MUKESH DABGAR 20 February 2024

Urgent need help in divorce case

Respected Sir,

I need urgent help in my Divorce Case. I m submitting brief about my case as under:-

1 . Our marriage in 2012 and i have 2 Sons from this wife and at present age 10 years and 6 years. i am Govt Officer and she is house wife. it was second marriage of both of us . I really felt that it was my biggest mistake of life to over trust on my wife and keep tolerating toxic relationship with her till 9 years of my married life bcoz i wanted to settle my married life . i accept it that i tolerated all harrasments till 9 years which was great mistake. because i didnot want to dis solve marriage due to my 2 Sons. But Just to save life of me and my old age widow mother from her dangerous harrasment i filed Divorce case on the ground of cruelty as she left my matrimonial home and my 2 Sons in 04/2021 and went to her parental home city Y. after one week she took my 2 sons with her and since 04/2021 she is living separately from till date. our separation is almost 3 years now.

1 . I filed Divorce case u/s 13 (a) (contested ) on the ground of cruelty in my X city Family Court in July/2021 and she filed in 02/2022 FIR 498 A , 406 in her City Y Mahila Thana against me, my old age mother and my married sister. Names of my Mother and sister was removed during the investigation and chargesheet was filed against ME only in 04/2022 and i did not approached to High Court to quash FIR u/s 482 and still the case is pending at stage of Prosecution Evidence. after that she filed Div Case Transfer Petition in High Court form my city X family court to her city family Court Y but still i have got notices form the high court but i m regularly following up the status of case through website and at present it is pending at the stage of transfer case - notice incomplete/service. She filed reply of my Divorce case in 05/2022 and now there is Stay in the case. bcoz transfer petition is pending.

2 . I filed Custody case in her city Family Court Y . However, family court has granted me interim custody i.e. every Sunday 12 pm to 5 pm But she didnot followed court order and i filed contempt case within one month against her. now court has bounded her in writing in the court and result is that she is regularly sending my 2 sons every sunday and contempt application was withdrwn by me becoz court has bound her and further court has rejected my all evidences i.e. call recording converstion with my wife. So it was not possible to penalise her by the court. Main Custody case is pending at stage of Plantiff Evidence .

3 My wife filed Maintenance case u/s 125 in 09/2022 and interim maintenance granted per month 30,000 /- from date of filiing . i have to pay huge amount to her since it was ordered from date of filing of application.

4 She filed DV Case in 09/2022 against me and my mother and my sister but notices are not yet received by me . stage is Serivce of summons/bailable warrant.

5 She is regularly saying in the family court that i have filed Divorce case thts why she filed 498A, 406 she want to come back at my home and she want to return back to my home but all above cases specially 498 A are pending and me and my mother and sister have suffered with great problem after 498 A, 406 without any cause. She left my home and my childrens and she filed DOWRY CASE which is false against me and my family.

NOW PLEASE SUGGEST ME..

1. Can i get Divorce from her in view of above statements. becoz i want Divorce from my wife. and i dont want to take her back since she can do more and dangerous harrasment on me and my mother and after all she filed false dowry case against me so i nvr like to spent even a minute with her. names of my mother and sister removed by police during invstigation.

2. Can i go to High court to reduce maintenance or effective date of maitenance from date of order not from date of application. can i get any relief from high court.

3. will i get custody of my 2 sons as i m well setteld as govt servant and good financial and other condition . i am giving maintenance to her. and children are also happy with me even every sunday .

4 . Can court force me to take her back to my home bcoz i dont want to take her back. PLZ SUGGEST ME HOW CAN I GET DIVORCE IS SUCH SITUATION.

THX AND REGARDS.

Reply Follow

7 Replies

T. Kalaiselvan, Advocate (Advocate) 20 February 2024

1. Filing umpteen number of false cases also constitute an act of cruelty, hence you stick to your case strongly.

2. You can seek revision of the orders passed in interim maintenance.

3. It depends on how you prove the pleadings of yours in the child custody case convincing the court about children interest when they reside with you.

4. Court cannot force you to take her back against your willingness.

1 Like

MUKESH DABGAR 20 February 2024

Thx Kalaiselvan Sir for your valuable reply of my case.

But i would like to tell that first i have filed Divorce Case due to unavoidable harrassment from my wife and after that in reply she filed 498, 406 against me my mother and my married sister . this case 498, 406 still pending at stage of Prosecution Evidence and my Divorce case is also pending at stage of Issues and STAYED BY HIGH COURT DUE TO TRANSFER PETITION.

Both are pending but chance is that 498 , 406 case will take long time compare with Divorce case. so if 498,406 case is pending , court will grant Divorce on my on ground of false criminal case on me and my family in reply of my Divorce case and it has almost 3 years separation from my wife. plz suggest sir,

thx

T. Kalaiselvan, Advocate (Advocate) 20 February 2024

Whether have you filed the divorce case immediately after separation or two years after separation?

i.e., whether have you included desertion as one of the grounds for divorce or only mental cruelty?

The divorce case is different to that of the 498a criminal case.

Since she filed the criminal case subsequent to you filing the divorce case, you cannot take the plea of cruelty on that ground now,

However you can file a petition before the trial court seeking to withdraw the divorce case with the leave of the court to file a similar petition on the same grounds or with different grounds at a later stage.

This will help you to add all those left out grounds in the subsequently filed divorce case.

you can take care to file the divorce case in her city so that it do not get delayed unnecessarily

MUKESH DABGAR 20 February 2024

Again thx Sir.. I filed divorce case after 3 months she left my House.. after that she filed 498A 406.. As of now total time is 3 years of separation.In above situation Sir will i get Divorce.I can't spent life with her at any cost..
Plz suggest me
Thx sir

T. Kalaiselvan, Advocate (Advocate) 20 February 2024

The divorce case would proceed as per original case filed long ago.

No new developments would be considered to decide the case except the facts and pleadings made in the original petition.

Hence a suggestion was made to withdraw the case for now and file it again after a lapse of few months.

You can discuss with your advocate and take a proper decision.

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Dr. J C Vashista (Advocate ) 21 February 2024

Your lawyer is the only and best person to advise you on the subject as s/he is well aware about facts and circumstances of the case and applicable laws on the issue.

MUKESH DABGAR 21 February 2024

Thx Sir for your valuable suggestion.

No new developments would be considered to decide the case except the facts and pleadings made in the original petition.

Hence a suggestion was made to withdraw the case for now and file it again after a lapse of few months.

Sir i want to know that -

My Divorce Case is stayed by High Court and Notice is not served upon me till date. Stage of Case is - notice incomplete/service. Next date of hearing is 02/03/2024. it was stayed due to Transfer Petition as i requested above plz.

in this circumstances and as per advise , if i withdraw my Divorce Case then ...

1. Can i withdraw directly from Family Court of my city X where is filed in the beginning and STAYED and still pending in my city Family Court OR....

I have to attend the case before HIgh Court fr Transfer Petition on next date of hearing direclty without receiving notice by High Court OR

I shud approach to High Court for Civil Writ in Single Bench or Double Bench to withdraw my Divorce Case.

2. Sir can it be possible to get Order from High Court from either Bench to withdraw silently (without notice of my wife ) so i can file new and Separate Fresh Application so that i can include her 498A, 406, and DV cases , Separation since last 3 Years , Maintenance Case u/s 125 and other cases.

3. I said silently becoz if she know about WITHDRAWL OF CASE she might entered my home coz they need any way to entered my home at any cost so that they can make any situation and go to Police with any Evidence just to send us Jail. as they need only one chance. becoz they dont have any evidence or real way of charge in FIR 498, 406, and DV CASe.

plz suggest me Sir,

thx and Regards