Divorce Proceedings
I filed an Initial petition for Divorce U/S 13A, while after a few days my wife filed for Maintainance u/s 125CrPc and judicial separation u/S 10. In that court sent both parties to mediation and an amount x was decided to be paid against all claims of wife and daughter(4 years) in 3 installments. Ist installment was paid on Closing of 125 Crpc and Judicial separation, the second installment was paid on the Ist motion date 30 July 2019 and it was completed. While for 3rd installment the wife called and asked that she wants to make the FD as per agreement and Money can be transferred to her account and she will get the FD done. It was also decided that a Section 13B 2 will be filed in 10 days with an application of condonation. I transferred the money after asking the lawyer, as the agreement was made in court and 2 statement has already been made. The remaining money was sent as RTGS and confirmation was sent of receiving. Later wife denied to come forward and legal notice was sent by me. Now i need clear understand all options i have and how supreme court extension of limiation affects my case, as it required us to fininsh proceeding in 18 months which is stuck due to her attitude. I have filed 151 Cpc application, a private complaint as well as contempt petition but that doesnt help me in getting divorce. Can any one show me right path.
Free Legal Advice - family dispute
Posted by: jay
Posted on: 2020-12-20
Dear Sir, You may ask the Court to pass ex-parte divorce since wife is not co-operating after taking major amounts. Otherwise you may approach the High Court and get an appropriate order in the given circumstances.
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I filed an Initial petition for Divorce U/S 13A, while after a few days my wife filed for Maintainance u/s 125CrPc and judicial separation u/S 10. In that court sent both parties to mediation and an amount x was decided to be paid against all claims of wife and daughter(4 years) in 3 installments. Ist installment was paid on Closing of 125 Crpc and Judicial separation, the second installment was paid on the Ist motion date 30 July 2019 and it was completed. While for 3rd installment the wife called and asked that she wants to make the FD as per agreement and Money can be transferred to her account and she will get the FD done. It was also decided that a Section 13B 2 will be filed in 10 days with an application of condonation. I transferred the money after asking the lawyer, as the agreement was made in court and 2 statement has already been made. The remaining money was sent as RTGS and confirmation was sent of receiving. Later wife denied to come forward and legal notice was sent by me. Now i need clear understand all options i have and how supreme court extension of limiation affects my case, as it required us to fininsh proceeding in 18 months which is stuck due to her attitude. I have filed 151 Cpc application, a private complaint as well as contempt petition but that doesnt help me in getting divorce. Can any one show me right path.
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