• DVC/498-A questions

Hi,
My Questions :
My Wife is not coming and telling that her mom,dad or grand mother not feeling well and taking dates and not doing the case.  In my last hearing she did not come and made her aunt come and kept medical records that she is not well and need bed rest. I know that she wants to drag because she don't have any thing to prove I did wrong and also she wants the maintenance amount every month. But How many times there should be a limit and she needs to do the case and judge also should ask for this. Except me and lawyer no one is bothered to do the case and they keep on dragging. suprizelingly case was filed by her but she don't do the case. 
Is there any way that this can be controlled? Even the judge does not say and ask for anything. 

Is there any thing that my lawyer can ask the court for Commission so that court can send commission and do the case and continue the case?
DVC case already started 1-1/2 year back and it is still going on and she is not coming to do the case.

For the Diverse case I applied 1- 1/2 year back till now they did not give any counter petition on the diverse I applied. If I get the Diverse can I marry immediately if I marry and then they may apply for Stay then what will be my position? Is it ok If I get married by the time they give the stay petition to me?

She is working so, is  she eligible for interm Maintainance.?

Please advice Thanks in advance.
Asked 10 months ago in Criminal Law from United States
Religion: Hindu
If she is the petitioner in the case filed by her against you she must be responsible to attend the same, if she fails to come to court repeatedly then she is playing mischief with the court, this must be stopped. You can file a memo stating that she or her lawyer always are taking adjournments on some false and frivolous grounds and that the court must direct the appearance of the party on the adjourned date of hearing without fail as the case is getting dragged on for a very long time.
If she has produced a medical certificate informing the court that she is bedridden and that she cannot come to court, you can ask your advocate to seek for the appointment of a court commissioner who can record her evidence at her residence or hospital and save precious time of the court.
If your wife has failed to file her objections or counter in your divorce petition then you can request the court to proceed with the case and grant you a decree of divorce. Immediately after the decree is granted, you may proceed to re-marry and if your wife wants to challenge the decree she will have 90 days to do so, before this you can complete the marriage proceedings.
If she is also working and earning better than you, then also she is entitled to maintenance but the quantum or amount that she would be eligible will be less compared to what the court has currently ordered you to pay her.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
5.0 on 5.0
1. Pray for sending a medical board or doctor selected by the Court to the place of your wife at your cost to examine and submit report of your wife's medical condition,

2. If the medical board or doctor certifies hr to be fit to attend the Court and she fails to attend, you can pray for rejection of the case filed by you and/or ex-parte order for the cases filed by you,

3. If you get decree of divorce, you can marry again after the time for filing appeal i.e. 3 months and she can not get any stay order on your remarriage,

4. Since she is employed and capable of maintaining she is not entitled to any maintenance from you.
Krishna Kishore Ganguly
Advocate, Kolkata
12073 Answers
228 Consultations
5.0 on 5.0
Except me and lawyer no one is bothered to do the case and they keep on dragging. suprizelingly case was filed by her but she don't do the case. 
Is there any way that this can be controlled? Even the judge does not say and ask for anything. 
Is it a DV case or 498a case?
If it is a 498a case, she need not attend court on each and every hearing dates.
If it is a DV case, she may have to attend the court for conducting the prosecution by deposing her evidence and also to produce further evidence from her side.
She cannot drag on the case endlessly without any reason. 
You or your lawyer can put pressure on court pointing her dilatory tactics and lethargy.
If she is employed and drawing a handsome salary, you could have brought this to the notice of court and argued properly that she is not eligible for seeking maintenance because of the fact she can sustain with her own income and not depended on you. 
Even now you can take up a revision against  this  order with the district and sessions court. 
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
1. She is not required to appear personally in the court in the first place. It is you who as an accused is required to make personal appearances in the court until such time that you are exempted. The courts are liberal in granting adjournments on medical grounds if it is proved that the party due to health reasons could not come to the court. There is no limit to the number of opportunities which may be granted on this ground but a day will come when the court will refuse to grant any further opportunity to her. Commission cannot be issued merely on account of ill health of the party.

2. You will be free to remarry after 180 days from the grant of divorce. If they apply for stay, and it is granted, your second marriage will be subject to the judgment of the court. 

3, A working woman is entitled to compensation and not maintenance. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1. In such cases Husbands engage private detectives to find out the details of wive's employment. Engage a detective agency who will give you detailed information about your wife's present employment, if any. You can also pray before the Court to direct her said employer to submit her salary details before the Court on the next date of hearing,

2. Resignation through email is valid. Find out from her said employer whether she is still working there or not or if there is any information as to where she is working now.
Krishna Kishore Ganguly
Advocate, Kolkata
12073 Answers
228 Consultations
5.0 on 5.0
IT returns are mostly not taken into account by the court. If you have to prove her income then you need to find her sources of income on your own. The court doesn't stop you from doing this. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
Mere showing the income tax returns and PF deductions from salary shall not become evidence.  You may have to mark them as exhibits by establishing the documentary evidences in your possession.  If she denies the evidence, you may call for the records from her employer through court summons, if possible an officer be summoned to court to affirm your statement about her employment.  This will enable the court to dismiss her maintenance case.
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
What do you mean by appointing commission for party not coming to court?
If at all you want to procure some documents, you can file a petition under section 91 cr.p.c. asking the court to direct the concerned authority or organisation to produce the requested documents before the court.  The court issue summons to the authority to produce the same after passing an order to this effect after hearing both the sides in this regard.
There is no provision for appointing commissioner to produce such documents or materials. 
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
Commission is possible in any proceeding before the court. There is no question of law involved in this. Commissions as a matter of practice are not issued by the lower court, you may have to eventually knock at the doors of the HC. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
you should file a writ of certiorari before high court and prevent the court from giving unnecessary adjournments. High court can pass an order and direct the court below to decide the case within stipulated time. It may help you to early disposal of case.
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0
you should file an application under order 11 rule 14 of cpc for discovery of evidence. She is bound to produce all the documents including ITR. If you present her ITR she can dispute its authenticity and again linger on this case.
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0
1. You submit your prayer to put pressure on your wife and if refused, this matter can be taken up later on before the Higher Court. The DV Court will certainly also be under pressure to direct her to presence on the next date of hearing without fail,

2. This is the way to put pressure on the Court. Your lawyer should ask the Court about the remedy since she is neither attending the Court nor the Court is authorised to send medical board to verify her claim of ailment/sickness,

3. In case of too much delay, you can file a petition before the higher court praying for the said medical board to check her claim of sickness.
Krishna Kishore Ganguly
Advocate, Kolkata
12073 Answers
228 Consultations
5.0 on 5.0

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