Hi,

I was married in Jan 2010 in Meerut UP.My wife (Anita, name changed) lived with me for around a week in meerut and since then she is living separately and working in hyderabad and me in Meerut UP. Here is series of legal events

• Married Jan 2010

• dec 2010 Anita filed 498A .C/s filed by hyderabad police angst me.Under trail now

• April 2011 Anita filed section 13 A in hyderabad to seek divorce on grounds of cruelity

• Sep 2011 we both filed MCD u/s 13 B HMA in Meerut. Handed over streedhan and first part of compensation amount on first motion on condition that she will close 498A before final motion of 13B within six months.

• Dec 2011 Anita withdrew section 13 A from hyderabad (which was filed prior to 13B MCD case)on grounds that 13B is filed in Meerut UP

• After sometime of it, Anita refused to close 498a case against me in Hyderabad and asked that she needs divorce first in 13B Meerut case , after that only she will close 498a case

• This spoiled the compromise deed that happened in section 13B suite.

• After knowing this ,I disagreed to agree for 13B divorce until 498A is closed by her. However this is verbally told to her but not in family court’s record.

• After this , again in Nov 2012 my wife filed a new suite u/section 13 A in Hyderabad to seek divorce on grounds of cruelty.

• In Jan 2013, I brought in notice to Hyderabad family court that since 13B MCD in Meerut is still pending so my wife has filed the Hyderabad 13 A case with illitentions to harass me, so it was stayed by that court stating that since 13B is still pending so Section 13A can’t continue in Hyderabad.

• April 2013, my wife’s advocate appealed in 13B MCD case to dismiss this case putting allegations on me that I don’t want to settle down this case, so she wants to withdraw the 13B suite.

Now, I seek the following advice :

1. Its very much clear from my wife’s actions that she wants to get 13B dismissed, from UP so that she can trouble me in Hyderabad in 13 A HMA case with enhanced alimony. So, what steps can I take in 13B MCD case.

2. Someone told me that there is a limit of 13B suite for 18 months beyond which it can’t sustain. Since its more than 2 years since it was filed in Meerut, so is it liable to be dismissed on this ground? If yes, then under what provision of law can I appeal to court to not to dismiss it ?

3. Since my wife is not obeying to the compromise deed signed in 13B MCD that she had to withdraw 498A first before the final motion of 13B and now she seeks divorce first, how safe and useful it will be for me if I first agree for divorce then to face 498A case in Hyderabad. I believe she will not close 498a case by herself after divorce. And that case is now at evidence stage for witness no. 1 complainant , my wife.

4. In the worst case if under her appeal to family court Meerut, the 13B suite is dismissed by court, do I have the provision to appeal for revision to District Judge against that order and if that appeal is accepted by District Judge, then until the decision of that revision appeal, does she has the right to revoke the 13 A case in Hyderabad ?

I request a reply over this soon by h’able members of this forum . It will be a great help of yours as I am not getting the correct opinion till now from anyone.

Thanks a lot with heart in advance for your help and replies. For any query or more information from my side please reply.