in case failure of divorce by mutual consent.
Ashok
(Querist) 28 November 2009
This query is : Resolved
I have still not recieved the response against this. Kindly share your advice on the below.
I married May 2007. After 8 months wife went to her parental house with his father. we tried to settle the things but things were happening again and again.
in Sep 2008 they dragged us to police station and demand money(Rs 10000/month) and also they put the condition to me that i have to visit her parental house every now then just to troucher me and leave under there order. In order to avoid 498 and not to disturb the family and relative, i was ready for above conditions.
For initial month i have sent the amount through Money Order. but for the 2nd month have sent 1500 due to some problem. Immidiatly after that she comeup with thretening call that she will go to police if i dont give her whole amount for the month. i tried to convinced her that will give her in next 1 week. but she forcing me to come to her parental house which is not possible since i am working some other city.
Based on the MO Statment and the her thretening conversation we have sent court notice to come back. But they didint replied and at last they comeup with divorce solution.
in Mar 2009 we have register the first motion. Sep 2009 was the date for 2nd motion. i have given her all the maintenance as well as her gift in the marrage. have the photocopies of that and also mentioned all these details on stamp paper which is made up by some intermediate people. The case is filled in Kolhapur session court, Maharshtra
We have given the same lawayer for both as per there condition.
My query are as below.
In Case Court rejects the 13B application, what should be my strategy. Also if they file 498 against me, so to avoid any trouble to my parents and relatives what things should i do.
Expecting more feeback with some analysis.
Thanks in Advance
adv. rajeev ( rajoo )
(Expert) 28 November 2009
if 13 B application is rejected then proceed with the case. There will be a conciliation stage in the divorce petition, Judge will call both of you and enquiry about the reasons for the divorce. There will be a camera proceedings if you wish. At this time you can say how you have suffered because of your wife and her parents and their conduct with you. you can also say there is chances of filing 498a on you. Judge may warn your wife.
Srinath Kondapally
(Expert) 28 November 2009
If mutual consent petionfailed to deserve the purpose, you are at liberty ito file unilateral divorce petition by mentioning all respective facts which led to file divorce case and if they initiate 498-A proceedings it is a good ground to obatain divorce as per law
joyce
(Expert) 28 November 2009
I adopt the answer of mr Rajeev. every divorce cases have reconcilation stage,and sufficient time is given for the same. if nothing goes on work, hope divorce is the only order left to court.
niranjan
(Expert) 28 November 2009
It would be fine to file independent petition of divorce and you have many grounds to get divorce.I endorse opinion of Mr. Srinath.
