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Praveen Kumar (Not working)     21 November 2011

Possibility of filing case against ex wife

I was married in April 2009 to a divorcee though it was my 1st marriage. In Nov 2009 she left me when she was pregnant. Later I had to file RCR. She filed 498A, 506 and Dowry complaints which she herself withdrew for reasons still unknow to us. During this period she gave birth to a girl child. when reconciliation failed I withdrew my RCR. Later she filed maintenance under 125CrPC in a different court. Later my mother was diagnosed cancer in last stage, after this they started bargaining for money but I was not capable to pay their amount. Meanwhile I filed for divorce. In 125 CrPC the court intervened and got a settlement done for 7 lacs, though beyond my means as I had to look after my ailing mother but had to agree as there was no option. legal fight is long drawn battle and I had to agree keeping in mind my mother's health. I had to withdraw my divorce petition (from karkardooma) and file the mutual divorce petition in the court where the settlement happened in 125 CrPC(Dwarka). They started delaying it and wanted 7 lacs cash but as per settlement 7 lac was to be given as FD for child and they wanted the divorce to be filed in karkardooma now. So a mutual divorce wass filed and 1stmotion done.

She made my life hell for 2 years, delayed divorce due to which I had to leave job and take care of my mother myself as there was no one else. My career went for a toss. Plus my mother is forced to battle death in agony. Over all she defamed us and harassed us by filing false complaints. Thank god in delhi cases are registered after CAW cell investigation wherein she was not able to prove anything and thus withdrew her complaint after I produced that she did same in her 1st marriage and all her allaegations against me are false.

How can such a lady be punished? is there any way out legally. please guide me, if such ladies are not punished such menance will spread further in our society.



Learning

 8 Replies

Tajobsindia (Senior Partner )     21 November 2011

@ Author 


 Your brief is repetative brief except last two ending lines. I am volunteering for that;


1. We can tell you counter and or other cases which is not a issue here. The problem I see is when your mother is medically not well and needs you now why you want to spend your rest of money and time into chasing your MCDed wife ?


One you give convincing answer to yourself on who is NOW more important your ailing mother or exing - wife then come back for guidance.


Also why you forgot to tell us what is current stage of your MCD and 7 L?

Others may give their say
 

Praveen Kumar (Not working)     21 November 2011

Sir,

I have given 2 lacs on 1st motion and 5 lacs is due on 2nd motion which will be in may.

I did worked hard, extra hours and has somewhat managed my financial situation in a very comfortable zone.

I can manage and afford cases against my wife without compromising on my mother's treatment. How can I forget the agony I had to go for nothing.

Please guide me legal ways so that she is punished after divorce. Otherwise even the child will always feel that the father was wrong. I dont want that she jailed but court should accept that she has done wrong.

Tajobsindia (Senior Partner )     21 November 2011

I am sorry I cannot guide when I can see a mother suffering first in presented brief. Other experts may have their independent views but this is my view.


However if you are really concerned about your child's future  que. to you when she attains reasoning age then seek her visitation rights and give her all true love and affection to become a responisble citizen and meanwhile the grandma will have company of child even for few hours in her ailing days too which is more important as per my thinking then spending chasing a ethopean dream in biased gender laws setup that we have in India.


Well above is all that is my thinking others may have theirs ask them.....

1 Like

galsober@yahoo.co.in (def)     21 November 2011

Yes dear, Ur MCD is on the way. Give more concern to ur mom now, legal battles in India are really DRAINING, no justice done......only DATES are given after dates.

REVENGE IS A VERY NASTY RESOLUTION. U HAVE TO DISTURB URSELF B4 DISTURBING UR ENEMY!

So live life KING SIZE & forget the past....sooner the better!

1 Like

(Guest)

tajobs bina Lci adhoora hai

deb (others)     22 November 2011

most of the people will not guide properly,

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 November 2011

Fight cases on merits.

 

Don't behave like - My house is on fire, I am going hunting.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Aishwarya (Teacher)     23 November 2011

praveen ji

Go for MCD , Get married again to a good lady who will look after your mother while u can do ur job and begin a new life..

Revenge or putting up a fight, is not the answer to every issue we have in life, it just cannot be..

Look ahead, help ur maa and do look after ur daughter in every possible way u can legally and itll be good for ur maa too, to meet her grandaughter.. and just do ur MCD ..get rid of all issues.

.just think life is not meant to be wasted as in "time" for someone who just not worth for even a look..

rest its ur call..


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