Hello,

First thing bear in mind that this is not a money suit ( this suit is not in the nature of monied suit) and hence order VII rules 2 of the CPC will not apply and therefore subsequently order VI rule 16 will not apply. Otherwise also her pleading will not be stuck off in matrimonial dispute for the reason as stated by you.

Further you may note that if you have filed your WS wherein you must have given your version and negated her version, it will not be good at this juncture to resile from your stand. Moreover, if you concede to cruelty then it will become difficult for you to defend 125 and 24 case. Also, she might then register an FIR.

I must say that you have done a great deal of research but before appearing do consult a lawyer.

Regards

Let me know if I can ne of further help.

If you have no objection to divorce doesnt mean you will get divorce same day. There are two motions in divorce petition of 6 months period so it will take around a year.

You may file the the application for striking down however it will depend on discretion of judge what decision he takes

Yes definitely, I am not denying that fact. You may concede to the allegations, but at the same time please see that those allegations does not amount to any criminal act. Because once you concede the wife might file criminal case also.

Rule of two motion will not apply

Regards

1) judge will not grant divorce on first hearing itself

2) judge will not strike out her pleadings

3) you must have denied allegations of mental cruelty

4) burden is upon your wife to prove allegations of mental cruelty

5) court will award her interim maintenance

6) court would grant wife alimony at time of grant of divorce decree

If there is substantial differences in your income court can award wife maintenance

2) court considers husband income , wife income , standard of living to determine maintenance

3) if both parties want divorce court can grant divorce and decide maintenance amount payable by you

Not possible on first hearing

Maintenance be paid to child

If you admitted her allegation regarding the mental cruelty then the court immediately may passed a divorce order as per order XII rule 16 of CPC.

It will be better to go for mutual settlement and file mutual consent divorce which can be granted within a month now.

As the litigation are already pending before the courts between you and her.

Feel free to Call

1. Your reading of CPC is incomplete. Neither Order VII Rule 2 nor Order 6 Rule 16 will apply to strike off her pleading.

2. If you accede to the first relief sought by her it will be an admission of allegations, on the basis of which she may file a suit for damages. This apart, you will wipe out your defence in 125 CrPC. So do not give her the fodder in the first place.

3. These judicial maxims and ilk are not going to weigh with the trial court. Practical and not academic approach should be followed in courtroom.

1. The Court might accept your application accepting her allegation and claim for divorce applying the provision of order XV Rule 1 and dispose of the suit on the day of the 1st hearing.

2. In the above case Order 6 Rule 16 and Order VII Rule 2 is not applicable since she has neither prayed for nor has been granted leave to amend her plaint and have just left the decision on the Court which the Court may ignore since it is not the duty of the Court to assess her damage or loss.

3. However, any judicially over active Judge might verbally ask her in the Court about her assessed loss/damage and might award some amount towards compensation.

1. It is up to the Court to decide whether it will accept the principle of "Equity aids the vigilant, not those who slumber on their rights" or not and you can not pray before the Court for following a principle for passing an order against you.

2. If you accept whatever she has claimed and also pray for grant of divorce as prayed by your wife, the Court is likely to to be pleased to accept both of your prayer for granting a decree of divorce to reduce the number of cases pending before it.

The other reliefs sought by her are routine in nature hence you need not bother about it because there is no relief at all without any specification.

The main relief is divorce or dissolution of marriage by a decree of divorce on the grounds of cruelty.

If you are ready to giver her divorce then you can file a memo stating that you are ready and willing to submit to the prayer.

The court may pass an order and judgment as per provisions of law accordingly.

if you have decided to give her divorce that too without contesting the case filed by her, you could have avoided to appear before court and allowed the case to be decided in your absence and an exparte judgment would have been given to her which is also the same result as what you have decided to do now.

Even now you can file a memo submitting to the decree prayed for by her, the court will pass an order and judgement after entering your both evidence to this effect.

Yes true in that case your remedy would have been an application for setting asife ex parte decree.

You have taken a step which is legally viable.

Regards

Thanks for your appreciation

Court does consider wife income while determining maintenance payable by husband

1. if you allow the divorce case filed by your wife on the ground of " Divorce on the grounds of mental cruelty against her" then it amounts to agreeing to the allegation made by your wife.

2. A party need not disclose any amount either towards monthly maintenance, alimony or fee of the advocate etc.

3. The Court will decide the expenses and also decide the quantum of monthly maintenance or alimony.

Whenever you wanted an opinion, you should disclose the facts or else you will be the loser by getting misguided opinions.

Please be aware that HMA 24 petition will be valid and remain effective only till the main petition for divorce or restitution is effective, once the main petition is disposed then the petition filed under section 24 HMA will automatically become infructuous.

as your wife is earning well enough court shpuld not grant maintenance to her, as recently in many judgments this is happening that if wife can take care of hereself she do not require maintenance. Its good you are willing to give maintenance to your child, and 2-30 seems decent. however everything is on courts discretion.

I have told you the latest scenario.even under 125 show that she is earning well and is an educated lady, this would be your defence and that you are willing to pay for child.

1. Not necessarily that in case of your availing Ex-Parte divorce, your liability for paying maintenance would have been higher, had she filed maintenance petition later on.

2. At the later stage also you could have prayed before the Court for directing her employer to submit her salary details or the I.Tax department to submit copy of her I.T. Return in case of her false submission about her earning.