LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Praveen Kumar (Not working)     29 October 2011

Mutual divorce

wife deserts in nov 2009 when she was pregnant

after all measures fail, i file RCR. she says she wont join. files 498A & dowry, which she withdraws by herself as she was not able to prove it at women cell. she filed maintenance with RCR. as RCR was not going anywhere, i withdrew it

she filed 125 CrPC in dwarka

I filed divorce in Karkardooma

In 125 CrPC judge refused to pay maintenance and asked her to either join me back or get divorce. she agreed for divorce for 7lacs, for which court asked to do FD in child's name. I was asked to withdraw my case of divorce and file mutual divorce in dwarka court. a settlement was signed on court's direction. i was to get visiting rights. She did not allowed visiting rights by sending sms that its after 1st motion. she did not cooperate in filing mutual divorce. they wanted money in cash and not in FD for child. I agreed to that as they were delaying divorce. The judge in karkardooma told to file in karkardooma. she signed the divorce papers, it was filed but she did not come in court next day when statement was to be done., though her lawyer came. I am not able to understand her mind. she has not come to court on last 2 occassions and she has never been regular for court.

 

What all options I have? What could be in her mind



Learning

 8 Replies

Tajobsindia (Senior Partner )     29 October 2011

1. Repeat query already was replied earlier.

2. Wait for her to come for fist motion statement.

3. Cash can be given as a advance deposit to Court (Nazararth Branch deposit it and take receipt and file with first motion) with Court Order instructions to withdraw after 90 days post second motion and post appeal period of MCD decree.

4. Also finally decide want to get rid of her OR want to pay 7 L plus want visitation. Seems you will have only one gift out of this marriage at the end from a bi-poplar metro wife onlyif she ever comes to make her statements twice to either Court .

 

But to me this is a very interesting Jurisdiction issue coupled with two district courts diverse Orders situation which no one has paid attention to as Jurisdiction law is in conflict is my view.
Reasoning; DWK family court says file MCD here by dismissing as withdrawn her S. 125 CrPC - right ! KDM district Court has dismissed as withdrawn your RCR and says file MCD here - right! Well in MCD the Jurisdiction is where both parties last lived is the only basis of executing correct Jurisdiction to file a MCD. Moreover one of the either Courts Order needs to be canceled to opt for MCD Jurisdiction at one place either DWK Family Courts OR KDM District Courts civil jurisdiction. Further Family Courts superseeds District Courts ordinary civil jurisdiction in superiority being that Family Court Act superseeds ordinary District Courts civil Jurisdiction as it is a special Act and basis of estabilishing Family Courts whereever possible is a special power executed down from Chief Justicte Court at HC's and not from Distrcit Court civil Jurisdiction i.e. not via District Judge administrative Office is my view. Hence DWK Family Court is where MCD should be filed first of all by canceling KDM Court last direction rest is view of your enggaged adv.!!!!

 

2 Like

adv. rajeev ( rajoo ) (practicing advocate)     29 October 2011

Convince her to come to court then you can get the divorce, otherwise withdraw the case and file a petition and desertion ground

Praveen Kumar (Not working)     29 October 2011

RCR at KKD was withdrawn by me earlier

125 was dismissed with MCD directive

My contested divorce is pending at KKD and we had stayed together in Patparganj which is under jurisdiction of KKD. I had moved to withdraw my contested divorce from KKD by submitting the agreement. Her lawyer created a dispute by saying that I need to include a point that I will never file custody of child. That day I was not present in court but judge said this point do not have legal relevance and he wont allow any such clause. and gave a new date and asked us to sort it out. On next dat her lawyer offers that her family is in financial mess and needs money so if I give money in cash against FD agreed earlier, they will let the divorce happen. I agreed. the same was informed to court. The judge said that all money can't be given in cash, he will decide on the quantum which will be given cash and asked us to file MCD then only he will dismiss my contested divorce. that day my wife was not in court. later joint petition was sent to her by courier and was returned by their lawyer and joint petition was filed but she did not appeared in court, only her lawyer came to say she is not well. Later her lawyer did not respond to my lawyers calls. Now date is on 1 nov. I really dont know what's in their mind. Their 125 CrPC is already dismissed. KKD Court during my RCR has already ruled that my wife is able bodied and had refused her maintenance beyond 6 months of pregnancy by give some reasoning. Though I had to pay maintennace for child & her for a period. But DWARKA court had made that 7 lacs inclusive of everything, they wanted that money seperately but Dwarka court had refused.

I just want to get rid of her. With respect to child, i dont have much feelings as I have never seen except once in Dwarka Court as judge was adamant she wont listen the case till child is shown to me and the same day the judge had dismissed her 125. I have kept money seperately (through a saving scheme of LIC) for my baby which matures when she turn 20 so that I am in position to help her if required. definitely this is apart from 7 lacs and have not informed court or anyone. Had even sent health insurance for child for 4 lacs so that her health can be taken care in case of emergency. may be i file for custody later if things are better for me as right now neither i can win nor i have my condition to take care of child as i have an ailing mother. So right now I just want to get rid of my wife

Pradeep Kumar (Lawyer)     29 October 2011

She wants more money.After all this you have reached a situation wherein she is giving you divorce on Mutual grounds.I can envisage that if you give more money and talk to her lawyer,she will come to second motion.Arrange more money and give them the last call.FINAL CALL TO ACCEPT THE NEW OFFER.

Pradeep Kumar & Associates

                     Advocates

Chamber-208,CSA Block,

District Court,Gurgaon

(M) 09871765000

(O)0124-407850


(Guest)

dont give her any money let her get it through legal means... go your way.. divorce at your terms... even legal system will not give her much... never give cash to her... its always good to give fd in childs name... and you be guardian or jointly with your wife... their focus is money... let her open body shop... you dont bother...

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 October 2011

:-)

 

Same query has been posted elsewhere too. 

 

Bros, if you after staying with her can not understand her, how can we. Most men here have not been able to understand their own wives, leave question of understanding your wife.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


(Guest)

one think i understand that if legal course takes its own time, even after decades what she gets is definitely less than what you compromise and give now... and there are appeals until SC... just play 5 day test cricket...

Virendrakumar (Additional General Manager)     31 October 2011

My Friend's Daughter was married in May 2009. She is acomputer Engineer but she had leave her job  as she had to travel Scotland Uk  with Boy. Boy is an enginer and was deputed by his Indian firm abroad for a project. Both had dispute in Uk . Then they came to India. Problem was not totally solved. Boy is very High Temper and egoistic Finally she became victim of Domestic violence by a Boy. She complained in police but she was advised that if you want to take divorce go for it. Do not complain as it will last for 5 years and will be harsh for a boy. She has kept complaint pending and has asked for a meeting for divorce discussion. She seeks advise on following.

1. What about gifts Gold ornaments given by boy to her . Can she ask possession of the same?

2. How much fixed amount she can claim from a boy for mutual consent divorce?

3.Should she go for criminal case agai n stboy for domestic violence?

Pl advise soon= Virendra sanghvi


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query