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Aaryan_Aaryan (analyst)     28 January 2012

Victim of indian matrimony law

Hi,

I got married in 2007 and my wife stayed with me for only 3 months. I kept asking her to come back but she turned all my requests down. In 2009 i met a lawyer in my neighbourhood and he lured me that he could get me divorce in no time and accordingly he filed a section 13 petition in the Mumbai Court. On getting the summon she got infuriated and backfired with false DV Act and 125 CrPC and besides this applied in SC for transferring the cases to Delhi and it actually got transferred to Delhi then.

And since then...life had turned nightmare. Travelling to Delhi for every date had made mine and my parents life hell. Had lost my profession and right now the DV Act had slapped me an interim maintenence of 30K, against which i went to the session court which had right now reduced it to 15K till final decision.

Kindly advise remedy.......I am a bad time victim of Indian Matrimony Laws.....Please help me.....save me.....



Learning

 13 Replies

Ranee....... (NA)     28 January 2012

Come to a compromise when your case would be sent for mediation and counselling by the Court.

Shantanu Wavhal (Worker)     28 January 2012


more than 2 yrs separation is a ground for divorce.

what were the other grounds specified in ur divorce petition?

Aishwarya (Teacher)     28 January 2012

rise above for the appeal ie.. lower to session and then may be high court for getting the maintenance amount further down and u can tell ur condition that u dont have any job as u said u lost it...

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     28 January 2012

Dear Aryan In this regard you can call on my NO.
1 Like

(Guest)

Nadeem Saab, why don't you provide Aryan free advice in this open forum?

One can imagine what a family breaking element you are!

N.K.Assumi (Advocate)     30 January 2012

 

Cr.P.C. Sec 125(4) - No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if,without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent. “Here the expression without any sufficient reasons” will be crucial for your case: Highlight it in the court that she deserted you without any sufficient reasons and that the present case is adopted by her simply to harass you and for maintenance only.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     31 January 2012

You should file for divorce. The court would try to mediate and end the matters.

 

Otherwise even if one party is unwilling cases run for eternity.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

2 Like

Aaryan_Aaryan (analyst)     12 February 2012

I went further ahead in Session Court with the plea against 30K interim maintenance, wherein they asked me to pay half (i.e 15K) till the final judgement is passed. I had collectively paid the lumsum amount since the cases started and also had been paying the interim maintenance on monthly basis, but since i cannot join back my job......will soon reach the point where i will not be able to do so....apart from that the lawyer too looks at me at every meeting for some amount. Going to Delhi 2-3 times a month is taking toll on my parents health and the full family is too stressed up.

Can anybody get me a way thru.......Very soon i will run out of my finances for sure.....should i hand over myself to police for i won't be able to pay the monthly compenstation or kindly anyone advise me how to avert arrest........

When i tell my lawyer about it....he says he cannot do anything about it............Guess he too might be getting some cut of that 15K it seems...........or may be in distress i am becoming too suspective.......

Kindly advise......

Chaitanya_Lawyer_Mumbai (Lawyer)     13 February 2012

If you do not have any job,appeal against session court order of 15K maintenance in HC.

If your wfe is working or capable to maintain herself,submits the proofs in your petition. 

Aaryan_Aaryan (analyst)     14 February 2012

I am a bit confused and when i ask my lawyer he gives me a confusing two liner reply..... Just want to ask that in the district court i was slapped an interim maintenance of 30K against which i went to session court which ordered me to pay 15K till the final judgement over interim maintenance. Can i go to High court with my plea against session court's order of 15K.....but what happens when the district court eventually decides the final maintenance......do i need to again go to session court or high court against it....or will the high court's decision over interim maintenance hold good.

Chaitanya_Lawyer_Mumbai (Lawyer)     14 February 2012

If you are not satisfied with final order,you will have to appeal to higher court again.

Aaryan_Aaryan (analyst)     09 April 2012

My parents are old n weak to go to delhi from bombay for hearings of DVA. How do i transfer this case to mumbai family court. My wife was easily able to transfer my divorce seeking case from mumbai to delhi where she is residing.

Aaryan_Aaryan (analyst)     25 April 2012

I was fired from my last job due to the ongoing dispute in court between me n my wife. now i must start working to pay maintenence to my wife n to maintain myself n my parents. but i will not get leaves for court dates in a newly aquired job. kimdly advise how i can start working....

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