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Rajeev Rao Gautam (SSE)     27 July 2010

need a help on 13B

We have file case under 13B section to dissolution of marriage. After serving the notice period (i.e. 6 months), I appeared in court but my wife did not appear in court. On the basis of this scenario court dismissed my case. I have already paid 8 lacs rupees for maintenance in presence of the court and whole amount paid by DD. She did not pick my phone, even not my lawyer’s phone. My family gets tired by my wife’s attitude and we want to get rid of this problem.

Please help us. Shall I proceed with Appeal or launch new case under section 13?

Descripttion of the case is:

Ist Party – My wife

IInd Party – Me

Case file under section: 13-B

Date of marriage: 18/05/2009

Date of filling case: 7/1/2010

Date of hearing: 8/7/2010, 9/7/2010, 12/7/2010

Date of decision: 23/7/2010



Learning

 10 Replies


(Guest)

You have mentioned all other details except terms of Agreement / MoU of S. 13 B. Kindly mention the silent paras for ld. members of LCI further comments.

Rajeev Rao Gautam (SSE)     27 July 2010

Hi Arun,

Please find the attached copy of my case.

Regards,

Rajeev Gautam


Attached File : 43 43 scan0002.pdf downloaded: 148 times

(Guest)

I draw your attention to paras 9 - 13 !

She can't back out of joint agreement when your side has fulfilled all terms and conditions and moreover Court even can't dismiss it now.

Advise now what is mentioned in Dismissal Order (pls. in English) I failed in 10th. in Hindi sorry to recollect it  now !

Rgds.

Rajeev Rao Gautam (SSE)     27 July 2010

Thanks Arun for quick update..

In para 10. She is accepting in agreement. I am taking 800000 rupees from my husband in the presence of the court. Also this para mentioned the details of DD/bank's chaquee. She is also accepting this amount on the basis of compromise and dissolution of marriage.

My lawyer advice me please file case under section 13 Hindu marriage act. What should i do in this stage as we have paid much more amount? I have already recorded the session of discussion which i had recorded at the time of discussion/ panchayat @ my home before putting paper in court.

Order of court is:

Ist part (My wife) is not presented in court and second party (Me) is presented in court. On the basis of the current scenario the court dismissed the said case.

 

 

 

Rajeev Rao Gautam (SSE)     28 July 2010

Hi Arun.

Please update me about my case.

Regards,

Rajeev Gautam

CommonMann (Software Professional)     04 August 2010

Rajeev, the only way is now based on cheating of your wife you have to file case under section 13. Yo will get divorce because you have paid her the money she wanted and she agreed on terms. Also you can note down my email id for any further talk. Its charanpreet.hora@gmail.com.

Rajeev Rao Gautam (SSE)     16 August 2010

My counsil has put case against my wife under section 13 on same court (district level)

Please suggest he has taken right approch or not?

Regards,

Rajeev Gautam

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     18 August 2010

u may also proceed 13B, as per decision of high court wherein without appearance of girl, court can grant divorce on the basis of compromise deed between parties.

Rest 13 is also right but time consuming and long process.

Rajeev Rao Gautam (SSE)     18 August 2010

Hi Kamal,

Thanks for replying on my problem. We had already applied for divorce under section 13B in lower court (i'e' district level). but my case has dissmed due to reason of my wife is not presented at the time of discesion.

Please let me know if i can apply for divorce under scction 13B in high court. will i win?

Please read attached note file.

 


Attached File : 43_43_scan0002.pdf downloaded 23 times  

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     02 September 2010

Dear author,

Ur lawyer is rightly suggesting to go for divorce under section 13 for causing cruelty and cheating.U can call me for further details at 9871158578 


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