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Himanshu shukla (consultant)     13 November 2011

The harasement by the wife

My Frieng got married 17 years ago his nam is tony lobo , he got married to jane lobo , the marraige was solemnised by the catholic rites,the marriage is registered,they have two childrean out of this wedlock,son 14 years and daughter (10 YEARS) , both husband and wife are working but for past three years his wife jane lobo started behaving absutdly and started asking for the divorce, but my friend denied, then jane lobo went ahead and filed the divorce petition A ( on the basis of cruelty) whlie both are staying togather in the same flat, nut my friend does not want the divorce and want the family, right after filing the divorce case jane lobo started harassing tony lobo and threatening him to call the police and make him arrssted , she even stoppd cooking food for him, she even shouting hen he is fast asleep, she always tells him to get out of the house nd stay some  where else , she is demanding rs 5000 monthly compnstion and the custody of the childrean even after all this my friend (tony) want the following .

1. he does not want to divorce her in order to save the familly.

2.he does not want to attend any of the court hearing.

3. he wants to stop all type of the domestic voilence.

please advise what he should do.

 

3.

3.



Learning

 8 Replies

Advocate Vishnu (Advocate)     14 November 2011

Your friend , in his written statement can deny allegations levelled against him by his wife as false and express his desire to continue the wedlock.

If his wife initiates divorce proceedings , he will have to appear in court to give proof and make himself available for cross examination

If he can prove that his wife is abusing him, ( witnessess or cell phone messages .. etc), he can delay the grant of divorce.

In case he wants his children to be with him, he can seek legal custody of his children by giving proof of paying their school fees,.. etc

If she can take care of herself, ie if she is professionally employed , then he can avoid giving her maintenance. ( several judgements available on this ground)

Alok Tholiya (self employed)     14 November 2011

Very sorrowful tale ( if true) and I too will like to learn. Since there is no follow this query button I have to follow this by writing something .  

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 November 2011

If he stops appearing, the court would decide ex-parte against him.

 

 

Regards,

 

Shonee Kapoor

harased.by.498a@gmail.com

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     14 November 2011

HE MUST APPEAR BEFORE THE COURT, AND DEFEND HIMSELF

can't avoid.

better be calm & cool & hope for the best!! 

Anil Agrawal (Retired)     14 November 2011

Wait for 498A. 

Himanshu shukla (consultant)     14 November 2011

what about filing the case of the estitution of the conjugl rights under the section 7 of the indian divorce act? pl advise.

2. My friend says that he will appoint an advocate and that advocate will keep on appearing on his behalf.

 

pl advice

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 November 2011

You can appear or your lawyer can appear on your behalf.

 

 

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

Shantilal Pandya ( Advocate)     12 February 2012

simple case to fight out on truth 


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