Hi, I got married in 2011 and my wife was 18 years old. I have a daughter who is 6 years old. I got a Govt job on a compassionate ground in 2017. After 7 years of marriage now she has fallen in love with one of the known person to our family, when I came to know about her love relationship I tried my best to convince her but she was not willing to change her mind. We are separated on 8th June 2018, All the attempts were made to bring her back but no use, she applied for allimony then she sent a divorce notice the case is running in court since October 2018 but not much p progress. Judge asked us make a settlement between us so that he can announce divorce, but she is demanding for 20 lakhs and askking to return Marriage expenses. Am from middle class and cant afford to pay so much, am 36 years old now and have some health issues my mother is old aged I need to take care of her and myself which is very difficult. The courts are closed since March 2020. The lawyers are just dragging case, I can't go to court frequently since it's 500 km away . My wife has clearly said she will make me suffer for entire life and she will not let me meet my daughter at any cost. So my questions are. 1) What are my options to close the car soon. 2) is it mandatory that I should pay her allimony since am not seeking divorce. 3) As she is not at all willing to rejoin can I remarry with court permission. 4) Is it against law to visit her home to meet my daughter? Court has verbally informed her to allow me to meet daughter and boot passed order. My wife and her familyy threatens to death if I try to meet them in her native. 5) How to avoid paying Alimony and get divorce. I don't want to bring her back now because I no more have any feelings for her as she made all wrong allegations in her petetion, including dowry, drugs abuse, extra martial affair, sexualities harrassment etc. 6) It's been two years I saw my daughter only once, what are my options to meet her. Plz do suggest.
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1) wife guilty of adultery is not entitled to any alimony
2) no need to agree for divorce by mutual consent if wife is making exhorbitant demands
3) you cannot remarry unless you are legally divorced
4) make application in family court seeking visiting rights
1. File for Restitution of Conjugal Rights and if your wife does not join you inspite of favourable order on your side, then her refusal to join you in marital life itself can be a very good ground for you to initiate divorce proceedings against her.
2. If she voluntarily abandons you, there's no need to pay maintenance/alimony amount to her.
3. Definitely you will be entitled to visitation rights to meet your daughter. You can exercise that right and if your wife refuses to allow you to meet your daughter, then take the help of Police.
4. When the marriage is still subsisting, you can not remarry, which amounts to bigamy, which is punishable.
5. Convince your wife to agree for Mutual Consent Divorce to mutually resolve all the issues amicably and settle the matter once and for all. Mutual consent divorce saves time, money and mutually beneficial to both the parties.
1. In lockdown due to closure of case everyone is suffering. So wait for the re opening of court. For expediting the case you can file Revision in High Court. I
2. If wife is unemployed then you will have to pay maintenance.
3. Unless and until divorce is granted second marriage is a crime.
4. File a petition in court to seek visitation of the child.
5. There's no way you can avoid maintenance unless she has independent source of income.
6. File petition as advised above.
1. Let the normal hearing of court begin than file a early hearing application.
2. Alimony is to be paid, if you are not at any fault than amount would be minimal.
3. Court will not give permission to remarry untill you are divorced.
4. File a child custody case with interim relief to meet your daughter.
5. Contest the case with proofs of your favour.
6. Same as point no. 4
You can continue case and this marriage as a judicial separation, and request court that you're not ale to pay such a huge alimony amount only can pay maintenance to daughter till 18 years or till she complete her education or perform marriage.
Plus ask present her to every month in the court for visitation at the time of paying maintenance, pay the maintenance in the court. so she has to bring daughter in the court compulsory.
1. You may have to negotiate with her about the settlement amount so that you can get the case disposed at the earliest.
Now in the given situation you cannot expect even that solution, you may have to wait for the courts to reopen for normal functioning.
2. Since she deserted you and also having an extra marital affairs, you prove that and deny to give her the amount demanded by her.
3. You can't remarry before dissolving the subsisting marriage.
4. You can file a petition for contempt of court if she disobeys court order by refusing to allow you to meet your child.
5. You can prove your allegations against her and present strong and convincing arguments before court to get a favorable judgment.
6. You can file a child custody case along with an application seeking visitation rights to visit your child periodically by an order of court.
Please apply before the same Court for dismissal and discontinuation of alimony and maintenance granted to her with immediate effect on the ground of Adultry.
Please approach the court for divorce on the ground of desertion.
Your both prayers may be granted within six months.
You may move application for Custody of your daughter under Guardianship and Maintenance Act and after hearing both the side the Court may grant you permanent custody with direction to allow your wife to have right of visitation and vice versa.
You may appoint private detective to get evidence of adultry of your wife to produce it before the Court to decide your three prayers
1- Stopping of maintenance to your wife on the ground of adultry.
2- Divorce on the ground of desertion.
3- Custody of your daughter on the grounds of cruelty, adultry and desertion.
Dear Sir,
My answers are as follows:
And. As per the following circular it has to be closed within 12 months. File an application for closure if not approach High Court for a direction for closing within next 3 months.
Ans: If you can establish that she is leading adulterous life then you need not pay a naiya paisa to her.
Ans: Till Court pronounce divorce decree you are not allowed to marry otherwise you will booked under section 494 of Indian Penal Code that is the offense of Bigamy.
Ans: You have to file separate case seeking visitation rights or child custody permanently before family case. You should have lodged complaint with police for such threatening.
Ans: You must prove her sexual relationship with another person to avoid alimony.
6) It's been two years I saw my daughter only once, what are my options to meet her.
Ans: You have to file separate case seeking visitation rights or child custody permanently before family case.
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Karnataka Case Flow Management Rules
http://www.judicialreforms.in/forums/showthread.php?tid=63
SIMILAR RULES ARE FRAMED BY ALL THE HIGH COURTS
the Karnataka High Court has launched the Case Flow Management system.
The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.
It divides cases into four tracks.
Disposal in 9 months:
In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.
Disposal in 12 months:
In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.
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Penal Code, 1860
Section 494. Marrying again during lifetime of husband or wife. — Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Exception.—This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
Hindu Marriage Act, 1955
Section 17. Punishment of bigamy.—Any marriage between two Hindus (including Buddhist, Jaina or Sikh) solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of Sections 494 and 495 of the Indian Penal Code (45 of 1860) shall apply accordingly.
Classification of Offence
The offence of Bigamy is non-cognizable (except in State of Andhra Pradesh). Also, the offence is bailable (except in the State of Andhra Pradesh).
Hello,
1. If your wife is having extra marital affairs, then she cannot get any alimony from you legally. You should produce the proof of the same before the court.
- Settle the matter with your wife with the help of court counsellor .
2. Not mandatory , you should contest the case , and as the said case is filed by her , then let her take divorce from you without your appearing .
3. No , without divorce from her , you cannot marry .
4. No, being the natural father , you have right to meet your daughter .
- If your wife is threatening , then you should lodge a complaint before the police , and then submit the said police complaint before the court.
5. Contest the case
6. You can move an application before the court for child visitation .
You can oppose the said conditions of wife and contest divorce on merits. You can object the alimony on grounds of her income, job and qualifications if any.
Alimony can be directed by court even during the divorce case for her living if she is not capable of earning
No you can't remarry till you get divorce from her.
No it's not illegal if she is not permitting then you need to file for visitation rights.
You can object the alimony as stated above to avoid it.
Take visitation rights from court and even after the said rights she is not allowing file contempt of court
1. to close the case you can file an application for speedy disposal of the case in the concerned high court or you can settle the matter with your wife.
2. mandatory is not mandatory but for quick disposal of the matter, take the alimony as a consideration,
3. You cannot remarry until your previous marriage is dissolved by a court of law,
FYI,
one cannot do a second marriage without divorcing his first wife. If one does so, he can be booked under IPC 494 which may result imprisonment up to 07 years with fine and second marriage will become null & void.
4. you can file an application about contempt of court if she is not allowing you to meet the daughter despite court order
5. do contest the case to avoid/reduce the alimony,
6. you can file a custody suit to claim the custody of your daughter,
FYI
The mother usually gets custody of the minor child, under the age of five but in case the mother is careless or ignorant towards the child it can be given to the father.
after five it can be given to any parent.
various factors are considered while deciding custody petition like financial status, the welfare of the child, will/consent of the child, educational status, living standard, place, extra amenities, etc
The most important factor is the BEST INTEREST OF THE CHILD.
keeping in view the above facts, you can prepare your defense.
1. You can apply for shifting of case.
2. It depends on evidences by her.
3.no.
4. It is legal for you to meet your daughter. Let the court know about her threatening.
5. if she is herself earning or the allegations are proved false then only alimony is denied.
6. File suit for custody.
Why you are going court ? Your advocate will represent you. She wants diovrce not you so don`t accept her any demand. As much case will drag, she will suffer. Also submit her adultery proof in court.
She is wiling for divorce due to her adultery, not entitle to alimony.
Only after diovrce granted by court. You can remarry. Till can live in
Obtain order from court to visit daughter.
Don`t appear in case, court may grant ex parte divorce and apply for child custody than court may grant you visitation rights.
1. See since wife want divorce ask her to settle divorce without any amount or for reasonable amount or you deny her paying anything and contest the divorce.
2 See you can contest same as wife is having relationship with other person and also she has deserted you and want divorce so you can contest divorce and alimony.
3. Before divorce you cannot remarry.
4. See in case you go to visit daughter they might file false complaint against you there so not safe to visit without court order.
5. You can contest alimony application and deny allegation in divorce ask her for mutual divorce.
6. You may file a custody petition also you may file an application praying for interim.visitation rights.
Dear Sir,
You are suggested one thing first of all that please don't blame the lawyers for dragging the case. It is not the lawyers, rather the COVID19 pandemic has caused the havoc for all us and the case is also not coming for actual hearing. You are suggested to be in touch of your working advocate and keep updating the things. Contest the case strongly and clarify the truth to the court because no alimony/maintenance is granted to a lady staying in adultery. Also, file the application and separate case of child custody at your place and let her be dragged to your place, then she will understand the reality of causing suffering to innocent man. After this, the court will pass order for child visitation against her and she will be compelled to bring the daughter before you.
Convenience your wife for Mutual Divorce and file a mutual Divorce Petition and for Maintenance, Convenience for one time alimony and prepare MOU for the same and get registered the Document, and file the same before the Hon’ble Court of Mutual Divorce by stating that, the alimony issue has been solved between the Parties by one time settlement alimony MOU agreement.
If adultry is proved wife is not eligible for alimony. However whatever the proves you have they should be clear and visible enough. Like photos , video recording etc. Once it is proved alimony is not given to wife.
you have right of visitation i.e. to visit your children and you can file a petition for their custody to be given to you as well.
File a suit for restitution of conjugal rights from the place where you are presently residing at thereby forcing your wife to attend case then you can get mutually settle the matter and get case closed. Secondly you need not pay any alimony as sought by her contest case if you do not want to give divorce. Also file a petition seeking custody of daughter
1. The best option is to go for mutual consent divorce but you can also contest the case on ground of adultery and pray to court for dismissing her petitions.
2. No you don't need to pay her alimony and go Ex-parte in her divorce case or agree for divorce.
3. No you cannot remarry without divorcing your wife.
4. You can meet your daughter without any worry there will be no legal issue.
5. You should file case for custody of your daughter and pray for interim relief of visitation rights.
She married you and is unfaithful and is having an extramarital affair. It is her fault. She is not entitled to any maintenance and alimony.
Let her threaten you. She cannot do anything.
Collect all the documents and evidence of her affair. File it before the court.
File a habeas corpus petition in the high court for illegally detaining your child.
Don't be afraid. Engage a good lawyer.i don't think you have a good lawyer otherwise you wouldn't be so depressed. Be strong.
