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C Prakash (Manager)     02 May 2010

Sec13B filed but 2nd motion turn down wife harassing

Dear Friends

My wife & I filed a divorce suite in 2009 under 13B. I settled both temporary / permanent alimony by paying cash money as well as gave her jewellery including my chain & ring ( got in wedding). She did not turn up for the 2nd motion post 6 months and withdrew her consent w/o specifying reasoncase was dismissed by the Family court.It has been almost year since 2nd motion Please heklp me on :

1. Recently got to know she gave birth to twin babies who as per her I m the father. She concealed the fact at the time of filing of 13B petition she is hiding away what should I do? Will it qualify for perjury, as she never told me the same nor did she later told the court / me?

2. Since it is almost more than 2 years of living separately shall I file a Sec 13 with dessertion as ground

3. Shall I appeal in the High Court against the order of court and with ref to latest Maya Jain vs Anil Jain judgement by SC go to HC and then SC, I do not have money / resources to fight in Punjab haryan HC and then SC please suggest?

4. Will I have to again pay her the alimony despite she working at good position or just for babies?

5. Will there still be a chance of DV / 498a despite her not alleging of cruelty so far, my 13 b case as per lawyers helped in her not filing the case?

Friends from Legal Community really need help I have been thru depression .... lost job..... almost came near to death now just want divorce from this female who had been threatening n misbehaving since the time we got married. Our mariage was a love marraige tuned soyr when I got to know of her past realtionships



C Prakash


 4 Replies

R.R. KRISHNAA (Legal Manager)     03 May 2010

Dear Prakash,


When your wife has withdrawn her consent after accepting the money(alimony) you should have immediately filed a divorce application on the ground of cruelty.  If you had paid the permanent alimony on the account of her providing the mutual consent, then you can seek direction from the family court to direct your wife to deposit/refund the money received from you as she has failed to agree for mutual consent.  Do you have proof that you have paid permanent alimony (any document) which has been filed in court? 


I suggest you to talk to her with the help of your family friends and friends in common for both of you and make arrangements for a decent seperation with no further claims from both of your ends from one another. 

C Prakash (Manager)     03 May 2010

Dear Krishnaa

Sir I have largely paid the amount through cash as she was staying separate also she had my debit card more to support her and give her confidence and thinking things will be good however when I felt that things are going sour I gave cheques first cheque I gave she did not encash it but second cheque I gave have photocopy which again she did not encash though.

My lawyer did not file that cheque as proof of giving of alimony

She is not contactable now and even my efforts to see her in office failed as she wanted to file 498a but was not able to do since we had filed a mutual even police didnt file it got to know from some source

Do you feel I should file dessertation or should I appeal in High Court, it is almost 5 months since dissolution of case. I have ben deprived of money and still not divorcing me.

Do I have right on twins and will I get one of them

M.G.RAJESWRI (LAWYER)     09 May 2010

As you hav proof of giving alimony , you can file the same before the court and get direction from the court throug your counsel .  As you said you don't have money  you can go for the aid of legal aid. where counsels from the pannel will help you with the case.

Also in the mean time its better to settle the separation between you two without further claims.  you can try to find her place of living thro common friends or relatives and  to settle the issue by way of  common mediatior as the legal proceedings may take more time if its not by mutual consent.

1 Like

C Prakash (Manager)     10 May 2010

Hi Need help from lawyers in the group PLZZZZ ADVISE


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