I got ex parte divorce u/s 13 HMA and ex wife filed 125 crpc + IPC 498A with all vague and malicious allegations.
In 125 crpc case, it is at evidence stage and the opposite party suddenly filed for interim maintenance due to lack of evidence. their framed witnessess(illiterate,drunkyard) backfired and now they r running like rats to find new ones.
In 498A case, though 1 year have passed and there is no sign of any chargesheet. me and my parents are on bail and none of the police officials have ever called us or visited us for any inquiry.
I need ur suggestions on few below mentioned points:
- In 125 crpc she has not disclosed anywhere that divorce has already been granted in spite of knowing the fact and also i have mentioned about the said ex parte divorce(supported by documents) in my show cause to her main 125 crpc application, previously. rather she is still submitting that she is my legally wedded wife in affidivit. is this a trick to get enhanced maintenance in 125 crpc case?
- Is submitting interim application after getting my reply to her main maintenance application legally valid or its a trick? they got pointwise reply to their main application and they know that their allegations has been pinned down by my reply itself.
- What is the maximum time for filing of chargesheet u/s 498A? what should i apply for to get rid of this disease as 1 yr has passed and still police is digging(so called) ?
- I have 1 and 1/2 years daughter who is in ex's custody. I want to apply for child custody as she will be more benifited if i get her custody. she will get all facilities from my service(free accomodation,schooling,travel expanses and lot more). what are the grounds by which i can claim her custody?
- will the court still give custody to a woman(on sympathetic grounds) if it finds out that the child will be safe and have good future in the hands of the father? i am doing reputed govt service and for which my daughter is entitled to avail benifits from my service but only if i get her custody otherwise my daughter's name will be struck off from my service documents.
waiting for ur kind advice...thanking you in advance