Anmol Gautam (Software Engineer) 17 October 2013

Two cases for pending divorce together

Hi, I had filed case for annulment at Delhi court, under section 12, in Feb 2012.Later filed a new case for divorce with the same judge, under section 13(B) by mutual consent, whose first order was passed in July, 2013.

I agreed to pay one time settlement amount, half of which I have already paid during the first order.

Now, I suddenly get a notice from Aligarh and know that there have been two cases pending against me.

498A which was filed in April 2012
125(C) and domestic violence which was filed in May 2012

This marriage was by force, and in the 6 days duration, I stayed just one day in delhi with her, and rest at HER PARENTS house. The entire complaint is false and each word is untrue.

I have not received any court notice from Aligarh till now, and was never informed by the other party. Also, there have been a Court Order against me after Ex parte, requiring that I pay another amount of sum for maintenance.

Can I appeal the order in Aligarh?
Can I apply against the misleading cases in Delhi court?
I fear my safety in UP, can I approach Delhi hight court in that case??

I will be very grateful, if I get some advice here.

Thanks, Anmol

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3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 17 October 2013

Yes. You can appeal to higher courts or file revision in the same court. Cosult local lawyer

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(Guest)

Dear querist,

1. Your lethargic and unawareness had made you to land in this situation where one side you have filed 13B by consent of her and even paid half alimony amount to her during first motion.

2. I don't blv that why you men simply live in third world .......if you have so much money then do charity for poors or some "Anath Asharam" but don't rush to pay your own defaulted wives who are for no cause in your life.

3. Now, things are allready been planned and executed much prior to 13B as I have noticed according to your query that

498A which was filed in April 2012
125(C) and domestic violence which was filed in May 2012

and all the above cases were filed when you were sleeping.

4. Only option left if you don't want give your ass to a decade as running around the court for its final verdict.

A. Convince your wife to withdraw all cases or you may approach HC to quash all the pending cases with mutual consent of both parties.

B.If you have given the cheque then do go and stop the same before her encashment.

c. Convince her to clear all the doubts regarding any cases whether backdate or in future ,you should have mentioned all your doubts in your MOU before first motion of MCD.

A question to you are you uneducated or immatured enough to just ignore all the possibilities of what a wife can do in India if a Man is not sincere and aware of BIased Law????

I feel pity for you.........

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Anmol Gautam (Software Engineer) 17 October 2013

1. I am a resident of Bangalore, and she is working in Delhi. The marriage was consent on 4th Dec, 2011. Immediately, as I reached bangalore, I filed cases for Honor killing against my/her parents on 19th Dec, 2011. And also for ANNULMENT under section 12 in Feb 2012 in Delhi. Do you still believe that I was unaware of the court laws? I took all measures to avoid this precise problem. This was by MUTUAL consent, the judge was BIASED towards the girl. I had to withdraw the case under section 12 and file in section 13. He ignored all the newspapers and evidences i had, and forced me to take a amicably mutual divorce which will be smooth and fast

2. Putting up with my software company, I guess i am doing just enough to pay up advocates and paying up this girl!! It was not what i had intended... She is working.. probably happily married by now(I cannot prove it).. the guy comes along with her in all court dates... We have met just 4 times in this time, each time only in court... I truly had no idea, that they have been plotting this awhile...

3. I had a clause added in the petition, " This is towards full and final settlement of her past, present and future maintenance and also voluntarily relinquished her right with respect to her claim of any nature and Stridhan and past, present and future maintenance. "

I had hoped this would be enough, I dont have any means to know that any cases have been pending in other courts of Aligarh. But now that the order have been passed.. can I use above to dissolve the matter. I am not in speaking terms with her family and do only on court dates.