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gaurav singh (clerk)     27 July 2010

petition u/s 13

Dear Sirs

I got married on 21/05/2005. it was love cum arranged marriage in JAIPUR (Raj.) and  my wife belongs to very poor family and she was living with her JIJAJI who is a rich man. aftr marrige we lived in JAIPUR( Raj) for  one year   year and then i came to UDAIPUR (Raj) as i got GOVT JOB . in JULY,  2006. since then she hardly lived with me for 4 months and continusouly she not living wiht me in for last 10 months and. She alwsy quarral with me and did grt cruelty with me which i cant explain here but i might say tht it was beyond limits.  i m in grt tension now a days and she is not living with me without any legal reason and she alwsy live to her JIJAJI house as thre is grt enjoy of life and i m simple clerk. now i FILED A PETITION U/S 13 OF HMA for DIVORCE. i want to knw tht :-

1. Is my Govt Job is safe against whtever she file any case.

2. Can she file any maintainance case against it

3. I resides for continuously  4 years in UDAIPUR and have filed petition in the same place. Can she get the case transferred to JAIPUR from UDAIPUR . 

4. wht cases she can file against me 

5. Finally i dont want to live with her any more and i  need DIVORCE any how. 

 Suggests me 

thx 



Learning

 3 Replies

Arup (UNEMPLOYED)     27 July 2010

1) JOB WILL NOT BE EFFECTED UNTILL YOU CONVICTED.

2) YES POSSIBILITY IS THERE.

3) YES POSSIBILITY IS THERE.

4) MAINTENANCE; 498A; DV ETC.

5) HAS SHE BUILT UP ANY RELATIONSHIP WITH OTHER MALE? YOUR CASE INDICATES IT. DO NOT HESITATE;  FIGHT THE CASE BOLDLY.

Devesh A. Bhatia (Advocate)     27 July 2010

You can file the case where you last resided together. In this case,  Udaipur is fine. She can put an application to transfer the case to Jaipur but you should challenge it in the court.

She will ask for maintenance which you should challenge as well on the grounds that your wife has a better standard of living that what you can afford. 

If she files a case now, after your filing for divorce, you can pray to judge to dismiss those cases on grounds of her trying to extort money out of you. 

What are the grounds on which you are seeking divorce?

adv. rajeev ( rajoo ) (practicing advocate)     28 July 2010

There is no threat to your job.

She can claim maintenance by filing an application in the divorce petition filed by you.

She can also file a 498A case and DV act cases.

Regarding Jurisdiction:  To file divorce petition jurisdiction is where the marriage took place or where the husband and wife resided last together.  Your question shows that  you both were last resided together at Udaipur so it has got jurisdiction.


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