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gaurav singh (clerk)     19 December 2010

Suggestion in DIVORCE CASE

Dear Sirs,

I filed a petition U/S 13 of HMA on 20/08/2010 against my wife on the basis of CRUELTY. as she was doing badly misbehave, thretening, etc.  with me . She is not living with me continuously for 1 year and ir- regulalry for 3 years. if we remove 3 months,  the  period wll be continuously for 3 years. therefore,  I filed it in FAMILY COURT UDAIPUR. while she is living in JAIPUR. Sir, now i want suggestions that:-

1) She attended first date on 20/10/2010 in udaipur court and she did not any written documents or other relavant docs. she was asked to bring it on  next date  that was 24/11/2010.

2) On 24/11/2010 she did not attended the date. and i attended it .and the next date is given as 06/01/2011.

3)What her next step may be against me , whether she can still do any harmful action against me

4) She never lived with my parents as they live 180 KM AWAY  from my present place. that is UDAIPUR 

5) How should i approach now to get divorce 

6) What should i take precautions from the devil of 498. 

Suggest me Sirs,

Gaurav Singh



Learning

 16 Replies


(Guest)

everybody has got right to defend themselves.  So wait and watch.  ask your lawyer to urge the matter on the hearing date.

adv. rajeev ( rajoo ) (practicing advocate)     19 December 2010

She may take time to file her objections to your petition.  even if court orders that " no bojecction" she may file an application seeking to set aside the order and to file an objections. So wait for that, if even inspite of several chances given to her to file her objections , she didnit file then you can proceed with the case.

G. ARAVINTHAN (Legal Consultant / Solicitor)     19 December 2010

What is the necessity to proceed in 498 case. dont apprehend everything and act

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     19 December 2010

Moreover, she can domestic violence and maintenance against you besides 498-a/406 ipc. For further details u can call me at 9871158578

niranjan (civil practice)     19 December 2010

It is advisable that you should not get exparte divorce,otherwise she will come back and ask for restoration and will delay the matter, so wait.

Self service (None)     19 December 2010

If husband send RCR notice to wife who left home to pressurise for her demands. And wife replied with false serious allegations like impotancy or mental retardness with more demands. This can be used as husband for basis of filing divorce under cruelity 13 i a? A notice reply by advocate is evidence for unresonable demands and false allegations ofcource if other party failes to prove any thing?

Avnish Kaur (Consultant)     19 December 2010

wait and watch . 498a will not have any useful purpose served as u are already in a proceeding against her. if she does not reply next time just move application to court to approve ur prayer in the petition if she replies just post her objections to get an advice. just file a befitting rejoinder and also plead desertion against her..

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     21 December 2010

File your application in the local Police Station mentioning your apprehensions about filing of false cases by her.

Best option always is Mutual Consent Divorce.Instead of alleging each other and paying fees to advocates and wasting time, money and energy it is better to go for reconciliation or MCD. 

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     28 December 2010

There should be equilibrium in law and justice and its should not be gender biased. Today women is claiming ,maintenance whether they have any real problem with their husband or not but they are claiming it as a matter of right and it becomes business now to earn easy money. Marry the rich person , do quarrel with them and then claim maintenance and alimony. When she is not ready to co-operate and take care of her husband and family then why she should get any maintenance/alimony. IT MUST BE STOPPED AND BE GIVEN ONLY IN DESERVING CASES WHERE HUSBAND IS GUILTY AND WIFE IS INNOCENT.IT WILL SAVE THE FAMILIES. It is a jungle raj and way to become rich on others money. If husband has duty to maintain her wife then wife has also duty to take care of him and give love and affection. So there should be no maintenance at all for wife's who are just trying to enrich them by using this ANDHA KANOON. Certain suggestions to preserve families and to save them:  No maintenance till guilty is proved and if husband is ready to reconcile and bear all the expenses of wife and children if she re-joins him.  No maintenance and alimony in the 2nd marriage if she has got it in the first divorce.  No maintenance if she can maintain her or her parents can maintain her and if husband is ready to take her back.  Compulsory mediation for avoiding long legal battle.  Law should be such that both husband and wife try to reconcile .  Law should not be favoring anyone to ensure that marriages are saved. Domestic violence complaint / fir should be filed within 24 hours of alleged incidence in place of today's situation in which wife and her parents try to black mail the husband and his family to agree to their terms and if they do not agree then they file case even after many years. DV Act must be applicable equally to men and women as today women is more aggressive and ill-treat, abuse, beat husbands and in-laws but the DV Act not applicable to them. It must cover wife's and their families to ensure equality and justice. Limits provided in the Act for filing mutual consent Divorce after 1 year separation, desertion of 2 year,3 years for IRBM etc. should be removed and it should be only 3 months so both can start their life’s afresh. When two persons can marry without any waiting period then there should be no waiting period for separation. The most important thing is to fix time limit for completion of hearing and disposal of case in any court say 6 months only. The cases must be tried on fast track basis. The infrastructure of the legislative system should be strenght4ened and cases must be disposed off within 6 months. For filing cases some minimum requirement of proofs etc. must be there and it should not be like this that for any small small issue anybody can go and file the case. Specially for family matters pre-litigation mediation must be compulsory and the behavior/flexibility of each party in resolving the issue must be recorded and should be base of their case in future (if any). Pre-neputal agreement should be made legal so husband and wife are aware before hand what they are going to get or loose if they part there ways and they should be allowed to take divorce on the terms mentioned in the agreement without going to court. MAXIMUM LIMIT OF MAINTENANCE AMOUNT BE FIXED IN THE ACT ITSELF TO STOP ITS MIS-USE THERE MUST BE STRICT PENAL PROVISIONS FOR PETITIONER AND ADVOCATES FOR FILING FALSE CASES.IT WILL REDUCE LARGE NUMBER OF FALSE CASES. AS PER STATATICS 95% DOWRY/ DOMESTIC VIOLANCE CASES ARE FALSE.ONCE JUDGES START PUNISHING THOSE INVOLVED IN SUCH CASES THERE WILL BE SEA CHANGE. Dowry law, Hindu Marriage law, Domestic violence Act etc. must be made equal for both husband and wife. Lacs of husband are suiciding because of these biased laws. FILE REPRESENTATION BEFORE COMMITTE OF PETITIONS OF RAJYA SABHA FOR CHANGE OF 498a TO STOP ITS MISUSE BEFORE 30.12.2010 If husband has a duty to maintain his wife then he must have some rights also and if wife has right of maintenance then she must have some duties also. The government of India who has enacted this type of illogical law has on its own part giving this type of maintenance/allowance etc. to citizens of India if they don’t have any earning/job etc. NO not at all. In NAREGA they are just giving guarantee of work for 100 days and wages for the days worked so this should also be applicable to husband and wife also. This blackmailing by wife's must be stopped forthwith.

Sanket Sharma (AM)     11 January 2011

Hi, Is their any time limit for filing objection or how many chances can she take for filing objection under Law

Avnish Kaur (Consultant)     11 January 2011

90 days

Avnish Kaur (Consultant)     11 January 2011

90 days is the directive , but may not be mandatory in matri cases as family courts tend to be a little biased. if she files after 90 days , put a strong objection to it and hope that your objection works.

Gaurav Agarwal (Engineer)     16 March 2013

Hi Gaurav,

My wife too has filed a maintenance case under section 125 in the family court of Udaipur. I do not have a complaint copy of it. Do you know any good lawyers of family court in Udaipur?

 

Regards,

--NP


(Guest)
Originally posted by : Need 498a help

Hi Gaurav,

My wife too has filed a maintenance case under section 125 in the family court of Udaipur. I do not have a complaint copy of it. Do you know any good lawyers of family court in Udaipur?

 

Regards,

--NP


What for you need lawyer man?

Just to get copy of complaint???

DO one thing, go to bar association counter, ask for copy sheet, pay 50ps, take one copy sheet.

Fill the copy sheet with details of case number you v/s her date of filing application etc. then sign it below. take your ration card, voter card or DL for identity proof.

Go to copying section of family court. give application, ask where to pay copying fees. Give 10 rupees as copying fees [later they give change back]. take copying section application number which they give you. Dont lose that number which they give you, as when they tell to come on some date, or perhaps the same day you might get the copy [so carry ID proof] They will tell get one lawyer to identify. You tell no need, I am the petitioner here is my ID and show ID, they give you complaint copy!


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