Divorce
rohan sharma
(Querist) 15 September 2012
This query is : Resolved
Dear Expert.
I was married 2 years beofore. I was affectionate to my wife . After 2 years she returned back to her parents home for delivery. After delivery she refused to return back. I make her understand but she didt listen. So i filed section 9, but she get transferred the case in their city. Now case has been transferred around 9 months before but till i have not recived any notice. Immediately after sction 9 , she filed 125. In mediation of section 125, she agreed to return back on certain conditions which were only her desires, which were not acceptable to me. But as i was loving and caring to my wife, so i agreed her conditons which were in printed format. We both signed that. And section 125 was withdrawn by my wife. Then she start living with me, Again after 6 months, just one month before, she returned back at her parents home, as she dont wanted to spend her life with me in small city. When she going back, I informed to police and police take her statements as she is going at her own will, as he dont fullfilled the conditions which were mutually decided in mediation of section 125. After going to her parents home she again filed 125. Now i have been so much fed up with my wife, that now i too dont want to live with my wife. when can i file for divorce ? what should i do at this stage. I am totally confused, Please guide me. Looking for your valuable advice.
Rohan
Anish Thakur 7018812737
(Expert) 15 September 2012
if you has made your mind for divorce then file divorce on the ground of cruelity. fel free to call if you need detailed procedure.
V R SHROFF
(Expert) 15 September 2012
time will heal ur misunderstanding. just wait for 6 m
Kiran Kumar
(Expert) 15 September 2012
well the first effort of the court will be to save the marriage.
however, if you are in position to prove that she committed cruelty upon you then you may file the Divorce Case on the ground of cruelty.
filing false and frivolous cases also amounts to cruelty, provided you prove that the cases were false and frivolous.
V R SHROFF
(Expert) 15 September 2012
provided you prove that the cases were false and frivolous.
Even if u win 498 case court says , she failed to prove allegation, does not mean, the case was false. !!
So unless judgement point out that charges were false, it won't help you..
rohan sharma
(Querist) 17 September 2012
Thanks to All
Dear Ashish Ji,
As you told Do guard against the false criminal cases, which might be registered as a counter to the divorce case which i will file.
Sir , I would like to know. whether she can can 498 against me. if yes will 498 be registered, because she never filed 498. when i file section 9 in Feb 2010, that times also she did't file, but she file the case of 125, which was also withdrawn on the basis of certain conditions in Meditation. In meditation also it was not mentioned that i am asking for Dowry. and after six month of withdrawl of 125, while she was going back, she given statement in front of polic that he did't fulfilled the condition of mediation of that's why i am going back. So Till date she never told that i was asking for Dowry, which really i never asked her for dowry. More over my parents are not living with me, So is there any possibility that false case of 498 may be registered as a counter of divorce.
I never ill-behaved with my wife, so is there any possibility she may go for false DV act aganst me. She wanted to live with her rich parents. If law has given power to women, so where is the scope for me. Should i sit idle and blaim my self that i decided to marry. I can't spend my life alone, on the other hand if a file for divorce, there is great possibility that she can go for 498 or DV act against me.
I am very confused at this stage. How i should get rid of my wife?
Rohan
