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Vijay Goyal (Tax Consultant)     15 April 2011

Divorce Case


Respected sir I need the help in my client’s case details as mention below:-



 Plz guide me.



 Very thanks to all of you.






 Mise case----532/09, at family court, jamshedpur    



 Matter --- Maintenance under section 125 of Cr.P.C






Minakshi pandey …………………..petitioner






Brijesh  pandey …………………..respondent









 Case was filed in April 2009, summon served, and acknowledgment of summon received.



After that publication has been done.



On that basic , case comes to ex-party hearing ,and then ex-party order.






Finally, on 21st September, 2010, final judgment passed by principal judge, family court @ 2500 Rs per month pay to petitioner by the respondent, where we was demanded 7000 Rs per month.






After 3-4 months have been crossed, by court, on 6th jan 2011, a notice is issued to respondent to pay that amounts to petitioner otherwise Distress Warrant (D/W) will issue against him.






But 2 months have crossed, there is no amount deposited.






We prayed for D/W against the respondent to court. And court ordered for D/w , but meantime respondent lawyer filed a petition to stay on D/w because now we aware of notice . Then court not dispatched D/w and not stop it.



Give time to hearing….






Actually respondent and his lawyer watching all move in the case at the beginning.






Again, on next date, respondent lawyer give the petition for restore the order and judgment .passed by same court.



Take the date and date for hearing, but not move in the case. .









On both petitions, we have filed rejoinder , and said the same court has not restore his judgment and time limit of 90 days has been crossed.






Our part of hearing submit to court, he not moved but court gives date and date.



And court said to us files the ruling on that.






Problem: problem is that I have search out many books and AIR, still not get the appropriate ruling, so provide perfect ruling.






And suggest to me, what will do to execute D/W against respondent.


















Same party






Court – Family court , jamshedpur



 Mat case no- 202/2010



 Matter divorce under secetion 13 (i)(b)(desertion) of H.M.Act 1955






Merit of the case – both parties are living separately from four years









 This Mat case was filed in aug 2010, summon served to respondent , on 21st September 2010, respondent appered , reconciliation held and failed.






After on so many date crossed , but no written statement filed.






After 90 days crossed , respondent debarred .






Now, petitioner and two more persons submits his witness on affidavit to court.






but respondent lawyer refused to take copy of witness.



After 4-5 dates including last chance to cross the witnesses, then court release the all three witnesses  from crossed.






On next date , we filed written argument , case comes to argument, still respondent not filed W/S.






ON next date part argument over and respondent lawyer filed petition that he will file W/S , give 15 days time.






Court allowed his petitioner with cost 150 Rs , give time of 15 days to file W/S.






On next date , 16th days complete, again respondent  not file the W/S, take the excuse the he has no copy of plaint.



Liberal court again, last one day chance to file W/S and said to us provide the copy of









Then next date respondent files W/S, and in W/s said that, he want to keep his wife.






Then issue framed… and case is going on….






Back of this case filling






Marriage solemnized on june 2006,



They separated from augest 2007 to till date.



There was never cohabitation between the couple in the same roof for continuous period of 8 months.and till date.



Respondent tortured mentally and physically to petition so many time and demand for dowry and share of her in his parents properties.






Petitioner file a complain case of 498-A, dowry act, 420,34. in Dec 2007, and going at the last defense witness.






Petitioner file a annulment of marriage under section 12 of H.M.Act 1955, in 2008, which is dismissed by the principal judge, because we not alligate to respondent is impotent. We just mention there was no cohabitation between the couple.















Respondent filed a divorce case at sambalpur under section 13(i)(a)(b) in 2009, and mention that there was no cohabitation between the couple. And give his deposition of witness in the case. In this case we are not attained the case at sambalpur. Ex-party hearing  start-up but after that he not move in case , that’s results, case is dismissed for default .






Here, respondent intension was not take the divorce, his bad intension is that to harass the our client and can not file the divorce in any other court.






When at sambalpur case dismissed for default, the petitioner filed the fresh divorce case at jamshedpur, which is mention above.









Problem  :






 problem is that respondent and respondent lawyer lingering the case



Because petitioner (lady) seeks divorce and respondent put condition if take back his complain case then I will give divorce otherwise linger the case of divorce, spoil 5- 10 years of your life.












What are the way to give minimize the time of case?



How to protect case from lingering?



How to get divorce to petitioner?






And what are thing left by me in both cases…



What are remedy available for above all problems?




















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