Filing divorce first advantages

Very Good Avnish Ji, please eloborate further on thios issue as i am requesteing time and again my wife to come back home for last 8=9 months through mail ,sms, phone, relativers etc. but she is not ready and wants her undue demands be metd first and i have serious doubt that after i accept her undue demands she wil be back or will file cases on us. I  sincerely want her back .

What should i do.The problem actiully is due to childrens.We have married for the seond time .I am widower with one child and she is divorcee with one child the main issues are related to chidlfen and more of her child who mis behaves with others and whenever some one objects complaint to mother and she starts arguing and beating others.

Hi Avnish,

Please clarify how filing divorce first gives an advantage "u can avoid many ill effects of so called biased laws like 498a"

I know somebody who file for divorce. As a counter blast his wife has file for divorce also proceedings under the PWDVA and 498A/406.

As for the jurisduiction she has moved the SC to shift the jurisdiction to her doorstep and from what I hear the judges are more inclined to favor the females on the plea that they cannot travel alone etc.

Your valuable inputs will be highly appreciated.

mr bhaskar file RCR thru expert matri lawyer.

mr atuliya if ur wife files 498a AS a counterblast its very gud for u. if she files 498a first then u have more chances of getting trapped.

as a counterblast 498a will  create a serious doubt in mind of judge, and creating this doubt is the best thing for u, as criminal cases run on theory of beyond reasonable doubt proofs for conviction. this doubt factor means easy bail and no conviction.

regarding tranfer yes while transferring there are several factors are considered by SC and more so fair s*x is favoured. but fight it tooth and nail and u have 40% chances of avoiding transfer. favour tilt is only 10%.

for more details contact an expert matri-criminal lawyers group.

Hi Avnish Ji,

I am ready to file RCR but somone has advised not to do so as first of all she may file differnt cases and ask for maintenance and secondly she can come for a short period and go back again to defeat the purpose of RCR and has advised to file divorce on ground of cruelty and desertion.

She has physically hurted me many times which i had conveyed to her on mails and slips of doctor ,X-ray etc.to prove that,she got abortions done without my consent, she beated my child and other childs in the family,servant, she refused to have s*x a number of times and told many times that she will not see me, she told me that she loves her ex more than me , she misbehaved in front of my relatives ,sshe topped preparing food and talking to us a number of times etc.etc.

Please advise what is the safest mode of her bringing back or giving divorce.

RCR can be dubble edged sword.

If you win RCR and she does not come -- it become a ground of divorce.

If you win and she joins - it is good if marriage works, but if she comes and starts her old ways -- your life will become more miserable.

If you loose - it will go against you in your divorce case.

So please take next steps depending upon which of the above scenarios appears more likable in your situation

mr. bhaskar first decide urself , if u want to live with her or not. if not and u can prove her actions listed above , u will get divorce on basis of cruelty.

Avnish Ji,

Time and again i have exchanged mails with her mentioning all these incidents, will that

be a proof itself or not.

Although i want her back but she is not ready to mend her ways and moreover her parents are supporitng her in all this.

Keeping in view above incidents please advise what to do.

Thanks

Mr. Bhaskar,

Sorry to interject between you and Avnish. But from your posts let me tell you very bluntly [you may feel ofended but can't help it] you are wasting your time weighing various options. From the various posts that you have submitted, I'd say you need to gwet up and get real. You have little option but choose and proceed for Divorce on grounds of Cruelty & Desertion.

All your mails and sms etc will come to your aid when she seeks maintenance. From your posts above it is evident that you have all the ingredents for Cruelty meted out to you.

The most essential requirement for you to succeed will be a well drafted petition. Rather in superlative degrees it should be the BEST. I emphasise on a good petition because most lawyers tend to churn out petitions rather than individually draft them based on the merits of the individual case.

Cheers & Good luck to you.

Avnish Ji/Atulya Ji and other Experts<

Please also advise whether whether filing application for Mediation will have any positive impact on divorce petition if she do not turn up for mediation.

Thanks