• Delaying Divorce

A.
We couple filed for MCD 13b in December & hand-over articles,istridhan & half alimony 7lac. Boy forced to file MCD for not to face 498a & 406 proceedings. Anyways now if suppose I don't go on dates after 2nd motion send someone's to delay the case and few dates later i ask for mediation. 
(Overhaul motive to save marriage,
Ready to wait for years, coz even 2nd marriage don't guarantee, No Child issues.
Senior lawyers appreciate u to reply my queries but plz no advise for give divorce to girl.)
1.Do opposite party get ex-parte divorce?
2.How can i stretch my 6 to 18months?
3.How can i quash 498a? Or it already been quashed when we filed MCD?


B.
If MCD will go dismiss, wife can file mental harassment, 13 and 125 where husband file RCR 9. Wife's earning good & highly qualified than me.
1.RCR is useless for not forcing her to live but How many months or years i can stretch RCR? And can I repeat RCR again like girls repeat 498a?
2. May she get her Claim maintenance from 7lac which I paid while MCD, If she win 125?


C.
Wife had spread the wrong messages by her mother said to insult my image through social media before filing MCD. She damaged my PC & tried to hack it before damaging. I've all multimedia proofs and all 4 police complaints in my favour.
1.Do I can file case on her for IT Act Section 66A & B and IPC 420, 499, 500, 504 after 13b dismissal? What other sections I can charge on her?

TIA
Asked 7 years ago in Family Law
Religion: Hindu

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4 Answers

1) in mutual consent divorce petition if boy does not appear court does not grant ex parte divorce

2) if you do not appear court would adjourn the case

3) if settlement is arrived at between the parties 498A case can be quashed on basis of the consent terms

4) if wife files for contested divorce husband can file RCR

5) RCR would take 5 years to be disposed of

6)wife would be entitled to Rs 7 lakhs paid by you

7) you can file case against your wife under relevant sections of IT Act for hacking your computer

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

If you want to save your marriage then use mediation through close relatives or other alternative ways.Settle the matter out of the court and make guide line for settlement.

The expression 'mutual' cannot be diluted and if any of the parties to the marriage fail to present herself or himself before the court, after the presentation of the 1 st and the 2nd motion petitions, then there will not be any mutuality in the act of the parties.

Mere signing and filing of the present petition by both the parties does not mean that the parties need not present themselves before the court after filing the divorce petition. The parties are necessarily required to appear before the court to give their statements and then based on the statements and upon satisfaction of the Court, first motion petition will be allowed. A close reading of section 13-B of the Hindu Marriage Act, 1955, makes it amply clear that a divorce by mutual consent can be granted only if both the parties appear voluntarily on the First motion as well as on the Second motion. If he/she is delaying to give a statement or appear before the court, under such circumstances neither any of the party nor the court can compel him/her to appear and make a statement. However, at this stage only take an adjournment till 18 months (maximum) and in the meanwhile make efforts out of the court to convince your spouse to come to the court and give the statement. If the second motion is not made within the period of 18 months, then the Court is not bound to pass a decree of divorce by mutual consent. The most important requirement for a grant of a divorce by mutual consent is free consent of both the parties.So no Court can pass a decree of divorce .

How can i quash 498a? Or it already been quashed when we filed MCD?

Supreme Court issues fresh guidelines on quashing of proceedings of a non-compoundable offence on the basis of settlement between the parties.You can use the mediation system for settle the matter.With their consent you can easily quash the FIR.

A Hindu male is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment.A wife who is well qualified and is capable to earn cannot sit idle and claim maintenance from her husband. A well-qualified wife is not entitled to remain as an idle and claim maintenance from her husband. There is no fixed arithmetic formula that is used for calculating the alimony. It depends on the facts and circumstances of each case. Alimony or maintenance is generally awarded if a spouse does not have sufficient means to take care of the reasonable needs of life.Alimony can be provided as a lump-sum amount (i.e., one-time payment), or as a monthly or periodical payment. Secondly, if it is provided on monthly or periodical basis, then it can be ordered to be paid during the full life of the spouse or for a period less than that.

( And can I repeat RCR again like girls repeat 498a?)

Nobody can file cases again and again in the same ground to same person.

Ajay N S
Advocate, Ernakulam
4072 Answers
111 Consultations

5.0 on 5.0

1. If you seek adjournments then the MCD would stretch to 18 months automatically.

2. In MCD there is no provision for ex parte divorce under any circumstances.

3.If wife gives consent then 498A can be quashed by high court.

1.yes,wife can file those criminal case even beofre dismissal of MCD.

2. She will still be allowed maintenance.The 7 lakhs though would be adjusted with the future maintenance.

1.Yes,you should consider filing those cases agaisnt your in laws.

Devajyoti Barman
Advocate, Kolkata
22816 Answers
488 Consultations

5.0 on 5.0

There is no exparte divorce in MCD

You can ask your lawyer to seek adjournment every time for one or the other reason.

The 498a case will not be quashed automatically

You can file RCR if any RCR petition filed earlier was not dismissed

If the MCD is dismissed you can demand return of the amount given to her.

You can repudiate her maintenance claim for the reason you have mentioned, let the court decide.

If you had to an action for her damages you should have initiated before itself, any action taken now may be considered as an afterthought hence may not be maintainable

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

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