Advice in Family Issue
5 years ago
Our marriage was held on 19-06-1998 and we were blessed a son on 23-03-1999. We lived happily. There were some disputes which common in all families. My wife left me on 19-09-2014 blaming me with simple reasons and living separately under the supervision of another person. This person was provoked my wife and became the reason for separation. Many times I and my relatives and well wishers approached her and her parents but no use. They strongly decided not to join in society. In 08-10-2017, I and my friend approached her aunt for convincing purpose. But my wife felt ashamed and threatened me by saying "I can send the divorce notice and file DVC". To protect my self I filed a petition u/s 9 of HMA i.e. RCR on 18-12-2017. In reply to that petition she filed the counter abusing that "I had tortured her in mental, physical and sexually", and IA petition u/s 24 of HMA for maintenance. At the time of marriage she was only 10th class and I taken the all the risks and encouraged to study. She completed BA BEd. Diploma in Classical Music with my support. She had worked in private school for 4 years. After getting earning capacity and with the provoking of another person and her sisters and mother she left me on 19-09-2014. At present she has been working in a private school and earning. Suggest me how can I protect my self. Can I file order 16 rule 6 of CPC. Suggest me how to approach further. Hope your advice will help me a lot. Thanking you sir/madam.
Manjula Shanmugasundaram
Responded 5 years ago
Sushmita Das
Responded 5 years ago
However, if you do not want a divorce and want to sustain you relationship with her, in that case you have already filed a case u/s 9 HMA, so contest the case wisely.
To avoid dire consequences you should consult you lawyer and take precautionary measures prior to that.
It is important for you to know that, the burden is upon her to establish the allegations she has put upon you.
Mohd Imran
Responded 5 years ago
Please ask the Ld. Court before which your case of section 9 HMA is pending to fix the matter for presence of both the parties in person. Then ask her before the Ld. Court that whether she wants to join yiur company or not. If she denies for that than got her statement recorded on court record and withdraw your case. It will help you to finish this litigation and also save you from paying maintenance u/s 24 of HMA.
Than after getting the certified copy of the statement file a case for divorce mentioning all the facts and circumstances honestly.
For further queries plz contact in person through VidhiKarya ID
NILANJAN CHATTERJEE
Responded 5 years ago