Divorce ...wife not signing 2nd motion papers.

rohit30_life (n/a) 28 January 2008

MY WIFE ASKED 100,000 ONLY IN WOMEN CELL IN HER ISTRY DHAN INLCUDING CASH, I GAVE HER 60000 AT THE TIME OF HANDLING THE DOWRY ARTICLES, JEWELLERY ETC. INCLUDING THE CUSTODY OF MY CHILD.

ON THE FIRST MOTION I ALSO GAVE THE CHEQUE OF RS. 20000 AT THE PRESENSE
OF ADJ COURT AND THE STATEMENT WAS RECORDED, SHE ALSO SIGNED, HER FATHER SIGNED ALSO, AND THE THUMB IMPRESSIONS WERE TAKEN ALSO ON THE PAPERS, AND THE FIRST MOTION WAS ALLOWED BY JUDGE.

THE REST 20000 WILL BE GIVEN ON 2ND MOTION..

NOW

AFTER THE FIRST MOTION OF DIVORCE I HAVE GOT THE NOTICE FROM MY WIFE, THAT SHE HAS DONE EVERYTHING BY FORCE LIKE SIGNS ON THE MOU, MUTUAL CONSENT DIVORCE PAPERS FOR FIRST MOTION, AND LARGE OF FALSE ILLIGATIONS ARE IN THE NOTICE...

CAN SHE FILE AGAIN DOMESTIC VIOLENT.

CAN SHE FILE AGAIN DOWRY 498A

CAN SHE FILE MAINTENACE AND FOR PERMAMNENT ELEMONEY AGAIN.

AGAINST ME.

PLS. REPLY, . ME AND MY FAMILY ARE IN DEPRESSION AS EVERYTHING WAS SETTLED THEN SHE IS ALSO CREATING THE PROBLEM.

PLS. REPLY

Shambasiv (n/a) 28 January 2008

[font=""tahoma""]The recent trend is that woman are asking one time alimony for the divorce from their husband instead of monthly maintenance. Then, it again depends upon each case and on the necessity and position of the husband who is willing to give a lump-sum amount to the wife and children to get divorce immediately. There is no hard and fast rule by which the quantum of maintenance can be predicted.[/font]

Shambasiv (n/a) 28 January 2008

It mostly depends upon the income of the respondent, the position and status of the parties, the reasonable wants of the claimants and also after considering the liabilities of the respondent, the court passes the order of maintenance. So, each case will depend on its own facts and circumstances.

rohit30_life (n/a) 28 January 2008

IF I SAY I AM NOT WILLING TO PAY THE LUMPSUM AMOUNT, THEN WILL SHE AGREE TO GET THE MONTHLY MAINTENANCE WHICH IS EASILLY BE GIVEN RATHER THE LUMPSUM AMOUNT.

CAN THE COURT PASS ANY ORDER...TO PAY LUMPSUM, I WILLING TO PAY ONLY MONTHLY MODE OF MAINTENACE.

MY WIFE IS AN ICICI PRUDENCIAL INSURANCE AGENT. CAN THIS WORK COUNTS A ""SHE IS A WORKING AS SHE HAS DONE THE 12 TO 15 POLICIES.

THEN IN THAT CONDITION WILL I PAY THE MAINTENANCE FOR MY WIFE AND CHILD BOTH OR FOR MY CHILD ONLY.

I WAN TO PAY FOR THE CHILD ONLY.

PLS. REPLY..

rohit30_life (n/a) 28 January 2008

NOW

AFTER THE FIRST MOTION OF DIVORCE WHICH IS CLEAR AND ALLOWED BY THE DISTRICT JUDGE I HAVE GOT THE NOTICE FROM MY WIFE, THAT SHE HAS DONE EVERYTHING BY FORCE LIKE SIGNS ON THE MOU, MUTUAL CONSENT DIVORCE PAPERS FOR FIRST MOTION, AND LARGE OF FALSE ILLIGATIONS ARE IN THE NOTICE...

CAN SHE FILE AGAIN DOMESTIC VIOLENT.

CAN SHE FILE AGAIN DOWRY 498A

AS THERE IS NOT ANY COMPLAINT AGAINTST ME IN THE POLICE STATION BEFORE THE FIRST MOTION OF DIVORCE.

PLS. REPLY

Shambasiv (n/a) 28 January 2008

[font=""Arial, Helvetica, sans-serif""]Under [url=https://vakilno1.com/bareacts/hindumarriageact/s13.htm][/url]Section 13 B of the Hindu Marriage Act of 1950, the parties can seek divorce by mutual consent by filing a petition before the court. After the filing of the petition and recording the statement of both the parties, the court generally adjourns the matter for a period of 6 months where after the party has to again approach the court for making a second motion confirming the mutual consent earlier given in the petitioner filed by them. It is only after this second motion is made that a decree of the divorce is granted by the court. During this period of 6 months when the petition is pending , any of the spouse is fully entitled to withdraw the mutual consent. In such an eventuality no divorce decree can granted by the court. The consent can be withdrawn during this period of 6 months by either of the spouse, by filing an application before the court stating that he/she does not wish to seek divorce by mutual consent. The court is bound under such circumstances not to grant a decree of divorce. There is no option available to the other party to such circumstances except to file a normal petition for divorce under the provisions of the Section 13 of the Hindu Marriage Act, 1950 . In such a situation divorce can be granted only on certain specified grounds as mentioned in the said provision . These grounds include cruelty; desertion; voluntary sexual inter-course with another person; the other spouse being of unsound mind; conversion of religion by the other spouse; Leprosy; venereal disease; a spouse having renounced the world or being missing for a period of more than 7 years.[/font]

rohit30_life (n/a) 29 January 2008

You are right madam, but pls. tell me during this period can she file the Domestic Voilent, and 498a aginst me and y family...

what steps to be taken to save my family.

Rohit

anupam_advocate (n/a) 13 February 2008

Since your divorce by mutual consent is pending, you need not file a fresh petition for divorce at the present.

Known (B) 06 April 2008

1. Call your local MLA at https://www.indiademocracy.org/index.php/electedofficials/stateList/type/MLA and promise him that you will pay party fund. They will do the rest for you in dealing with your wife,her parents and a false 498A.

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