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Author Topic: Wife filed 3 divorce cases.Need urgent advice  (Read 4069 times)

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Offline Sankalp

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Wife filed 3 divorce cases.Need urgent advice
« on: November 02, 2013, 01:43:38 PM »
Hi,

I was married in Jan 2010 in Meerut UP.My wife (Anita, name changed) lived with me for around a week in meerut  and since then she is living separately  and working in hyderabad and me in Meerut UP. Here is series of legal events

•   Married Jan 2010
•   dec 2010 Anita filed 498A .C/s filed by hyderabad police angst me.Under trail now
•   April 2011 Anita filed section 13 A in hyderabad to seek divorce on grounds of cruelity
•   Sep 2011 we both filed MCD u/s 13 B HMA in Meerut. Handed over streedhan and first part of compensation amount on
         first motion on condition that she will close 498A before final motion of 13B within six months.
•   Dec 2011 Anita withdrew section 13 A from hyderabad (which was filed prior to 13B MCD case)on grounds that 13B is filed
        in Meerut UP
•   After sometime of it, Anita refused to close 498a case against me in Hyderabad and asked that she needs divorce first in
           13B Meerut case , after that only she will close 498a case
•   This spoiled the compromise deed that happened in section 13B suite.
•   After knowing this ,I disagreed to agree for 13B divorce until 498A is closed by her. However this is verbally told to her
          but not in family court's record.
•   After this , again in Nov 2012 my wife filed a new suite u/section 13 A in Hyderabad to seek divorce on grounds of cruelty.
•   In Jan 2013, I brought in notice to Hyderabad family court that since 13B MCD in Meerut  is still pending so my wife has
         filed the Hyderabad 13 A case with illitentions to harass me, so it was stayed by that court stating that since 13B is still
          pending so Section 13A can’t continue in Hyderabad.
•   April 2013, my wife's advocate appealed in 13B MCD case to dismiss this case putting allegations on me that I don’t want
          to settle down this case, so she wants to withdraw the 13B suite.

Now, I seek the following advice :
1.   Its very much clear from my wife's actions that she wants to get 13B dismissed, from UP so that she can trouble me in Hyderabad in 13 A HMA case with enhanced alimony. So, what steps can I take in 13B MCD case.

2.   Someone told me that there is a limit of 13B suite for 18 months beyond which it can’t sustain. Since its more than 2 years since it was filed in Meerut, so is it liable to be dismissed on this ground? If yes, then under what provision of law can I appeal to court to not to dismiss it ?

3.   Since my wife is not obeying to the compromise deed signed in 13B MCD that she had to  withdraw 498A first before the final motion of 13B and now she seeks divorce first, how safe and useful it will be for me if I first agree for divorce then to face 498A case in Hyderabad. I believe she will not close 498a case by herself after divorce. And that case is now at evidence stage for witness no. 1 complainant , my wife.

4.   In the worst case if under her appeal to family court Meerut, the 13B suite is dismissed by court, do I have the provision to appeal for revision to District Judge against that order and if that appeal is accepted by District Judge, then until the decision of that revision appeal, does she has the right to revoke the 13 A case in Hyderabad ?


I request a reply over this soon by h'able members of this forum . It will be a great help of yours as I am not getting the correct opinion till now from anyone.


Thanks a lot with heart in advance for your help and replies. For any query or more information from my side please reply.

Offline advocate-lyngdoh

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Re: Wife filed 3 divorce cases.Need urgent advice
« Reply #1 on: November 02, 2013, 08:00:08 PM »
If she cancels 13B and files 13A in some other city this will only weaken her case, its good for you.

yes 18 months is the complete time duration of 13B, has the first motion been successfully over?
was their any monetary consideration taken place at this point?

if u god ahead and divorce without closing 498a it could be risky for you.

question of 13A does not arise as long as 13B is on
Advocate Lyngdoh
Laitumkhrah, Shillong

Offline Sankalp

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Re: Wife filed 3 divorce cases.Need urgent advice
« Reply #2 on: November 02, 2013, 11:44:38 PM »
Respected Sir,

firrst of all Thanks a lot for devoting time to advice me. To, answer your questions :

"yes 18 months is the complete time duration of 13B, has the first motion been successfully over?
was their any monetary consideration taken place at this point?""

yes the first motion was over successfully. On the date of filing the petition, she has signed on the compromise deed and signed to accept the entire streedhan and a partial payment of the compensation amount
Yes the monetory compensation was 4 lacc, out of which 1.5 lacs was paid to her on the date of filing the petition and the remaning 2.5 lacs is to be paid on final motion

My further query to you  is ::

you said that """If she cancels 13B and files 13A in some other city this will only weaken her case, its good for you."""

The problem is that she has filed 13A in hyderabad and I am in UP . Anyhow I will be troubled to contest it in hyderabad if 13 B is cancelled. Also in 13A she is demending a permanat alimony of 60 lacs and even when she is earning around 80 thousand per month.

Also, in 13A which is pending in hyderabad upon hyd famaily court's order that inorder to continue 13A this can only be run where the previous 13B petition is pending that that too if either of the parties go to supreme court to get 13A transferred from hyd to meerut.
So should I file a transpfer petition in supreme court for 13 A transfer , if 13B is cancelled ?

Also, I have enough documentry evidence for her illicit relationships with a boy  on which i can seek divorce from her. The only thing which makes me scared is that she may harrass me in under trail 498A case in hyderabad.

Please suggeest what should I do, to keep the 13B case pending in Meerut, even though 18 months of duration is over. I hope there would be some procedure in law to do this as her advocate is appealing on dismissal of 13B on 18 months limitaiton ground only

Will be gratefull for your sincere advise :)
« Last Edit: November 02, 2013, 11:47:17 PM by Sankalp »

Offline advkkreddy

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Re: Wife filed 3 divorce cases.Need urgent advice
« Reply #3 on: November 03, 2013, 07:30:43 PM »
as long as Mutual consent divorce is pending, contested divorce cannot be filed. your wife has to wait for the 18 months period to expire.
Champion in law of Torts in India

Offline Sankalp

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Re: Wife filed 3 divorce cases.Need urgent advice
« Reply #4 on: November 04, 2013, 01:14:24 AM »
Respected Advocate lyngdoh,

firrst of all Thanks a lot for devoting time to advice me. To, answer your questions :

"yes 18 months is the complete time duration of 13B, has the first motion been successfully over?
was their any monetary consideration taken place at this point?""
yes the first motion was over successfully. On the date of filing the petition, she has signed on the compromise deed and signed to accept the entire streedhan and a partial payment of the compensation amount
Yes the monetory compensation was 4 lacc, out of which 1.5 lacs was paid to her on the date of filing the petition and the remaning 2.5 lacs is to be paid on final motion

My further query to you  is ::

you said that """If she cancels 13B and files 13A in some other city this will only weaken her case, its good for you."""

The problem is that she has filed 13A in hyderabad and I am in UP . Anyhow I will be troubled to contest it in hyderabad if 13 B is cancelled. Also in 13A she is demending a permanat alimony of 60 lacs and even when she is earning around 80 thousand per month.

Also, in 13A which is pending in hyderabad upon hyd famaily court's order that inorder to continue 13A this can only be run where the previous 13B petition is pending that that too if either of the parties go to supreme court to get 13A transferred from hyd to meerut.
So should I file a transpfer petition in supreme court for 13 A transfer , if 13B is cancelled ?

Also, I have enough documentry evidence for her illicit relationships with a boy  on which i can seek divorce from her. The only thing which makes me scared is that she may harrass me in under trail 498A case in hyderabad.

Please suggeest what should I do, to keep the 13B case pending in Meerut, even though 18 months of duration is over. I hope there would be some procedure in law to do this as her advocate is appealing on dismissal of 13B on 18 months limitaiton ground only

Will be gratefull for your sincere advise :)

Offline advabdul

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Re: Wife filed 3 divorce cases.Need urgent advice
« Reply #5 on: November 04, 2013, 08:29:28 PM »
As Long as Mutual Consent Divorce is pending your wife cannot file another Contested case in some other city, even if she does she must have given a false statement in court to register a Contested Divorce.

and Judges don't take it very kindly when they are lied of basic facts.

this will go in your favour for sure, just get this to the Hyderabad courts judge that a Mutual divorce case is pending and that your wife has given false statement in the judges court.

and in regards to part payment of the first motion, that is enough for you to take the case in supreme court to get the Divorce, If she does not pay you back the money received from you at the time of first motion.

there is a Supreme court judgment to this effect.

you should contest this in supreme court, speak to advocate Tapan Choudhury at Ph no: 9873628941 he is the best in these matters in Supreme court
Advocate Abdul
I am Muslim law Advisor

 

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