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Kanan (IT)     27 March 2015

Please advise

Marriage on 10 Dec 2011.

2.Child born on 1 Sep 2011 in malayasia. Wife caught sending love messages to lover, wife aborts child and flees malayasia with all the gold items from the bank locker in India.

3.Husband files divorce on 1 Sep 2012 on grounds of cruelty.

4.Wife files maintenance on 1 Jan 2013. Family court grants 25,000 monthly from the date the case was filed till he was working and 10,000 monthly from the time the husband lost his job. Husband challenges in high court and High court asks for all previous arrears to be settled but reduces the amount to 10,000 from 7,000 as the husband is not working.Husband pays all the arrears and continues to pay 7000 monthly till date.(All henious allegations in the case which even a dreaded criminal cannot think of)

5.Wife files DVC near protection officer on 17 Feb 2013. Wife does not follow the case.(All henious allegations in the case which even a dreaded criminal cannot think of).All same allegations in maintenance, DVC and 498.

6.Husband flies in/out malayasia to follow his divorce proceedings. Wife stays absent all along inspite of conditional orders.Husband gets exparte proceedings. Wife files transfer on thesame day. Case goes to high court, high court transfers the case to wife's place on Jan 19 2015 without looking in merits of the case.

7.Wife files 498a on 14 Jan 2014 ,1.8 ys after filing of divorce case.Husband passport confiscated. 8.DVC case goes to the court on 21 Feb 2015. Wife's side ask 70,00,000 for her and 30,00,000 for kid and also residental orders and 10,00,000 to be paid back as reimbursement towards marriage expenses.

My questions-

a. Will the magistrate again grant maintenance given the fact that Im already paying maintenance of 7,000 monthly.

b.Residental orders - will the magistate grant residental orders. The house is in my father's name and after the detah of my father it automatically comes in the name of my mother.I have already gifted my share of the household back to my mother on 30 Mar 2013.All my family including mother and 3 brothers (1 deaf and dumb stay in the house). How can they fight back? Any judgements to help us with citations. Please help. Any remedial measures I can take. I cannot bear my family suffering bcos of me. c. High court tansferred the divorce case to wife's place on condition that divorce case and maintenance case to be resolved in 6 months time frame. Is this binding on the lower courts.



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