I am srvng in ITBP since 2007, I got married on 02-10, After 1 year of marriage my wife told me that my younger brother has put through fire on her to die, when it was a co-incidence that all family members are warming hand on fire on roof it was the winter season, after some time she claimed that her golden bangles stolen by my mother which were recovered from my wife's almearah, once when i were on leave she tried to drink kerosene oil and said after my death you all will be sent to jail, all above mentioned incidents are a part of such a cycle to pressurize me to left my old mother father alone and to live with her separately. She also tried tantra mantra as when once i were on leave i found an envelope written in urdu and mustered pieces below my pillow, i ask her than she replied me that was to tame me. When she saw that there is no any effect on me of these propaganda, In 06-12 she suddenly left my home with her brother without any kind of intimation to me or my family and when i came on leave she blamed to my father that he tried to sexually harass her. After this big drama i decided to live away from my family and got a room on rent near my in law's and spent my leave there but she continuously forcing me to stay in departmental quarters where i am posted but i was unable to take her there. AND every time she forced me to don't go NEAR PARENTS and spend total leave with her, Last time during 10-15 when i were on leave with my parents she and her brother threaten me that he will ruin me if i will not act as well his sister directing. As I was feared about that all so I had gone to a lawyer, he advised my to file sec 9 for prior safety from fake cases. I haven't any child. when she got notice of se 9 she and her parents lodged a fabricated FIR on 03-16, now 498/DPR, DVA and crpc-125 is undergoing, on FIR and c/s i have proceeded to high court and only mediation ordered from there, out of which 1st time ordered mediation was continued in AHCMCC and failed and i didn't get any action on 2nd time ordered mediation and same is listed in 01-18. In c/s my sister's name has been removed with statement of wife that her name was entered in anger, me and my parents not appeared yet before court for bail, as per advise of my counsel i request to discharge the charges sheet before lower court and he says that when court refused it, we will move to high court for seeking same day for you and to remove your parent's name from c/s. please guide Is he right or misleading me. Could i get a direction from high court to hear all three cases in same day in different lower courts of district Firozabad. Could i get a direction from HC for expeditious disposal of the same what would be the merit of crpc-125 as my wife is graduate and teachin in a private school but I have no any evidence. could i rqst from HC for expeditious disposal of divorce (filed-10-17) as my wife is living separately since 2 years and there is no any conversation between us
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You must act as per your lawyer advice
2) wait for orders to be passed on discharge application
3) all 3 cases would not be heard on same date
4) you can request for expedited hearing of cases pending in lower courts
5) if there is not substantial difference in your income your wife would not be entitled to maintenance
The advocate shouldn't have advised to file section 9 as there are other methods to control things. However looking into circumstances, I cannot say that he is wrong. High court has wide powers. Advocate's strategy seems fine. Let him do.
Respected sir...
Your advocate is absolutely right just join the proceedings and wait for your turn ...Provide evidence to your council that he can strongly fight your case and ...If you don't have any proff of her income then all in vane you can not seek court to be lenient towards you because court always works on evidence ....
Thanku
1. Well botht he 498aA,DV and 125 crpc can be tried together but civil suit u/s9 of HMA will be tried separately.
2. yes you can apply to high court for expeditious hearing of all the cases whereby the high court fix a time line to complete the trial within a time frame.
3.Since several criminal cases are filed against you , it is advisable to withdraw the RCR and file divorce suit.
Sir, to your 1st question it's advised to follow your advocate. He is right in advising you to wait for orders from lower court, then only he can move higher court.
2ndly you can move to higher court any time for seeking direction to speedily disposal of the case s pending and also to be heard at the same day.
3rdly your case is based on facts which needs to be proved by your wife or disproved by you through evidence which certainly will take some time and in these situations the trial court will never hasten to pass any orders respecting discharge of your parents. So they have to face the trial as the allegations levelled against them or against you are of serious nature. So have some patience.
4thly as per law you are bound to pay maintenance to your wife under Sec-125 of Crpc.
Lastly you are sincerely advised to pursue you wife for a settlement outside court if you want speedy disposal of case and try to persuade her for a settlement and tell her what she exactly want from you & even if she wants a divorce from you or other compromisable wish then you should hasten as the trials in such cases do take a long time.
Hope your questions have been answered.
The writ petition filed under 226 by you challenging the FIR in the ALL. HC has become infructuous after filing of the charge sheet by police in your case. However, you can continue attending the mediation proceedings and hence, you should turn up for mediation on 01-18.
You need to wait till rejection for discharge application for approaching the High Curt. Even at this stage, you can challenge the charge sheet in a petition under section 482 crpc and seek an order for same day bail. Thereafter, you may surrender on obtain bail from the lower court. Meanwhile the meadiation will go on.
Hello,
I will not differ with the advise given by your advocate.
If there happens to be no substantial difference between you and your wife's income then she will not be entitled to any kind of maintenance.
All the three cases can not be heard on the same date.
yes you may definitely move to high court for expeditious disposal of all the cases.
Additionally I would advise you to withdraw RCR at this juncture.
Regards
Yes, you could file a petition under Article 227 for expediting the rest of the matrimonial cases.
TO ensure that your is not awarded maintenance, move requsite application under order 11 cpc rule 14.
1. Please convinces her for mutual consent divorce against some lumpsum settlement.
Easy and Fastest way out.
2. For same day hearing simply request the magistrate of each court and get the dates arranged for same day..
HC can also be the option but will not be required as the lower courts will fix the cases on same dates after your request.
I think that you should arrange for the anticipatory bail of your parents.
See, there is no law for getting the direction from high court to hear all three cases in same day in different lower courts of district Firozabad. Criteria for deciding the matter of CrPC 125 is Status of the parties. Reasonable wants of the claimant. The independent income and property of the claimant. The number of persons, the non applicant has to maintain. The amount should aid the applicant to live in a similar life style as he/she enjoyed in the matrimonial home. Non-applicant’s liabilities, if any. Provisions for food, clothing, shelter, education, medical attendance and treatment etc. of the applicant. Payment capacity of the non applicant. Some guess work is not ruled out while estimating the income of the non applicant when all the sources or correct sources are not disclosed. The non applicant to defray the cost of litigation.
She must have filed her income affidavit in which she has to mention all her earnings and all.
Ans1.-Yes,you can get that.
Ans2.-Yes,you can get a direction of 6 mnth or 1 year.
Also that if you could present proof of your wife's job than you could be relieved from 125.
Ans 3.-Yes,you can do request in high court and you can get direction for quick disposal but you get disposal in prescribed time or not is upto district court(your on going case).
Yes Highcourt is currently right option for you. Infact you can put an application for quashing of FIR with valid legal points before Highcourt. For quick disposal of cases also. Move an application u/s 482 of CRPC in Highcourt.
