintain wife. Now...my advocate is asking me to challenge the order in higher court to get the direction to lower court to issue summons to them. This would help me to provide a point that she is capable woman to work and she need not be paid the maintenance. In her prayer (objections to Divorce petition under sec 13/1b), she asked 1. Dismiss the petition 2. Reward 75K per month as permanent alimony. Different advocates are giving different opinion. 1. Let the arguments in lower court is over and make sure that the advocate covers all the points since 8 years (from harassment of my family members to her deliberate dragging etc.) 2. Once the lower court order comes in her favor, it can be challenged in the higher courts 3. Challenge the present order of IA to summon the college principal & the bank manager...so that the case would be in a better position to challenge later...(in case if it goes in her favor) etc. I am confused...as to what to do now. Please help me... 1. Should I challenge the order on IA to summon the college & Bank 2. Should I go ahead with the divorce proceedings arguments and get the order Please help me

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5 Replies

P. Venu (Advocate) 30 August 2018

Does the Order rejecting the IA been state that "it is the duty of husband to maintain wife"?

Ashok Kumar M (Farmer) 30 August 2018

Hi Sir, Thank you for responding. Yes it states that it's the duty of husband to maintain wife by providing basic necessisities. The IA filed was not related to maintenance. It was just to issue summons to the College & Bank to prove to the court that she is capable woman and working. But, looks like judge has misintrepreted.

P. Venu (Advocate) 31 August 2018

It is prudent to follow your lawyer's advice.

Ashok Kumar M (Farmer) 31 August 2018

Sir, Thank you for your time in responding. The present situation is -

1. The divorce case was filed in 2014 and it was transferred to her convenient place in 2015. Ever since, it's on a steady progress.

2. I am already paying her the maintenance of Rs. 2000/- under HMA 24 order.

3. The case is at the final stage for arguments. At this stage, I found out her source of employment, income that she is working as a Sr. Lecturer in a dental college

4. In her prayer (Objections to the divorce petition), she is asking for a) Dismiss the petition at an exemplary cost b) Direct the petitioner to pay Rs. 75000/- p.m. as permanent alimony

5. I have lost lucrative employment because of the continuous harassment, pending criminal cases and unable to renew my passport.

6. The lady never attends any court but used to send her father to give excuses for her absence with the only intention to drag the proceedings. Her father has recently passed away. As such, they know that she will never get married again and want to spoil my life too.

7. The present IA was filed to recall the petition & include 2 witnesses (Principal & Bank manager) to further cross examin them. Thus, it would help us to position the case in a better way to prove that she is earning

8. Now that it is rejected by the judge, my present lawyer is advising me to go to high court and challenge the order

9. Other advocates are suggesting me that it will be waste of time to challenge the IA. Instead, let the case go on with the arguments and order. If the final order goes in her favour, the same can be challenged in the high court. This would save time, money etc.

10. It's already 8 years passed. I am also thinking of expediting the matter in the lower court. At the same time, I am worried about the final order...in case if he orders the permanent alimony to her. Some of my friends & advocates are warning that if there is a permanent alimony rewarded to her, I need to pay the arrears, despite it is in the higher court for appeal.

Please advise me