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(Guest)

What is the remedy for Husband !

Dear Legal Experts,

Please advise what  is the remedy for husband based on following synopsis?

1999 - Got married

2000 - First female child born

till 2002 - on and off wife stayed at matrimonial home

mid 2002 - Wife aborts without consent of husband

late 2002 - Wife deserts matrimonial home n husband and no where abouts (as in
address) known to husband

from 2002 till mid 2004 - Husband files police report of missing wife and child and with police (off the records) and detectives support he comes to know of the address of wife

mid 2004 - Husband files for s. 13 (1) (ia) (ib) and S. 26 both of HMA and wife files S. 24 HMA and then S. 125 CrPC
Bitter contest of respective suits and wife awarded under S. 24 HMA 5K and for child 2K in mid 2005

late 2005 - Husband gets visitation order to meet child at a Park

till early 2006 - Husband pays the maint. no award in S. 125 CrPC

During May2006 - Husband after seeing the sorry state of girl child withdraws his S. 13 (1) (ia) and (ib) Petition as compromised. Wife simultaneously withdraws her S. 125 CrPC Application and rejoins with child matrimonial home. No compromise (as in written) done by either party.

After staying 3 months (Aug. 2006) at matrimonial home wife leaves with child and files S. 13 (1) (ia) and (ib) HMA and S. 125 CrPC and then S. 24 HMA all in gap of 2 weeks apart in exact filing dates.

Since Sept. 2006 - Husband is contesting all above and he files S. 26 HMA and then S. 25 and S. 12 GWA Applications.

In July 2007 - Husband gets Birthday visitation order to visit child at mother's home for 3 hours. Husband / father goes to memo of Address filed under affidavit by wife place to meet child. They are not found to be living at that address. Husband files Police Complian and SHO sends an SI from police station to investigate based on Husband's application. The SI puts a note in reply stating that both wife / daughter never lived at that address and some body else is living at that address from last 25 years and they have never seen wife and a small child ever living at that address.

In Aug. 2007 - Husband files Contempt of Court and Perjury application in same family court. Then Husband submits Evidence of perjury under affidavit and requests court to investigate. (Law takes its own pace !) Nothing happens.

In Oct. 2007 - Husband gets visitation of child under S. 12 GWA Order.

In Nov. 2007 - Husband gets wife's / child's passport depsoted in court.

In Oct. 2007 - Husband gets restraining order on wife / child not to leave NCR of Delhi without court permission.

In Dec. 2007 - Husband files S. 21 B HMA for speed up of trial in Family Court

In Jan. 2008 - Wife's S. 13 (1) (ia) and (ib) HMA petition gets dismissed due to non appearance.

In March 2008 - Both parties files jointly S. 13 B (HMA) first motion with waiver of second motion. At the time of statement wife asks for more time (Funny)

In Mar. 2008 - Wife's third Ld. Advocate thretans husband in front of ADJ, Tis Hazari inside Court room of filing S. 498a IPC. Husband immediately files purchis (verbal allegations during court proceedings to bring it into record) of his verbal threat and mkes court staff including ADJ witness and sends copy to Bar Councel and Police Station for intiating action u/s S. 156 (3) IPC. Police have sent reply stating since the matter is in court I must approach court. I am aware based on this reply I can get private complain registered..right ?

In April 2008 - Husband files counter claim under S. 23 A

In April 2008 - Husband gets relief in payment of tution fees directly to school where the child is studying till final order on S. 26 HMA comes out.

Again in April 2008 - Husband / father files for 50% summer vacation custody of minor child. Trial Court almost decides to give relief but read next...

In April 2008 - Immediately wife files S. 26 CPC for transfer of Judge and Court claiming family court judge to be biased - actually till date no award on S. 24 HMA to her :-)  

In July 2008 - Husband / father gets relief under S. 12 GWA to take child to picnic for 4 hours on the eve of her birthday. It was followed by wife (fearing I will file another Contempt of Court application in GWA Court)

In Oct. 2008 - As per annual Roaster Change of Judges and Court automatically her Application / Previous Suit is assigned to a new court / new judge. Their application for the same (S. 26 CPC) gets infructious so they withdraw it and attends new court / new judge proceedings.

In Nov. 2008 - Husband files a Memo for expediency of justice on Contempt of Court r/w S. 340 CrPC application filed in Aug. 2007. Court asks opposite party to file reply on next date.

In Nov. 2008 - Husband files a Memo to wife asking her opinion on Mutual Consent Divorce second motion. her reply is Rs. 15 lacs and no visitation / custody and if I agree then all matters refered to mediation for final settlement order. I have refused as I want justice nothign else no matter even if Court sends me in Jail.

In Nov. 2008 - Husband / father files for 50% of Winter vacation custody and next date of hearing is on 18th. Dec. '08

Wife has changed 3 advocates in GWA and HMA proceedings. She has changed 2 advocates in CrPC proceedings and she and or her Ld. Councel has not even appeared in CrPC proceedings (1 date only out of 6 dates)

Husband is pleading in person in all three courts including drafting and filling respective counters till date.

She has been given last opportunity in HMA and CrPC proceedings on daily Order Sheet record of the court.

My question now after above briefs is what relief Husband has in totality and which direction court views will reach...any guess..? Or what should Husband do more to get relief in his favor that is he also wants divorce but is not conceding to allegations of wife's suit and has already filled S. 23 A HMA counter relief as well as Mutual Concent joint Petition....

There is trick in CPC here which I am not able to find to get relief as all types of applications in this wife and husband's srespective suits are above mentioned.

Experts guide me as to where should I go to get relief. Case is of Tis Hazari Court, Delhi. Should I approach HC (I am aprehensive as S. 24 HMA is not yet awarded after 2 -1/2 yrs of litigation).

Frankly speaking just 2 days before next date of HMA hearing I am all confused as to which direction all these are going to end ultimately should I go not to Delhi HC or as one of the late PM said let law takes its own course :-) 

As a last resort I am writing to you highly Ld. experts here hoping some one will carefully review short and sweet briefs of us and reply in correct way what I should do now. Frankly apeaking my old parents are in hospital and I do have a small one man business but since pleading in person most of my finacial resources are drained out and  I again I am confused so any help in right firection will help me and for your kind act of reply I will remain obliged .

Rgds,

Arun
981162 4141

 

 

 



Learning

 15 Replies

Rajan Salvi (Lawyer)     15 December 2008

You have said you want 'justice'. It is a vague term. Pl enumerate exactly what you want now after spending 6 odd years in court matters and realising that you can never have peace of mind with the women you married.


(Guest)

With highest regards to you, when a litigant says that he wants "justice" he means and believes that Hon'ble Court will expedite conceding to relief as prayed by that litigant as his prayer.


"Justice" also means here to me that I want divorce from my wife without accepting to her false, frivolous and vexatious grounds based allegations as they are all covered under S. 340 CrPC and instead of spending another 3-4 years walking down the road to Apex Court I may not want to file another S. 340 CrPC and before that I want "Justice"


I believe you have spent 4 minutes reading my long briefs and as a Ld. Advocate what you feel by which I want to know your views is that I should walk to HC or Apex Court and using Article of the Constitution file under irrt. breakdown of marriage or what is the fate going to be.


I have tried all Applications with correct pleadings and citation references yet I am struck so I also believe that there is a trick somewhere I have not learnt which only a Ld. Advocate here can spot and guide me !


However, thank you for asking just a question instead of an answer I am lookign here which I even ask to various Judges on each date upon date :-)



Kind regards to you Sir,

Arun Kumar



BTW: My wife is a working women and earns somewhere around 12K pm and my ITR submitted sine before marriage till current year also states roughly the same earning capacity. We both do not own any movable or immovable properties in case some Ld. friend is thinking on formula or calulation on maint. alimony !

Rajan Salvi (Lawyer)     16 December 2008

Dear Mr Arunkumar,


                            There is no trick as you call it. From the correspondence i gather you want justice means  you want Divorce. I think that you are also emotionally attached to your daughter and so you have zealously pursued visitation rights. I offer my opinion but do also seek opinion of other senior members of the forum.


My view is that you concentrate now only on the divorce proceedings. After the divorce , visitation rights etc can be pursued. It is said that family fueds are the longest fought and with the greatest bitterness. It seems true in your case. I do not see any chances of reconciliation nor of filing divorce by mutual consent. Pursue divorce proceedings diligently. On top of all, dont ignore the business as it will be the start of another set of problems.

N.K.Assumi (Advocate)     16 December 2008

Dear Arun Ji, Rajan has correctly stated, and let me also add that your marriage is death for all practical purpose and the only course is divorce.


(Guest)

Sir,


Thank you for your reply. That is what I am asking how to get divorce (or let me rephrase why court is not granting divorce) when I have placed before court all records and or all types of applications under HMA supported with Evidence Act and oral records of wife's statements on and off during the court proceedings viz..;



(A) When wife's divorce petition got dismissed I placed an application seeking counter relief to respondent (husband) under HMA proceedings that is I also want divorce and parties should be granted divorce when there is no dispute between the parties then court need not have to get into the grounds sort of plea !



(B) I then filed seperate petition for Divorce based on cruelty during the proceedings as I can't take causes before her divorce suite dismissal date (I took up the conduct during the proceedings part) and on desertion grounds as right fromthe institution of her suit she has denied my conjugal rights and rightly ignored reconcilation and it was 2 years as per desertion prooved clause before filing. So I fulfilled all conditions of HMA the Act I think till date.



(C) We both filed first motion for mutual consent divorce and though wife on record has asked court for time to think about it, which to me means that she is still interested in divorce even after her dismissal of divorce petition as she is persuing divorce and she can't be allowed to change mind at this suit when trial / evidence of parties has started NOR she can withdraw her consent from mutal consent petition. However no corcion / duress could be seen anywhere. She has not even reinstated her divorce suit nor set aside the dismissal order which has crossed all practical limitation period and or condonation of delay part too.



(D) My counter pressures Application such as S. 340 CrPC based on her false statements under affidavit act as well as Contempt of Court Order are pending and enuiry has been intiated.



(E) I RTI Police station based on her S. 498a IPC threat in court for which I sent regd. a/d comlain to Police station to file FIR U/S 156 (3) and when police said go to court then I approached MM court to file private compalin for which Inquiry has been ordered upon her and her Ld. Counsel.



(E) I also offered a non negotiable Proposal application under Memo to wife to agree for divorce decree now so that S. 25 HMA / S. 26 HMA can proceed and when a decree sheet will be prepared automatically a Order on S. 24 HMA read with S. 26 HMA the int. maint. / int. custody part will be ordered accordingly by the court. as reply to this Proposal Applicaiton on record to wife also states that rest matters on Visitation / Custody and final Alimony could be decided on merit based on records already placed before the court.



(F) I also offered a non negotiable Proposal application under Memo to child regarding custoday and or visitation agreement where in I offered joint custody of child by both spouse and physcial custody by one spouse and visitation to sucessful spouse (such as 50% during summer / winter + alternate sat. overnight + alternate imp. festival overnight + parent teacher meetings particiaption etc.) I also offered Marriage LIC / FD / Tution Fees directly to School till 18 yrs./ DDA Sports Club life membership / 2 sets of Cloths each alternate month / edu. games once every quarter etc.



(G) When I filled Memo to wife asking her opinion on record for her and child proposal application she placed before record stating Rs. 15 Lac as one time alimony and no visitation to father / g'parents ever as well as she does not need for the child LIC / FD etc etc. and if I agree to her terms then matter refered to mediation and closure of cases etc.



The above (especially Rs. 15 lacs and no visitation ever) are unreasonable conditions to me.



So the bottom line is when court (lower trial) will grant a decree of divorce to parties OR should I now approach HC of Delhi with all records OR should I directly go to Apex Court and file Irrt. breakdown of marriage of parties thus grant divorce grounds??


Regards,

bharati (Law student)     25 December 2008

Arunji


Your requests are reasonable except for the fact that you are husband .


I am frankly amazed as to the fact as to how was can have some one claim to be a lawyer to ask what you wanted as justcie when you clearly enumerated what you wanted as justice.


I think the question is no longer as to what is justice but whether justice will be delivered and when .


do we really have justice when husbands are offered 1 hour per week of child visitation .


Its mockery when such a thing happens


Do we have justice when it take more then 6 months for child visitation to happen


ITs mockery of justice.


 


(Guest)

Bharati ji,

Thank you for your reply and I knew that only a student of Law and or a person who believes in justice will give correct reply to my que on remedy for husband. I

am not legally qualified but till date all that is written in this post and 8 other posts of mine here in this forum have been drafted / filled by me via my own legal study of law books and citations and somehow I will say I have been successfull with a stalemate situation and just today SHO of wife's jurisdiction told me that they are going ahead with S. 182 IPC and S. 156(3) IPC against wife and her Ld. Advocate of filing false transfer case of a jusge and court and giving me threat inside open court of filling S. 498a IPC against me 

But at the end I will also say that even if I win all cases at Apex Court level the Justice system in India has really failed / lost in the minds of simple persons like me who did have a dream of marriage and family etc. etc.

Today I tell every friends of mine not to marry instead visit a pros. as it is safer than going through hell like me and if one wants children then go an adopt a child from streets. What is the point when Judiciary and Ld. Consel do not have guts to voice what is right and what is wrong in such peculiar cases instead they try to pollute further a matrimonial proceedings?.



"Justice" is not a wague word as some of you say if it would have been that then institution of justice would not exist in a democracy and brokers of justice would not set up their chambers in the very heart of democratic justice system.

Anyhow, thank you for a lone support.

Rajesh Kumar (Advocate)     25 December 2008

Marriage has become a crime for men. Men should refuse to marry.


Well Doctor, u r in a situation which has no solution. You have to keep visiting court, police station etc. If your wife is smart enough, u may visit custody also.


But you are lucky, for you are a doctor. You must be knwoing many patients, who has live with their disease, like diabetes etc. You have to accept the situation and live with it.


You have to live with abuse of law. After all you have commited the crime of getting married.


(Guest)

Dear Mr. Rajesh,

Marriage is not a crime but the Indian Justice system coupled with weak feminist Judges giving passive judgements in favor of Indian women is crime due to the pressure of WCD dictums as it will eventually break the Indian Marriage System which is not like Western System where immediate relief on "no fault divorce based decree" is there.

I refuse to aceept such SYSTEM as my consious is not dead for practical purspose but this alone voice enjoys the very mockery of India's failed justice system on each day with last laugh.

There are handfull of good Judges n to name one - Justice Dhingra comes up instantly, he has alone done a lot curbing the S. 498a IPC / Dv Act n on Child Custody guidelines etc. etc.

However, thank you for your thoughts...

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     31 December 2008

I do agree with Mr. Rajesh Kumar

Ravi Arora (Advocate)     01 January 2009

This is ultimate truth of LIFE Rajesh ji,   very well said


i dooooo agree with you that dr. Arun has no other option to live with .......


and one more thing i want to add.. as much as dr. arun  trys to come out from the problem he will find more problems with him


BOSS BURA TIME CHAL RAHA HAI kaat lo achcha rahega ( not as advocate but as brother  advice )


(Guest)

ha ha that is what I call destiny by chance !



But from all these exercise I am not surprised by the solidarity of members as expressed in last few replies and I wonder what hope one can have !

I still believe Marriage in India is not a crime, It is the mis-interpretation by certain sections which delays Jusctice at the end. BTW I can come out of this problem any moment all I have to do is leave from the scene and start fresh my life which you all know is doable and it is never too late to do that too, let expartie decree come out which your own read Limitation Act says that it can be challenged within next 25 years as it is the limiatation period in Matrimonial Cases so by that time my second life will be at its peak enjoyment out of these problems.

But this is what I will not do as I was free the day my women walked out from home, it is just a framed certified copy of some decree I think we spouse are looking forward to frame for which I am not at all in a hurry.......I am living day today life with many good options and always enjoys the last laugh on these twisted legal interpretations.

Anyhow, thank you all for giving "some answers" which even you also do not believe-in.


(Guest)

""5. After that, on the basis of the record and final arguments, case

will be decided.""



Case will be decided. you may get Justice or Injustice



But the question is when? after how many year you got into litigation?



May be he purpose of the litigation itself is lost!!



Surely after the advocates become richer you may get a "DECISION"



Again thanks for your kind reply.

Gurmeet Singh (Advocate)     06 March 2011

Dear arun kumar ji..

 


please accept my heart felt concern about ur situation and the tough times. i can see that u have not been properly guided or people have been acting over smart with you.. all i can say is i myself face various cases such as your self and if u were to send me a soft copy of your divorce proceedings i will try to accelarate the process as soon as possible. i also have my chamber at tis hazari. mail me the copy at the below mentioned address and i will do my best to assist and guide you better...

gurmeet9540848484@gmail.com

 

 

Adv. Gurmeet Singh

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