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justice218 (student)     02 July 2013

Divorce filed first by husband

My husband has filed for divorce on the basis of cruelty and desertion, but this is not true as he was the one that asked me to leave the house. I would like to know

1. Can i contest this?

2. If yes to question 1, what evidence do i have to provide? 

3. If he is proven wrong, what are the consequences he faces for lying? 

4. he has not supported me financially at all, does this aspect have impact on the alimony that is given? 

5. who decides on the alimony amount. judge or the parties? 

6. Can i delay the divorce process? and if so how?

 

 



Learning

 21 Replies

justice218 (student)     02 July 2013

Note: he has not contacted me once in the 2.5. years since he kicked me out of the house. he has kept all my gold, sliver and dowry given. 

Chenoy Ceil (Advocate)     03 July 2013

Hello,

Definitely you can contest the divorce proceedings and you can also claim maintenance under Section 125 Cr.P.C and/or Section 24 Hindu Marriage Act, 1955 or whichever law applicable in your case.

Secondly, you need evidence of anyone in your family to support your claim and any other supporting documents to showcase that he has thrown you out of the house.

Well, if he is proven wrong you will not get divorce and you can also claim perjury against him but that too would be a long drawn procedure.

You can claim alimony and maintenance since you are legally entitled to it.

The amount you claim as maintenance depends on your husband's income, your income, your standard of living at the time you lived with your husband and your source of income and your husband's liabilities. At the end of the day it is for the Judge to decide upon the amount of maintenance but it is always for you to claim the amount that you think is reqiured from your husband including liigation costs.

You can delay the divorce process by contesting the same. I would not recommend filing false complaints against your husband. Good luck.

Harsh (Manager)     03 July 2013

some evidence you can show

- your attempts to reconcile with your husband

- negligence on his part to reconcile/call you back.

- why did he ask you to leave the house? That is very imp. which you hvae not mentioned.

- Did you apply for maintenance? or atleast ASK HIM? if not, you cant blame him for not maintaiing you. he will say he offered and you refused :).  I am not aware of any legal aspect where a husband is expected to pay maintenance to wife 'forcefully'.

- you didnt ask maintenance, but you are expecting alimony. what is your plan? lumpsum rather than peanuts every month?

If this is all his fault, you should have taken some steps as soon as possible. 2.5 years is too late,  so you need to justify why you didnt take any steps (including not asking for maintenance amount in these years, not applying for RCR, RTR under DV etc.).

did you expect to live separated all your life? He would obviously want to move on corect? Or were you waiting to see if you get another option? Sorry but this question is quite natural.

You can still contest, it is your right to complain also it is your right to contest. but results, dont know about it. Gud luck.

*** you seem like a breath of fresh air among of all the nasty wives that most of 498a victims have and are discussed here. Hope you are innocent, good luck !***

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 July 2013

Dear Querist

1. Can i contest this?

Opinion: you should be


2. If yes to question 1, what evidence do i have to provide? 

Opinion: Its depend on the petition filed by your husband and allegation.


3. If he is proven wrong, what are the consequences he faces for lying? 

Opinion: you can file a complaint against him for defemation 


4. he has not supported me financially at all, does this aspect have impact on the alimony that is given? 

Opinion: If you are unable to maintain your self only then he will be liable to pay alimony or maintenance otherwise not



5. who decides on the alimony amount. judge or the parties? 

Opinion: its depend on the Court if there is no Settlement/MOU between the parties.


6. Can i delay the divorce process? and if so how?

Opinion: its depend on you


Feel Free to Call

justice218 (student)     03 July 2013

so in reply to Harsh; 

I have been asking for him to talk to me since we seperated, the straight forward told me he wants nothing to do with me. i have an email of him sayng this. 

i have filed cases since this conversation, asking for my things and asked that we settle this matter amicably. he refused. 

He asked me to leave the house, as my father refused to transfer property on his name. 

I have already filed DVC, and already recieved a judgement from that. 

I have filed for maintancene, but he hasnt appeared to the court. i.e. managed to avoid taking summons. 

he refuses to give me back my things, or any money and wants to get divorce basically freely. 

he earns around 2 lacs per month. 

he has already been framed of defamation against me. 

he has confessed in DV court case that he not supported me in the past 2.5 years. 

he has avoided every case and responsibilty towards me. 

 

justice218 (student)     03 July 2013

question to all experts

After i file counter do i have appear in each hearing of the divorce case or can i postpone  the divorce case. 

 


(Guest)
Originally posted by : justice218

question to all experts

After i file counter do i have appear in each hearing of the divorce case or can i postpone  the divorce case. 

 

No need. Your lawyer's presence is must and should in your absence.  Ensure that you pay your lawyers fees promptly.

justice218 (student)     03 July 2013

How long can i postpone my appearance?

DV Fighter (Service)     03 July 2013

The gap of 2.5 years is too late.

Whay do u want to delay the divorce case.....get rid of him & start new life....

justice218 (student)     03 July 2013

i want to give divorce, but he is not giving my belonging, i.e. gold and the cash given as dowry. i dont want to give divorce till he gives me back all my things. 

Reformist !!! (Other)     05 July 2013

then fight it out or settle amicably /...........involve elders and keep ur ego apart


(Guest)

if both husband and wife need divorce then what is the problem? be apart by consent on genuine allimony(including your dowry+jewellery given to you from your parents side).

 

See if you drag the case on what you want from him it will take years to settle as opponent will also try do the same.See money is not worth against life as you have 1 life.Be positive for your life and take divorce from him by taking lum sum amount including your jewellery cost and dowry or else let the court decide on this.

 

thanks,

 

A sufferer........

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     05 July 2013

There is two way out.

one ask him for mutual divorce and put your demands and if agreed then go for it else opt other option;

Second option is file harassment case and serve your maintenace notice through his lawyer appearing in court (Court can do so). Once maintenance will be fixed then he will run to you and get ready for whatever your demand will be. but i think dont give divorce coz you will get handsome maintenance amount from his salary, coz if he is earning 2 lac per month then atleast hyou will get 50k per month and other expenditure also. but if you want to remarry then go for divorce.

Good Luck

adv.kamal.grover@gmail.com

Reformist !!! (Other)     06 July 2013

I wud earnestly request Mr Grover not to misguide the querist . You are asking her to file the harrasment case without knowing the due facts of the case. This is really not good....One should be empathetic first and then sympathise if the situation is so. Then u r telling her to make him run around the courts so that he bows down to her demands........dont u think she will also run around the courts ?? for getting the money which is earned by the man himself with his hard work........
Many girls are misguided by the lawyers who eventually destroy their relations by following them and later on they are abased by the society itself when they r termed as 498a women. Pls refrain from suggesting such things without knowing the total facts of this case.

 


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