I had filed for divorce from my wife on the grounds of cruelty from my wife in aug 2011 while she was staying in her parents house . She took her revenge by reentering my house and tormenting my family for the next two years using the police and various woman friendly laws . The last feather in her cap was criminal cases under sec 307/308 besides the usual 498a and 13 other sections inspite of the fact that every corner of my house was covered by CCTV cameras to avoid a mishap like this one .
But thankfully having done the above she left my house , refused to face the cross examination and "ACCEPTED " DIVORCE and wanted the court to give her a huge alimony.... However she did not give any evidence of her need for alimony ( my income ; property etc) even on being given 3 chances by the judge . The judge closed the evidence and took it up for judgement . However he did not deliver the judgement and sat on the file for 3 months . In the meantime a family court was created in my district and the case transferred from this civil judge senior division to the family court judge .
(1) This new family court judge after the usual formalities at reconciliation now wants to reopen the evidence about alimony . Not only has there been an oral arguement about alimony 4 months back but both sides have submitted written arguments also in which she did not provide any evidence about my income and property . can a new judge take a case back to evidence stage again when it was in judgement stage of his predecessor judge ?
(2) is there anything like "Accepted divorce"? My wife refused to face the cross*xamination and fled from the court and then meted out severe social humiliation to my family and mental harassment and if it was up to her we would be behind bars . Can she simply get away by accepting divorce under section 13 a . From the way the judge is proceeding it looks like she can while I would want the past to reflect in the judgement and get the divorce on the grounds of cruelty which she rightly deserves .
Kindly opine and help .
