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Plz help on 125(divorce and 498a) 
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Joined: Tue Mar 18, 2014 5:48 am
Posts: 74
Dear friends, Kindly read and reply.

Below is the current status of my cases.
1. Sec24- Judge has passed an interim maintenance of 5k per month.
2. 125- I need to submit the reply(yes in future i will have to pay maintenance in either 125 or sec24)
3. Divorce - Lawyer saying now you have to come for cross.
4. 498a - Lawyer saying now you have to come for cross.

Personal issue-
My parents are not well and my job is not in good condition i will have to switch job asap which has become a challenge for me as i did not focus on office work for years when i was wasting my time to get anticipatory bail from SC and after wasting huge money and time i got regular bail after appearing to police:(
I am now tired with these case and have tried everything which i can to settle the case but ex is not ready.

My thought process:
To fight divorce and 498a i do not have very strong proofs, Although i have small points and so called proofs and i know i will have to appear in court and waste more time and money then miracle may or may not happen but i will lost my precious time which i must spent to brush up my skills and improve the conditions of my job as without job i have saving.
Hence i have made up my mind to not appear in divorce/125 and 498a.

1. 125: This is my real worry because this is for permanent maintenance, I prepare and sent an application to my lawyer and mentioned my liabilities, not able to give more money and my conditions.
1.1 As judge has passed 5k for interim maintenance, i am wondering if they will pass same 5k in 125 or any chance for more than 5k or if it could be less than 5k.
1.2 Ex never worked but she is educated M.Sc, Kindly share ruling for no or less maintenance for non working educated wife with no kids?
1.3 i do not have any proofs that she did M.Sc, Kindly share how i can obtain her degrees?
1.4 If i stop sending money which i am currently paying 5k per month as interim maintenance, What is the complications, it felt like fool as i am not getting divorce but paying money. Is it good idea if i stop sending money?
1.5 Most importantly, I want to file any case which help me to reduce the 5k interim maintenance, Which case i can file, in which court? any restriction of jurisdiction as i live in Maharashtra and case is in MP. If i file this case then can i stop paying 5k till the case is pending?

2. If i do not appear in divorce and case got rejected, Will i be able to claim for divorce by any mean?
3. Re 498a, i am thinking not to appear and let them pass the judgement against me and the i will go session and then HC for revisions. Any suggestions here?
4. I feel that ex is harassing me by not giving divorce and taking money and i feel getting divorce should be my human right as i have wasted more than 6 years, is it not violation of someones human right. Can i file any(ANY) case in diff state where i live so that ex has to come here to attend that case and then she may go for settlement.

Please rely and suggest.

Sun Mar 18, 2018 3:07 pm

Joined: Mon Jan 09, 2017 5:16 pm
Posts: 109
Why don't you appeal against interim maintenance? Do it asap !!

If you do not pay maintenance, court can pass painful orders. You can try this approach but it is not recommended.

You need to appear for 498A cross. Fighting conviction is worse than you think.

You may stop pursuing divorce case. Focus on maintenance.

HINDU LEGAL SYSTEM WILL NEVER LEAD TO DIVORCE. Only talking to opposition party can fetch you divorce.

Thu Mar 29, 2018 2:41 am

Joined: Tue Mar 18, 2014 5:48 am
Posts: 74
Thank you so much Anand for the suggestions

Thu Mar 29, 2018 3:47 am

Joined: Tue Mar 18, 2014 5:48 am
Posts: 74
Could you guys let me know if I do not appear for divorce case can judge directly reject/close my case or will he have to notice any notice first?
I last visited in Dec17 and then i did not apprear for last 3 dates in this month there is a 4th date. My lawyer is saying if i do not appear case will be closed, but i do not trust him he never gave me any good advice.

In case divorce case is closed then is there any way to reopen divorce case and how soon i have to go for reopen and how much time it takes?

I am tired with these lawyers now they just want to make money no sentiments, i am not able to find fine lawyer as case is in the city where bitch family has influence and if i think to send lawyer from outside he ask lot of money but in advance:)

Thu Apr 12, 2018 6:29 pm

Joined: Tue Sep 06, 2011 11:17 am
Posts: 608
1) if divorce case was filed by u and u don't attend, it may be dismissed for default of petitioner i.e. yourself. ur lawyer is correct.

u can apply for restoration, but that can be done only if u appear personally. instead u can appear now itself and continue the case.

2) if u don't appear in 498a case, it would be taken that what ur wife stated in complaint is correct [as it is not contested by u and proved otherwise] and judgment given that u committed the offence.

u won't have much ground to go for appeal as u yourself did not appear for the trial.

3) there may not be much benefit in appealing against the interim maintenance of Rs. 5,000/-.

u can explore the possibility of an out of court settlement.

Tue May 01, 2018 11:35 am
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