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rano (nil)     13 June 2011

Section 13A Vs Section 498A

hi there, my name is rano.my husband has got divorce ( 13A ).but i have not got money what i wanted.

dowery case 498a and few are going on but my husband is not coming. he has given few civil hospital paper and showing that he is sick...what should i do ?

in divorce - i have given the statement that i am not ready to go with him. and the judjement was in his favor.



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 25 Replies

Adv. Chandrasekhar (Advocate)     14 June 2011

In divorce case, what money you wanted and what money you got.  tell us clearly. 

In 498-A case, if he continuously is not appearing in court, you can ask the judge through your advocate to issue non-bailable arrest warrants for compelling his presence. 

rano (nil)     16 June 2011

hi there,

pls check and do the needful..

I have not demanded as my advocate said that we will get money through 498, is that true. ?

my statement was  : As i had tried twice for compromise but my husband is not ready to take me back,, so please grant him for divoce...but whatever case is going on between us will continue and will be go on .as i have got govt. job so i dont want any maintance charges too".....as per my advocate., is that right. ?

i think..my advocate is not reliable .

i wanted to know that ..what kind of cases my be filed up by my husband ? will it be harmfull for me ?

advantage is that my husband is leaving in another state.

 

Thanks and Rgds,

rano

 


 

Adv. Chandrasekhar (Advocate)     16 June 2011

I wish to give you proper advice.  But your postings are confusing.  So please try to answer these following questions to get proper answer.

1.  Whether your husband has just filed divorce petition or the case in divorce petition has been completed and he got a divorce decree?

2.  If he has filed the divorce petition and if it has not been decided yet, under which section (or under which ground, i.e., cruelty, desertion) he filed the divorce petition?  Now at what stage, the petition is lying there?

3.  You said you gave a statement - "As i had tried twice for compromise but my husband is not ready to take me back,, so please grant him for divoce...but whatever case is going on between us will continue and will be go on "

where did you give this statement?  In the court or in conciliation proceedings in divorce case or in conciliation proceedings at the time of filing criminal complaint?

4.  If the divorce decree was already passed on what date the decree was passed?

5. WHAT DO YOU WANT NOW?  IN ADDITION TO THE AMOUNT YOU REFERRED TO, DO YOU WANT TO KEEP THE MATRIMONIAL RELATIONSHIP IN TACT OR WANT A PEACEFUL DIVORCE DECREE WITHOUT CONTESTING IT.

NOW BRIEF INFORMATION:

In the divorce case, a woman is entitled to interim maintenance during the pendency of the litigation and also litigation expenses.  As you do not want both of them, as you are in Govt. service, it is O.K.  But at the time of passing the divorce decree, the court can grant "permanent alimony" to the wife if she is in need of money to maintain the same life style as she was maintaining in matrimonial home.  This amount will be lumpsum amount or monthly payment depending upon the financial status, earnings and properties of the husband.  Even though it is not expressly mentioined, this amount is also to compensate the wife for the disability she faces as widow.  In addition to this, the wife can reclaim her stridhan.  Now, you explain us exactly what you mean by saing that you did not get the amount what you wanted.

Section 498-A is a criminal case.  In this case accused (your husband) will be tried for the mental and/or physical harassment caused to you during matrimonial life.  The maximum punishment for this is 3 years.  In this case, you will not get any amount.  But some advocates suggest that as Section 498-A is a criminal case, there will be pressure on the husband and for withdrawing the case by the wife, he may pay the some amount.  But actually, the pressure will be there only for a week from the date of lodging of FIR.  Once he gets bail, then there will be no pressure.  Further, your advocate's role is also very limited to conduct the trial of section 498-A.  This case will be conducted by the Assistant Public Prosecutor. So, if the husband has not offered any amount at the initial stage of the case, there is remote chances as he will pay it later and the likelyhood of conviction of husband in section 498-A is remote.

wish you best of luck.

rano (nil)     18 June 2011

hi there,

i try to give answer.

1.  Whether your husband has just filed divorce petition or the case in divorce petition has been completed and he got a divorce decree?

answer : - divorce petition has been completed and he got a divorce decree.

2.  If he has filed the divorce petition and if it has not been decided yet, under which section (or under which ground, i.e., cruelty, desertion) he filed the divorce petition?  Now at what stage, the petition is lying there?

answer : - earlier he has done section 9c.and after 1 yr he has filed divorce so divorce is given and further i had given in written that i have no problem to give him divorce. As per my advocate ..judgement has been passed.

3 .where did you give this statement?  In the court or in conciliation proceedings in divorce case or in conciliation proceedings at the time of filing criminal complaint?

answer : - in the court no 12. where divorce case was proceeding. my 498a is going on in another court , court no 13.

4.  If the divorce decree was already passed on what date the decree was passed?

answer :- on 2nd Apr 2011.

5. WHAT DO YOU WANT NOW?  IN ADDITION TO THE AMOUNT YOU REFERRED TO, DO YOU WANT TO KEEP THE MATRIMONIAL RELATIONSHIP IN TACT OR WANT A PEACEFUL DIVORCE DECREE WITHOUT CONTESTING IT.

answer : - i want 1 lachs plus my jwellary coust about 1 lachs. WANT A PEACEFUL DIVORCE DECREE WITHOUT CONTESTING IT.  + he has not given maintance charge which is per month 2000rs and now totaly would be of round about 50,000 rs.

 

rano (nil)     18 June 2011

one more thing,

i came to know that opposite party's family member is under one crime ( i dont know what kind of crime  but he has taken a stay anyhow from that case).

if want to remove that stay what should i do ..?

rano (nil)     20 June 2011

HI THERE,

PLS SUGGEST ME.
 

rano (nil)     20 June 2011

HI, THERE,

I AM HAPPY TO KNOW THAT MY HUSBAND'S FATHER GOT HART ATTACK . AND MY HUSBAND LOST THE JOB ALSO... I WANT TO DO SOMETHING MORE WITH PROTECTION.

CAN MY HUSBAND TAKE ADVANTAGE FOR THIS HART ATTACK  IN 498A CASE ? MY ADVOCATE SAY THAT HE CAN FILE THE MANTANCE CHARGE. IS THAT TRUE.

Adv. Chandrasekhar (Advocate)     20 June 2011

i want 1 lachs plus my jwellary coust about 1 lachs. WANT A PEACEFUL DIVORCE DECREE WITHOUT CONTESTING IT.  + he has not given maintance charge which is per month 2000rs and now totaly would be of round about 50,000 rs.

As per your reply, you are entitled to maintenance of Rs.2000/- per month which amounts to Rs.50,000/- only.  I guess this amount is by virtue of the order under Section 24 of Hindu Marriage Act, when he filed RCR case (Section 9 case).  If that is so, you can file execution petition for recovery of the same in the same court, where the order is passed and you will get the same. 

If your husband is working (do no believe he has lost job) and he has got property, then you can move an application under Section 25 of the Hindu Marriage Act for permanent alimony (some lump sum amount) in the same court from where you got divorce.  Regarding Rs.1,00,000/- in lieu of stridhan, you can file a petition under Section 12 of the Domestic violence Act,  but for that you have to prepare to prove that 1,00,000 worth jewellery was given to you as stridhan at the time of marriage and your husband and in-laws retained them.

Section 498-A case willl not force your husband to pay the above said amount.  Your advocate is not reliable.  Change the advocate immediately.  He has mischieved you in Section 9 case also and he is mischeving you in Section 498-A case.  I doubt he is spreading lies about your husband losing the job.  After losing the job also, he cannot file any maintenance case against you.  Just to avoid of paying the above said amount, he is spreading lies that he lost the job.

His other criminal cases not related to matrimonial problems will not help you to get any advantage.

do not celebrate your in-law's death on open forum.

wish you best of luck. 


 


(Guest)

I agree with adv.chandu advise .

@dear rano

Follow the advise given by learned adv.chandu.

rano (nil)     22 June 2011

hi there,

thanks.

Family court ordered him to pay 2000Rs/month in Dec 2008. but he has not pay a rupee till date.

He has sent in jain in Dec 2009 and again Dec 2010 for same but not paid a rupee.

Now divorce has also be done but he has not pay a single rupee. Today i came to know that  in divorce order there is a statement written that - " hindu vivah adhiniyam ke tahat section 24 nirast mana jayega.May 2011 "
 what does it mean ? have i lost 50000Rs. ?

Divorce order done on May 2011, is it the valid ground for 482 ? ( as i am readiing on your forum to quash 498A)

rano (nil)     22 June 2011

one more thing,

i came to know that opposite party's family member is under one crime ( i dont know what kind of crime  but he has taken a stay anyhow from that case).

if want to remove that stay what should i do ..?

rano (nil)     24 June 2011

hi there,

pls help me. i have appointed a new lawyer and he has done Nob baillable warrant for husband.

but i want to know by u also what will happen now.

does any chance for my husband to survive..what whould be ?

Tajobsindia (Senior Partner )     24 June 2011

 @ Author

" hindu vivah adhiniyam ke tahat section 24 nirast mana jayega.May 2011 "


It is because you gave consent / agreed for a 'consent decree' and agreed to grounds he mentioned in his divorce suit thus above is observation of the Court. It also implies that his grounds were proved un-contested thus you were not eligiable for maint. pendentlite. Had his rcr converted into divorce suit been contested then the arrears would not only be paid by him before decree sheet is passed but the final outcome in divorce suit could have been different as of today.


In my opinion reading your briefs and exchanges between ld. Adv. Chandu you were tricked (collusion) into a situation of 'no contest divorce' as well as were put to pressure and ‘collusionto accept divorce and it was rightly advised by Ld. Chandu to change your Adv. which according to you did !


However it is also my opinion that since the Appeal period from divorce still there (subject to certified copy delivery date read with minor delay if any by way of condonation of delay application which will be allowed is my view) you should with your this new Advocate open up the Divorce case instead of opting for a new litigation chapter i.e. under S. 12 Bharat Ratna DV Act to claim stridhan as provision under S. 27 HMA is already there for stridhan. This way what will happen is his divorce decree will be reversed and it will now be contested by you and simultaneously the arrears thus accumulated till decree date will be allowed by way of you filing post appeal period a Execution Petition to recover the same. 


I also mean to say here that the lesser the litigation the better clarity there with laymen litigant which based on your briefs it reflects and lesser will be confusion and HMA has all the provisions to not only get back your stridhan but recover the S. 24 HMA awarded @ 2 K / pm till decree date and also for decree in divorce proceedings to winning party at proposed later date. Also for alimony (means one time maintenance payment to you) you have provisions under S. 25 HMA post and or at the time of passing decree in divorce proceedings so HMA has better and easier relief than S. 12 Bharat Ratna DV Act and lesser litigation cost you may bear only if HMA cases are opened and continued. Anyhow the S. 498a IPC is also there.

Off the briefs out one think is there that your husband is smart and had a better ld. Adv. to guide you but then you always has choice to follow as suggested above i.e. open decreed divorce case and get decree set aside and thus recover S. 24 HMA maint. award and also file S. 27 HMA to recover your stridhan and later after contest the divorce pray for one time alimony under S. 25 HMA.

rano (nil)     26 June 2011

hi there,

pls help me

i wanted to know within how many days my husband can file a 482? divorce done in May 2011.

i have come to know that my husband has no fear of Non baillable warrant .. is there any chance for him to be free like nothing has happend ?


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