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Disclosed (none)     03 June 2011

First Mutual Divorce Motion 1 Order, now DV Case

Got married in 2002. Ex moved out of house in 2005 becasue of temramental differences. filed for Mutual Divorce in 2009. Got the order for first motion from District Court in 2010. Mutual divorce petition stated the facts that living separate since 2005 and neither parties have any thing to take or give from each other. Immediately after first motion order ex claimed for some help in the form of 10 lacs stating someone in family is ill with cancer. helped her with 5 lacs vide cheque with a promise to get back the same as soon her loan gets approved. later it was learnt that none was ill with cancer. she started asking for more money upto the tune of 20 lacs and threatned to not to appear for second motion. i filed a civil recovery suit and is still to be admitted by court. meanwhile she filed a petition in 3rd quarter (August) of 2010 for DV against me, after 7 months of Mutual divorce order for motion 1. Stating that she was living with me till 2009 and she is entitled for maintenance of 50,000 and one time compensation of 50 lacs.
Im fighting it but need more help or copy of judgements related to this as she is going back. she is already earning and have provided the proofs in the court. next date is in august.

How can she refuse to an under oath statement supported vide affidevits during order for 1st motion which stated that we were living separately because of tempramental indifferences and since jan 2005 and have no part in anyones assets or otherwise.



 3 Replies

Tajobsindia (Senior Partner )     04 June 2011

@ Author

1.
She can very well not join you for second motion and withdraw her consent before and even after 3xpiry of 18 months.
Remember:
Neither Court nor you can force her to come for second motion.
Reasoning:
Your goodness expressed in cash (read as cheque here given when no such onetime compensation recorded) post first motion paved way for her sides evils to show colors before you and concerned Courts being running a "extortion racket" as being a “legal terrorist” nothing lesser. 


2. However there are SC to various HC’s Judgments which have taken adverse view of such back outs of metro wifes which you can use in above presented briefs.

Disclosed (none)     04 June 2011

Thanx for your advice.

It was cheque only and not cash as a salaried person like me cant have so much cash. It was my years of savings which she took away. I did it as we were not in any immediate grudge. As the mutual divorce was happening with our concent it was a gesture based on humanitarian grounds. I still dont have any grudges against money, but atleast she should'nt have played sucha a scamful game to extort money that too after filing the mutual divorce. My only prayer is ge divoce from her and live a peaceful life.

But can she actually just meger away with the fact which she has submitted in court during Mutual Divorce Motion 1 Order that we are living separate since 2005. As in DV case she has mentioned that she was living with me till 2009. Also she has no proof of livin with me till 2009 as i was on rental accomodation and changed house twice between 2005 and 2009.

During mutual divorce hearings She has given a statement of us living separate since 2005 in front of judge on oath and the same was recorded vide petition and affidevit based on which court passed the order.

How can she just change her statement like this. Ain't there any law against this.

VINAYAKA (ENGINEER)     22 June 2011

go out and find ways & means to kill her, that's the end & final solution.


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