Dear Sirs,
I filed for Divorce in Chennai FC, on the grounds of mental cruelty in June 2006 and interim custody of child in 2007. Son is 8 years old and stays with mother.
In April 2010, she won interim maintenance u/s 24 for self and minor son totalling Rs.3000/-. I preferred CRP and obtained interim stay from High Court, subject to a deposit of Rs.30000/-.
Proof of Affidavit was filed in Main OP from my side and i am due for cross examination.
Whereas, the other side, besides filing a petition under Crpc 125, has also been resisting the cross examination (PW1 ) since 1 year and filed a memo to this effect. During last hearing other side argued that they are filing an affidavit (IA) claiming that the Main OP cannot be proceeded until disposal of the CRP for final orders at HC.
It is not known as to when the CRP case will be taken up by HC for final orders. Under the circumstances, please clarify the following:
1. The HC had stayed only on the proceedings of Interim Maintenance order, which means, Main OP can be proceeded with. Under the circumstances, is their argument is legally correct? If not, can I file contempt of court (HC) proceedings against her?
2. The Crpc u/s 125 is pending before the PJ court, and despite this, the Respondent is unwilling to conduct the Main OP and dragging the case since one year. Are there any provisions under which i can seek dismissal of the Crpc case?
3. Please advise on how to get the trials conducted in the main case without any further delay.
With Regards
GJ
