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Victim of Greed (Worker)     11 July 2013

Divorce case npt yet started

Hello experts,

I had filed divorce petition 4 years ago. After 6 months, she had filed application for maintenance u/s 125 CrPC. Then, an interim maintenance order was passed by the Family court for minor but not for her since she had claimed that she was working. Now, after 2 years of she filing IA, she ahd also filed DV case against me and also asking for maintenance under DV. Here, she is awarded interim maintenance as she has now claimed as jobless. She is well qualified and was working in renowned newspaper for the post of senior copy-editor.

I was been told by the Judge that divorce case will proceed from next date. Unfortunately, I missed visiting my 2 dates in divorce matter as I was not keeping well and I did not appoint any lawyer. Today, when I was present for the court date, I was been told that cross-examination will take place from next date for maintenance u/s 125 which was filed by her...

I would like to ask, whether this is  the right process that cross-examination for maintenance application will be done and only then divorce case will proceed ?

Please help me solve these doubts... Many thanks in advance !!!!



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 4 Replies

Dr. Jyothi Vishwanath (Associate Professor of Law)     11 July 2013

All depends on how the court proceeds. You can press even the divorce matter and ask the judge to take up both the matters simultaneously.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     12 July 2013

Dear Sir,

Since you were not keeping well, on the next date of hearing you can mention that fact to the Hon'ble court and I am sure that court will listen to your plea and give you sufficient time to engage a good lawyer and make your defence.

In the mean time get a good lawyer and find out ways to save yourself. Since more facts are required to answer your question so please engage a counsel and discuss the matter in detail.

Advocate Kapil Chandna

+91-9911218741

 

Adv k . mahesh (advocate)     12 July 2013

as per your query you had not attended last two dates and other side may have stressed to take up maintenance and the court came to conclusion to take cross examination and you told she is working in newspaper so by next date if you can take the salary slip latest if you canot then evidence like the employer particulars to summon her employer and ask her salary here you can prove that she made false statements and maintenance may be dismissed 

Adv. Chandrasekhar (Advocate)     12 July 2013

No. S. 125 case, DV case and divorce case run independently.  As the pleading are complete in S.125 case, the matter is coming up for her cross-examination.  Once pleadings are complete in other cases, those matters also will be taken up for evidence.  If you are interested that Divorce case has to be expedited, take steps to complete the  pleadings in that case and seek shorter dates.


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