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the course forcing/advising to pay alimony.

Business

Hi Experts,

I filed divorce petition under cruelty. She was deserted me for 1.5 year when I was filing the case and 2 year when the first hearing. There was almost one year of counselling to unite, she was not replied wither to unite or separate. In the counselling the counseller was asked to pay money to wife, I said she deserted me and I am willing to pay but not she is asking. She is asking 25L from me with the Jewels what we had given to her.

The case came to court again, Court asked to file counter petition from her side. She taken 1 year to file divorce, court was not forcing. Once she filed counter, judge asked us to unite or divorce. She agreed to go for divorce in front of judge. But she asked me 25L in outside of court. I said no.

Court informed us, last hearing enquiry will start. but her lawyer not come. Judge asked me to pay money and close the case otherwise it wont end. i said I didn't do any mistake, I want to contest. I also wont be able t o pay what she is asking. Judge said, she will send us for mediation.

I am not sure why again mediation. The time only is going but nothing happening in court, just going and coming. Pls let me know how to make the case fast and complete the case.

 
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Lawyer at Supreme Court of India

Dear, Approach the High Court and seek necessary directions for disposal of the case at the earliest and on merits as well ... I mean how can a judge ask you to pay money without any fault of yours... Apply for transfer of case if you think judge is biased .... Kapil Chandna Adv 9899011450

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Business

Thank you sir. Please let me know what is the way to approach the High court. I discussed this with my laywer, he says me to write a letter to chief justice of India, high court saying the judge is biased and she is forcing to pay money.

I was telling him to file a petition to the high court, he says it is RIT petition and that will take hugh money. Is it true. Is my lawyer is cheating me? Please guide. My case is running at Madras family court.

 
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advocate

the amount which she is demanding is one time maintenance amount and it can be called her alimony and court will ask you to pay and settle the issue or make you to negotiate through your lawyer 

and normally there will be no fault of respondent who wants to contest the case till last and wants to give a fitting lesson to her wife but due to such long time spent in the court lastly everyone will be frustrated and finally settle to pay some amount without any fault of yours and settle the issue and take divorce decree 

in high court you have to file a petition and take a prayer that to complete the divorce decree within a stipulated time period and high court will order accordingly after you file petition and if opposite party objects to it then case will go for arguments then will order the judgement 

and about your lawyer saying to file a complaint to CJ means complain against the judge in to him and you being a party you have to write the letter 

 
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Business

Hi Sir. Thanks for the reply.

Can you please guide me how to file petition on the high court. Any sample petition can I get. Can you also please let me know if any name of the petition. So that I can ask my lawyer to guide me.

 
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