Hello Respected counsels, please provide me with your valuable suggestion for my below issue.
I am Dev and I filed a Divorce case in ponneri court in March 2011. My wife first turned up to the court only in Dec 2011. Then the matter was referred to lok adalat in the same court. She appeared in lok adalat only once and then applied a maintenance case in pondicherry. She stopped attending the lok adalat and went to chennai high court asking for the ponneri HMOP to be transferred to pondicherry to be tried along with her maintenance position. I proved to the high court that she was very much residing in chennai and provided proofs. Then the ponneri case was transferred to Tambaram sub court.
I am paying Rs. 2000 maintenance to her and Rs.2000 maintenance to my daughter. This is from March 2012.
Even in Tambaram court the matter was referred to lok adalat but she attended only one sitting. Even after court notice was sent, she didn't come to court. Case was transferred back to court. Since she or her counsel didn't show their presence for more than six months, I got ex-parte. But then things started changing.
Now after the ex-parte was granted to me, she filed a petition to reopen the case and it had been reopened. Immediately she again filed a RCR in pondicherry (after five years). Within a week she filed another transfer petition in chennai high court asking for the HMOP from Tambaram to be transferred to pondicherry to be tried along with her RCR.
My questions are :
1. Is the RCR valid as she had filed it after five years. If She could have filed RCR first instead of maintenance case, then it shows true intent for reunion.
2. Can i show the earlier high court order and stop the HMOP getting transferred to pondicherry?
3. She has no intent for reunion, she once even got arrest warrant against me on pondicherry court and also she has never talked to me since I filed divorce case five years back. How can I prove this to the court?
Sorry for such a big message. Any suggestions would help me a lot.
I would like to add one more information. At the time when she initially filed a transfer op in chennai high court, she was staying in chennai and I provided proofs to the high court. But now, she is working in a school as accountant in pondicherry and my daughter is studying in the same school. Though she is claiming that she is not working, can she use my daughter's schooling details to get the HMOP transferred to pondicherry?