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harish (manager)     25 March 2015

Rejoinder

respected all seniors

i have filed for first motion in august 2014 and paid a partial amount of 3 lacs against alimony,stridhan ,future and past maintenance etc.  which was decided.

the second motion was due in march 2015 in which i need to pay rest of the amount ie. 3 lakhs, now as per the court's direction i have a 12 months grace period for filling of second motion and i am a service class person and unable to collect the rest of amount . my salary package is 25000/month  and due to the case i am unemployed at present.

my wife is filing an itr of more than 6lpa from the past 5 yrs and have few assets as well in her name.

i am getting legal notices from her lawyer asking for second motion which i have not taken , i have been getting constant calls from caw cell as in the petition it was written ,"if i do not go for second motion previous complaints will be continued"

i want to know that - what is the caw cell's role in this if the first motion is filed in court. secondly i do not have the rest money to give due to unemployment and i do not wish to give as well.

i was thinking to file an application of rejoinder in caw cell as my wife is very keen on taking divorce and they have approached me 17 times in 12 days(including calls and notices)

can i simply tell the caw people that i do not have money and court has given 12 months grace(6+12)for second motion ,pl guide me to a solution

regards

a real sufferer



Learning

 2 Replies

Adv. Chandrasekhar (Advocate)     25 March 2015

If you don't pay, nothing is going to happen.  You won't get divorce.  She will be entitled  to revive all her cases, she had withdrawn earlier.  If any interim orders such as maintenance, residence orders were there, they would be revived.  If she would be interested to get divorce and come out of this relationship, she may after some haggling come up with a proposal that she would seek your consent in second  motion bereft of the amount you promised earlier.  So, tell the CAW cell that you are not in a position to make the further instalement for second motion.

harish (manager)     28 March 2015

but am i correct that the cases will revive only after expiry of 12 month's grace perios or she can revive all by end of 6 months . i have already told her that at present i do not have money and court provide us 12 months grace.

i am little confused on dis.

secondly ,i have returned all jewellery and articles whatever mentioned in her annexure is settled in writing in court. she did'nt file any 406 earlier ,is it possible for her to file 406 now?

regards


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