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Somendra Narayan Mukherjee (director)     31 December 2011

Delay can be done in divorce


         my wife had filed a false 498A case against me and my family members in 2009. She further filed a case for CrPc. 125 in which an interim maintenence awarded to her .....the trial is on its way. In the case of 498a in evidence she is not coming.....and we are still hanging as a convict for past two years.........amid of this I have filed my divorce in September 2011 after being asured that she won't going to come back and restore the relation. Now my humble question is to know :-

                                             1. HOW MUCH DELAY SHE CAN DO TO DEFFER MY DIVORCE?

                                            2. CAN SHE CLAIM FURTHER ALIMONY EVEN AFTER CRPC 125?

                                            3.  SINCE SHE IS NOT COMING FOR EVIDENCE IN 498A CAN I QUASH THE CASE FROM HIGH COURT?

                                            4. WHAT ARE THE TRICS SHE CAN PLAY WITH ME?


***** N.B:-  I have sent her money for maintenence much before the interim was awarded innumerable times but she had refused.


Seeking your valuable opinion.


 11 Replies

Self service (None)     31 December 2011

Request court for speedy trial, move to HIgh court if requried.

Ratnesh kumar (Advocate)     31 December 2011

mr. mukhrjee i am replying you the queries as u have asked

so for the first one is that she can delay untill she appears in  the court , and if she is not appearing in th ecourt in dovierce you will get ex-party divoerce in 1 year after the final publication in newspapper.and if she appears before the court in time than the cas emay hang up to a long timeno fixed time can be defined.

for 2nd one yes she can claim alimony but if she will claima one time settelment t han u will get rid of monthly payment,

3rd if she is not coming for evideence in 498(a) ask your lawyer to parya before the court for the closure of withness and pass the order by this way you will get out of it completely.

4 th the trics she is going to play is that she will appear in your divoerce case after you publish in newspaper so that u will loss some money and she will appear in court at the last time so that courty can not decide it ex-party so this divorce caew ill be further delayed .

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 January 2012

Delay is a boon or bane in Indian Judicial System, depends on which end of the spectrum you are,


The cases can be delayed endlessly, hence you can move HC for appropriate directions,


Shonee Kapoor
1 Like

Somendra Narayan Mukherjee (director)     05 January 2012

Thank You Mr. Ratnesh Kumar and Mr. Boney Kapoor............ can she ask for an alimony out of her whims and fancy? and will the court will going to provide her such thing?

rajiv_lodha (zz)     05 January 2012

No, the alimony wil be granted going by the merits of the case

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 January 2012

She can ask for the moon, but grant would depend on the merits of the case only.





Shonee Kapoor


Kill your ego, Involve the elder members of both families and make a Mutual consent divorce with one time settlement, Dont waste you entire life for that Bitch..

My friend, God gave us life to live and not make the rounds of Court for years and years and we only get next hearing. Your wife can prolong the case for years by appealing in the higher courts..

Think practically and settle for a decent amount ultimately I guess your wife must be looking for the same, unless you did something really wrong and she wants to make your life HELL till eternity? You only know that.,....

Sometimes saying sorry and moving on in life makes more sense. I think so.....

Value life.....
Decision is yours but this is what I have to advise you.

Mohankumar (engineer)     28 March 2012

@ rahul kumar.

my case is almost similar to this. but we are afraid of talking with them for mutual consent as this may lead the case to wrong direction ( i have filed divorce case and she has filed for union).

now how to handle the situtation carefully,. till date there is no criminal case filed against me by her.

neither she nor her family is willing to give divorce. my case is delayed in counseling itself for 2 years. (she will not come for 2 hearing and 3rd hearing she will appear, once 3rd hearing also she didnt appear and got ex-party but again reopened bu her) like this 2 years have gone. now to my surprise, i came to know that my lawyer has not file counter for her case and hence there is a delay in the court procuedure.

somebdoy help.

i have posted my case since both are same. she is not willing to give divorce nor willing to come for settlement. how to handle these kind of cases??

i got married in 2008 and till date i am living like a bachelor. people please help us.


Mohan Kumar

It is clearly evident from your wife's side that she is taking revenge, Neither she wants to settle nor she wants you to settle in life.. Do you have kids?

Share with me your number, I have been through the same situation, Will call you and discuss in detail.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 March 2012



Biggest battles in the world is decided over a table only.


Use some intermediaries. However, in such strifes the party who blinks first looses more.





Shonee Kapoor

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     30 March 2012

Agree with Shri Shonee Kapoor. "Biggest battles in the world is decided over a table only."


She will claim additional Maintenance from yu, and delay Divorce. 


TABLE is best solution, may be a little costly, but not more that Golden Young aged years, and disurbed Life 

Nothing wrong try advise of " Member A/c deleted" 

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