Pl advice
Raj
(Querist) 31 December 2014
This query is : Resolved
Sir,
SLP against High court order for quashing of chargesheet has been filed in supreme court..The SCI has admited the petition on ground that petitioner must settle the dispute with the complainant( wifee of the petitioner)..20 cases are pending at various courts( 498-A/125/DV/340 Crpc/Dowry prohibtion/Divorce/child custody/Revisio ete etc)
Husband filed the RCR in 2009 but the wife refused to join and has been living separetely for 6 years
In Divorce mediation, the wife played tactics to join back husband and husband refused to and mediation failed
Now maater is before the SCI,,,Peitioner Husband has the apprehension that she will used the same tactics there..husband wants the divorce and will pay maiantenance to children and other expenses...what should husband do in such circusmstances if the wife used the same tactics before the supreme court as both parties internally believ that reconciliation at this atage is not possible..Wife only wants to harss the husband so that he could not live in peace???? Please help us in thsi regard..thanking you
Dr J C Vashista
(Expert) 31 December 2014
Since the husband has predetermined and pre-decided to have divorce, whatelse is left over.
The Supreme Court shall also refer the matter for mediation/reconcilliation.
Undoubtedly his wife shall play the harassment tactics hence he has to remain cool, cautious and tactful in achieving his aim.
Devajyoti Barman
(Expert) 31 December 2014
In mediation no tactics works if the other party refuses such proposal. So I do not see any reason for your concern.
Since the matter is sent to mediation make your point clear to mediator. If both of you agree then matter settles else the litigation will protract.
ajay sethi
(Expert) 31 December 2014
it should be your stand that you want an amicable settlement . that you are willing to pay maintenance for wife and kids .that no reconcilation is possible as wife has lodged over 20 cases against husband
T. Kalaiselvan, Advocate
(Expert) 01 January 2015
It is unbelievable that the wife has filed 20 cases against the husband (?)something is missing in this. If this slp for quashing the charge sheet is decided, whether all other 19 cases will be solved? Look for an amicable settlement instead of exaggerating the things.
Raj
(Querist) 02 January 2015
Sir..Thanks for support..I am saying 20 casea are pending which has been filed by both parties 2 ( including High courts, session courts, district courts of both states including revsiosn, transfer and others)..The SLP has been filed only against the interim order of the High Court ( 482 Crpc case which too has not disposed of in which the court has made exaggregated cost on the application without disposing of the petition on merits)..The SCI has admitted on grounds that petitioner is willing to settle the dispute with wife..NOW MY APPREHENSION IS THAT IF WIFE DELINED TO GO FOR COMPROMISE OR SAY THAT SHE IS INTERESTED TO JOIN HUSBAND..then what will be the fate of the SLP?..We are the unmarried brothers and sisters of the hsuband and has been in dileema and facing the menatl harssment for severla years..Please enlight the correct path
Raj
(Querist) 02 January 2015
eagerly waiting for reply sir
T. Kalaiselvan, Advocate
(Expert) 02 January 2015
If she is not agreeing for any efforts taken through mediation or court's intervention, then the case have to be contested or challenged on merits. Wait for the situation.
Surrender K Singal
(Expert) 02 January 2015
Better inform SC about the pending litigations you had gone through and pray for early decision.
