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Abhishek Kumar (Others)     25 August 2020

What should i do if i do not want divorce?

Kindly excuse for the long message. I am from Delhi. I got married in Oct 2014. Had a baby in 2015. My wife is from Agra and went there to attend a function in Oct 2018. But then she filed a domestic violence case from there.  Though we had minor family differences, but definitely these were not so big that one will go up to that extent.

My family and I went there and tried everything to bring her back. Her family kept on changing their decision every month by putting more and more conditions. And they kept on lingering the decision. They literally tortured and did huge mental harassment in last more than a year. But I have been very positive that she will come back.

Meanwhile I hired a lawyer in Agra and submitted my response against domestic voilence case. I also requested the judge to send the case to mediation which my dear father-in-law rejected on the spot. Judge asked them to submit their evidence around Jun 2019. At that time, they also filed a case of maintenance

But thereafter the entire Agra court was shut down due to transfer of all the judges, and then later due to Corona.  Since the court has opened now, she has filed a case of divorce too

I still want to bring her back because I love her and my baby more than anything. I earn satisfactory salary, she can claim good maintenance amount. But I do not want to give anything to that family. Otherwise She and her family will be will be more comfortable with free money. But I want her back in my life.

Honestly speaking I still do not know the root causes. Unless I get some other facts, it seems to be ego issues, misunderstanding and finally lack of trust.

Queries:

1) Should I file Sec 9 from Delhi ? Someone told me that it will get rejected straight away as they have already filed all these other cases from Agra.

2) As a couple of their relatives are provoking the situation. Should I file a harassment and defamation case against them from Delhi ? I think if they will have to visit Delhi and feel the pain, it might help in resolution.

3) If I know correctly, all delhi courts have gone online. Will my above point still help? As there will not be any pain in appearing online from home. Need suggestion

4) I am on depression pills and not able to perform in my job. I am sure I can not survive my job with this latest divorce case. Will it be a good idea to quit my job myself? It might help in reducing maintenance. Also I do not want to earn money and feed someone who has spoiled my life. I do not see my future without my wife and kid.

5) As I do not want to give divorce, and want to linger on the case. How much would be minimum and maximum maintenance in both the cases when I am in job, and not in job ?

6) Most importantly ... If things go wrong, what should I do to get my child custody ( as of now, and when he turns 5.. he is already 4 yrs old) ? Will it be a separate case? Should I file it from Delhi or Agra ?

7) As I am still unsure on the root cause. Can someone help with local detective agents in Agra.

8) We came in touch through a matrimonial site, and have ZERO contacts in Agra. As I want to settle down everything. Can someone become my guardian angel and help in finding some influential people there who can do the mediation and save the relationship. I will be more than happy investing in such a person. It will be a lifetime debt on me.

- Abishek ( Kindly contact abhi.0182.kumar@gmail.com )



Learning

 7 Replies

Dr J C Vashista (Advocate)     26 August 2020

Be precise and brief for seeking an obligation of experts, if required.

Shashi Dhara   26 August 2020

You file objections to divorce and proceed the case that she is acting  under the instructions of her parents not eligible for divorce and grounds are baseless.

1 Like

Real Soul.... (LEGAL)     26 August 2020

Queries: 1) Should I file Sec 9 from Delhi ? 

You can file but that is always useless...but i adivse you file it is better to file , for you can make them to spend their time and money in  deffending that case...

2) As a couple of their relatives are provoking the situation. Should I file a harassment and defamation case against them from Delhi ? I think if they will have to visit Delhi and feel the pain, it might help in resolution.

If  you have proof it is better to file a complaint before magestrate

3) If I know correctly, all delhi courts have gone online. Will my above point still help? As there will not be any pain in appearing online from home. Need suggestion

The evidance and attendance is must at certain stages that only can be recoreded by phyical appearance..It will give them some depresion.

 

4) I am on depression pills and not able to perform in my job. I am sure I can not survive my job with this latest divorce case. Will it be a good idea to quit my job myself? It might help in reducing maintenance. Also I do not want to earn money and feed someone who has spoiled my life. I do not see my future without my wife and kid.

It appears you are really depressed...don't quit your job that will ruin you and destroy you.You will proved useless in court..

5) As I do not want to give divorce, and want to linger on the case. How much would be minimum and maximum maintenance in both the cases when I am in job, and not in job ?

That depends and you should not think like that.

 

6) Most importantly ... If things go wrong, what should I do to get my child custody ( as of now, and when he turns 5.. he is already 4 yrs old) ? Will it be a separate case? Should I file it from Delhi or Agra ?

You can file for custody case in Delhi,but that is near impossible to get custody of kid at this tender age..

 

7) As I am still unsure on the root cause. Can someone help with local detective agents in Agra.

there are many det agencies in Agra ..Search in Google.

8) We came in touch through a matrimonial site, and have ZERO contacts in Agra. As I want to settle down everything. Can someone become my guardian angel and help in finding some influential people there who can do the mediation and save the relationship. I will be more than happy investing in such a person. It will be a lifetime debt on me.

I think you madly love your wife, but you need to involve some socail agency in Agra to get medaition if they do that..  However i think your wife will never give you peace and it is time for you to think seriously and get divorced and marry some good girl..Look at life ahead not backwards...


 

1 Like

Abhishek Kumar (Others)     26 August 2020

Dear Sir/Madam, First of all thank you so much for your time to read and respond.

4) When you say I will be proved useless in court... Will there be any negative side from legal perspective? When I am loosing everything, what will I do with job. Also I do not want to give maintenance. I do not want them to feel comfortable with free money. Will not it help in reducing maintenance a lot ?

7) I have tried my best to find local detective. But did not get a single one. I just though if anyone knows out here or if there is some other way.

Could you share your contact number or whatsapp number

Regards,

Abhishek

abhi.0182.kumar@gmail.com

Shashi Dhara   26 August 2020

Don't quit job ,engage eminent advocate and proceed case,try to avoid to  attend  court ,your advocate will defend your absence in court,drag it as much as possible in court.

P. Venu (Advocate)     26 August 2020

Any meaningful suggestion is possible only if you post simple, keeping aside opinions and emotions.

Dr J C Vashista (Advocate)     26 August 2020

File your case(s) where ever you are residing 


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