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Family Guy (b)     08 April 2011

Cr PC 125 V 13-1 (i-a) (i-b)

Wife filed Cr. PC 125 for maintenance only in city X, interim maint petition dismissed due to absence of prima facie evidence to merit the same.


Husband has filed 13-1 (i-a) (i-b) in city Y which has not yet reached counselling stage...


Now wife has applied in SC to combine two cases so that they can be continued as one single case.


1. From a lay person's point of view, what does this mean?


2. Why did wife give up her maintenance demands?


3. What are the advantages and disadvantages for both parties?


4. How can husband carry this "advantage" of dismissal of interim main petition into the divorce case?


thanks in advance ....


 5 Replies

Family Guy (b)     08 April 2011

Follow up question ...


Can husband not challenge the application and get it moved to city Y rather than fighting the same in city X?

Manoj Choudhary (Advocate)     08 April 2011

Can you provide the copy of the order passed by court for dismissel of interim maintenance. what were the findings of court.

adv. rajeev ( rajoo ) (practicing advocate)     08 April 2011

Yes dismissal order is required to know for what reasons itis dismissed.

venky108 (service )     08 April 2011

Dear Sir

There is no specific guidelines for transfer laid down by the apex court. Normally the court transfers the case to the place where the wife resides. Some courts follow the guideline as to who was the first party to move the court and accordingly it is decided in their favour. There is no hard and soft rules. After the HMA amendment in 2000 women can file a case in her last place of residence and seek transfer. More or less the court transfers the case to the woman's place.

Regarding maintenance, she can file an appeal on the order. If she has not done may be she would go for shortcuts, wheren notice is shown as sent to you but not sent. There are methods to do like this since now a days courier is allowed and hence they would send the courier and bribe the courier staff and show that it has been delivered at the address. In earlier days when sent through registered post the postman used to give it to the named person only. If he/she is not there he will demand for an authorisation letter. But now a days the courier dont follow this rule. They give to anybody and this is a proof of service of notice. By doing this she can get exparte order which you need to appeal again. In maintenance orders appeals may not be fruitful since the court will state that you need to pay maintenance.

At this point of time it is difficult to state tje merits and demerits of the case without knowing the full facts. The best option would be to go for mutual consent instead of contested divorce which would take 10 years to complete.

If she does not agree for mutual consent it would keep going and life would get wasted and there wont me mental peace. Ensure that you dont commit any wrong because the court will see who is the wronged party and if you are committing any wrong you will not get the relief.

Good Luck!!!!

Family Guy (b)     08 April 2011

@manoj @ adv. rajoo - will try to publish it here



@venky108 - thanks for detailed information ... it's cleared some doubts.

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