Supreme Court or Family Court: Best Route for Final Relief?

786 votes

Ok, I understand your problem. All this can be ended only through one case. Both of you together file a divorce petition under section 13B of the Hindu Marriage Act. In this, both parties can settle the matter among themselves and get a divorce from the court. On the basis of the divorce, all these pending cases will have to be withdrawn. As soon as you both get a divorce, you will be free.

Advocate Anmol Sharma LawRato

570 votes

In view of the multiplicity of matrimonial proceedings pending before different fora, namely the Courts at Gurgaon and Panchkula, the most prudent and practical recourse would be to seek consolidation of all such proceedings. A Transfer Petition under Section 21A of the Hindu Marriage Act, 1955 read with Section 406 of the Code of Criminal Procedure, 1973 (or Section 447 BNSS, as applicable) may be preferred before the Hon'ble High Court/Supreme Court, seeking transfer of the Wife's petition for divorce and the application under Section 24 HMA to the Court presently seized of the matter wherein an order under Section 498A IPC has been passed in your favour, on the ground that consolidation would avoid multiplicity of proceedings, conflicting findings, and undue hardship to the parties. Concurrently, the appeal/revision against the order on maintenance ought to be vigorously pursued, with due reliance placed upon the findings recorded in the 498A proceedings, which may have a material bearing on the question of conduct and entitlement to maintenance. Further, in light of the failed settlement attempts, a structured mediation under judicial reference, as contemplated under Section 23(2) of the Hindu Marriage Act, may be explored afresh, particularly once consolidation is achieved, with a view to securing a comprehensive and global settlement of all disputes inter se the parties. It is advised that local counsel be engaged on an urgent basis in both jurisdictions to safeguard against any ex-parte orders being passed during the pendency of the Transfer Petition, and that certified copies of the order under Section 498A IPC be filed in all connected proceedings.

Advocate Neha Gupta LawRato

670 votes

If no children issue and both are tired, money settlement + 13B + quashing is best. If wife is aggressive and settlement closed: finish her divorce case quickly, use 498A findings, oppose Sec. 24, and seek final decree

Advocate Raman Sahu LawRato

884 votes

Based on the facts stated, merely talking to another person, without any physical relationship, does not by itself prove adultery. If you do not consent to divorce, your husband must establish a legally recognized ground before the Family Court. His threats regarding child custody should not intimidate you, as custody is decided on the welfare and best interests of the minor children, not on allegations alone. You may contest the divorce, seek mediation if reconciliation is possible, and, if required, claim maintenance, residence rights, and appropriate interim custody/visitation orders. Please consult a local family lawyer promptly and preserve all relevant evidence and communications.

Advocate Usha Gehlot LawRato

862 votes

There are Various legal Remedies to deal with it . Rest depends on matter. feel free to Contact for further advice and assistance Thank You Regards Advocate Kuber Hooda Punjab and Haryana High Court Delhi High Court

Advocate Kuber Hooda LawRato