My wife stayed with me for 4 months and she left me immediately after conceiving. She gave birth to a girl baby. She didn't come back citing my financial condition. My wife has filed DV case (against me and my parents), RCR and Maintenance (crpc 125) against me and I have filed the divorce. (All in 2016). She also filed 2 police complaints related to false dowry complaints and all closed after getting my reply (numbered in Non-Cognizable Register). My wife is an Engineer but not going for any job. All the case is running for 3 years and there is no significant movement and no order passed either side. Our presence is dispensed. She is not ready to face any of the cases as these cases were filed with rage to suppress me. 125 is in Cross-examination but she is taking dates. In DV she is not ready for Evidence stage. The judge already noted that "Petitioner is not ready to progress the case" in daily case dairy. Now she has filed a petition for Protection of Document to get my payslip. The main intention of her is to pass time and waste my life. A judge has asked to start the case and bring evidence many times, and every time she is coming with a petition or an excuse. My lawyer is taking a defensive stand in all the cases and we provide replies and prompt arguments at all stage. We have successfully defended all her petitions but we have not taken any steps to speed up the case. My question is 1. Whether these cases are going in the right way? 2. Since my life is at stake, is there anything I can do to close the case soon? 3. Is there any way for me not to submit pay slip?
She is stretching the case so long without any reason when she is petitioner.
Ask court to give Exparte divorce order and never allowed the petitioner to take next date otherwise ask to pay your cost.
You can delay in submitting pay slip or ask specific reason to submit payslip.
1. Yes they are going in right way see court will understand her intention and it would be better as there would be more chances to get a Favorable order.
2. See if she is not ready for divorce or her side is not moving to next stage by simply taking dates ask court to close there right of evidence.
3. See if court orders you have to submit there are judgement from HC and SC.
Yes the cases are going in right direction.
You can file a petition in High court for making the cases time bound so that your wife would be under pressure to give evidence.
If court have ordered you to produce pay slips then you should submit the copy of pay slips.
1) DV , RCR , divorce cases take over 5 years to be disposed of
2) you are bound to submit your pay slip as per court orders to enable court to determine your income for payment of maintenance
If the said things are not proceeding the magistrate will dismiss them for default. You can file an application for dismissal
1. Yes.
2. Move application with the affidavit for closure on the ground that party concerned is not taking interest.
3. No way, you have to abide by the order of the court if any.
1. Your lawyer has to answer this question .
2. Divorce by consent .
3. Doubtful .
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
Why you are bothering, delay will go agasint her, and later court may dismiss the petition for non prosecution. You only press for divorce case if she will no respond or will seek adjournment, court will pass ex parte order.
You can object to submit pay slip citing other cases, since all are filed to harass you. But in most cases, court permit such application.
- Since, your wife a professionally qualified , then she has no right to claim maintenance from you.
- Yes. the cases are on right direction , because Court will not pass order without giving her chance to produce her case as per law.
- However, you can file a petition for speed up the cases , before the High Court , after stating that due to delay you life is passing under depression.
- Further, you can also move application in the same court , to close her defence on the ground of delay in producing her cases.
- You should reply the said application of production of documents /payslip, and further if Court allow her application , then you will have to comply the same.
yes, your case is going in right direction.
if court order then you are bound to submit salary slip.
1. Filing counter to all her petitions and presenting arguments on the said applications itself is a step taken to hasten the proceedings bty your lawyer.
2. What is stake? You hav to proceed with the case even though it may take time to get disposed.
3. First of all give a strong counter objecting to her petition seeking to produce the pay slip, let the court decide.
