I got married on jan 4th 2016. My wife resided hardly for 3 to 4 days. We didnt had physical relation and she went to her college hostel and never returned my home not responded my call and letter. I got to know that she is working in IT mnc with good salary. She have stolen gold ornaments from my home. After completing one year of marriage I have filed divorce case in Pune and she have filed maintenance case , domestic violence and conjugal right case at Nashik. In my divorce case she have raised mediation option which is still pending. Her maintenance case and section 9 case have reached to judgement in A short period of 8 months at FAMILY court Nashik. I didnt appear at Nashik as my lawyer filed transfer petition for the same in high court which is still pending from past 6 months and because of this her case have reached to judgement. Also I am getting police call and they want me to meeting them.i am not able to understand for what reason they are calling me. In the case of maintenance and conjugal rights which have reached to judgement within 8 months of filing because My lawyer misguided me and didn't attended the case in Nashik. For DV case , I haven't received any notice so far. 1. She is residing in Pune and have filed sec 125, sec 9 and DV in Nashik. Is it right to file case there. 2. She requested for mediation in my divorce case in pune and still processing her maintenance and DV case in Nashik...is this right and allowed to do such thing while requesting for mediation. 3. She only resided for 3 to 4 days and ran away and still have filed DV and maintenance against me. How can she file such case if she haven't resided with me. 4.Please tell me what to do now in order to stop the judgement...please revert early My wife resided only for 3 to 4 days and ran away and working in IT mnc in Pune from past two years with handsome salary.... Please help me...I request u all
1. Yes there is no issue legally if the case is filed there, else you must contested the same on the ground of jurisdiction.
2. Yes mediation request is allowed in the divorce case.
3. This you should have contested in the court, and this is the valid ground. The proceedings can be challenged in the High Court also.
4. You may put in appearance there and then you may challenge the same in the High Court.
Please move to the higher court asap and mark your presence before the court otherwise the court will proceed to pass an ex parte order
Regards
1. If she was residing at Nashik, at the time of presentation of the said two Petitions, then the said two cases are maintainable at Nashik.
2. Mediation is possible only if you two arrive at a consent. If you're have made up your mind for Divorce, mediation is bound to fail.
3. She must based her case on false facts. In case this is true, you're should ensure that the court is apprised with the true facts.
4. If 125 and section 9 judgements are exparte, apply a miscellaneous application for their recall.
If she's earning, she is not liable to receive any maintenance from you.
1. If she mentions her present address in Nasik then maintenance case is maintainable.
2. Yes its perfectly alright.
3. Validity of maintenance case doesn't depend on duration of her stay with you.
4. If you can show her job and enough earnings then only you can avoid order of maintenance. Else its impossible.
Object to jurisdiction of Nashik courts as wife is not residing in Nashik
2) wife can proceed with DV case while requesting for mediation in other cases
3) wife can file DV case against you even if she stayed with you for 3 days
4) you cannot stop the court pronouncing judgment
According to Section 125 of the code of criminal procedure your wife has no right to claim maintenance under this section because sub Section 4 of this section says that when wife has no reasonable Cause 2 reviews Union of the husband or refuse to live with husband without any reasonable cause then she will no longer be entitled for maintenance under the section. In several cases the Supreme Court has held that a wife reluctant to maintain perform matrimonial obligations she is not entitled for maintenance. Therefore in this condition the trial court should not pass adjustment in her favour if the court do so you should file a revision before the court of session on the above mentioned ground that is you wife has no reasonable cause to live separate from you
1. A wife can file section 125, section 9 HMA and DV case wherever she resides.
2. Commencement of mediation in one case does not whittle down her right to prosecute her other cases.
3. Having not resided with you she can still file the DV case.
4. Contest the case on merits to prove that she was not subjected to any act of domestic violence. This is the only thing you can do if mediation fails.
1. You should have appeared before court and raised objection to it.
2. You can raise this issue in the mediation session but since the mediation session is going on in some other place the trial in other court cannot be stopped until a petition to this effect is filed in that court.
3. Even just one hour relationship can be considered as domestic relations attracting the provisions of the law.
4. You have to appear before that court and file set aside petition against the exparte decision
