Hi, you can't avoid court proceedings better you can contest the Petition filed by your wife. Once you appeared in the court then put the 125 case on the same day of hearing in which your Divorce case is pending or show to the court that the address mentioned in the 125 Petition that she is residing in the same address and she has avoid the Notice issued by the Hon'ble Court.
I have filed divorce case on wife as we are living separately from 2018, she filed MC125 case
Since from marriage (Aug-2012) my wife not living with me as per matrimonial expectations. Many times she left the house without any reason. Within two months from marriage date, she left the house stating that my parents should not come to my home, by the time she was pregnant and not listen to me & my family member’s requests to come back and to live with me. Then she said the pregnancy was aborted and I want to separate from the relation. 2-Jun-2013 she delivered boy, not allowed us to see the baby, and not returned to my home. After 11 months in May-2014, she came back on my sister’s request (from oct-2012 to May-2014 1year 7months we were not living together). from then she come to my home and live with me for a month or two with lot of nuisance and left my house without any intimation and comes back to home after 4-5 months. In Jan-2015, we had 2nd kid (girl) too with all this issues going around. Many times if request her to stay with me properly and do not spoil my life and yours as well but she continued to do similar behaviour. i am fully depressed with her behaviour and lots my respect in society. At present both kids are with me (with my parents support), she lastly left my home in April 2018 without any reason and living separately, not bothered about me and kids at all.. did not came to see at least children. She always says like she don't want anyone including me and kids want live herself. Then I said her ok let’s go for mutual divorce, I will take care of my kids you can live as you wish.. But she denies to that left me and kids alone. after all this I took a decision to filed divorce case in Dec-2020 (after living separately for almost 2.8yrs) then they are not taken the summon and not attend the hiring in march-21 and due to corona court was postponed in may & July hiring’s, by the time she filed maintenance case (Cr125 i believe) at the time we are not in that address and came to know from close relatives that the hiring is on 25th Aug21.. I sincerely don’t want to live with her anymore I lost my 9 years of beautiful life till now and don’t want to leave my kids to her due to mischievous and quarrelling and threatening behaviour (many time she threaten me that she will commit for suicide with a note on me). So kindly review my case and suggest me, am in I right path and what should I do now?.. Shall I attend the hiring without taking the summon? or how to proceed with my divorce case?
Asked 2 years ago in Family Law
Religion: Hindu
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9 Answers
Wife refusing to stay with husband amounts to mental cruelty and is ground for divorce
2) in your case since wife has refused to stay for continuous period of 2 years amounts to desertion and grounds for divorce
3) seek sole custody of your children
4) you will have to pay her maintenance if she is not working
As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Hence, as per law, she cannot deny living with you, under the condition of separate living from the family.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
- Under the Hindu Marriage Act, Separation is a ground of Divorce, if the husband and wife have been living separately for more than two years at the time of filing petition.
- Further, if the separation is more than 2 years period, then even without a reason, is a ground for a Divorce decree.
- Since you have already filed the divorce petition , then if she not appear then court will pass ex-parte decree against her .
- Further , as she is threatening for committing suicide, then you can inform the said court and also file a compliant against her such behaviour.
- Further, as she is not living with you for long time , then she cannot claim maintenance , as if a wife is living separately without any sufficient reasons then she cannot claim maintenance from her husband.
1. You can avoid attending the hearing of the section 125 case but keep a close watch on the proceedings. If the Court orders for issuing fresh summons or release press notice, then wait for it to attend the next date of hearing. if the Court decides for ex-parte hearing, your Advocate shall have to immediately interfere and submit that you have not yet received the summons but have engaged the advocate based on information received from the relatives that she has filed the 125 case who kept an eye on the daily cause list of every day to appear.
2.Thereafter you shall have to pursue and contest the case filed by and against you fittingly.
Wait for summons to come. Don't haste. Without summon you don't have to attend hearing
You may properly follow up your divorce case without any lapse from your side.
If you have not received notice towards her maintenance case, just remain silent and unmoved about it till such time the notice is not served on you.
if you want to terminate the matrimonial knot, then, try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for #Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish, (since you tried and failed, still try again)
don't forget to draft a# memorandum of understanding before approaching #Mutual Divorce, which is the most essential and important part of a #Divorce case to avoid/reduce future #legal complications,
some basic points to keep in mind and put in writing through an #MOU before filing the petition for #mutual consent divorce are #custody of kids, #distribution of assets (movable/immovable), quash/withdraw of #pending litigation if any, #Maintenance (present/future), #Alimony, mode and time of making the payment, streedhan, future litigation, etc.
Since you have already filed the Divorce, so, now contest the Divorce and maintenance cases,
concentrate on the advancement of the divorce case and delay the maintenance case,
As you have made up your mind regarding divorce you should proceed accordingly. Attend the hearings and take cruelty and desertion as a ground.
Moreover ask for custody of the kids.
For 125 ie maintenance,she is not entitled to it as she hasn't been living in her matrimonial home since her marriage and she has no valid ground for it.
Moreover, she cannot take advantage of her own wrong and ask for alimony/maintenance despite she being the one who abandoned you for all these years.
Dear Sir,
1. Under subsection 4 of section 125, you are not liable to pay maintenance if your wife is staying away without any sufficient reasons.
2. If you are being summoned it is better that you appear for the hearing.
3. You can also file divorce on the ground of cruelty.
Thank You.
