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dev kohli (dealer)     16 June 2011

498a, 307

in  jan 2008 i got married in Noida,that time,she was doing masters frm mumbai, i use to go there and c used to come here(Noida) when ever we get time. june 09, she finaly came to my place and use to fight with me and my parents. left my home in feb 2010 while pregnant. i got a notice frm National Women commision in may 2010.i filed sec 9 of HMA. she came to court and accepted to go with me. next day filed a case under sec 498a, 307 against me and my family member. we got stay arrest frm high court. matter is reffered to mediation centre. she want divorce and we came to know that she wants to marry some other guy, with whom she is openly moving here and there now.i dont want to give her divorce. we came to now that she aborted the baby and we filled a case under PNDT act. plz suggest how can i teach her a lesson and also ppl who r helping her.



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 5 Replies

Rajender Dahiya (Partner/Advocate)     16 June 2011

Please contest the divorce petition properly and if required hire a detective agency to disclose her relation with other guy. Detective will collect all the possible evidences to place before the court. But prior to all these please check on the basis of divorce petition filed by her. A proper and concrete rebuttal should be given for those allegations put in the divorce petition.

 

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Sanjeev (Lawyer)     16 June 2011

what is the status of your mediation at Allahabad Mediation Centre did you appear there and what is the result of mediation?. Mediation centre is the best place to settle disputes at Allahabad and your stay of arrest also depends on mediation centre results so first confirm whats the status of mediation.

dev kohli (dealer)     17 June 2011

Dear Sanjeev sir. thanx for ur reply. i have so far not appeared b4 the mediation centre. i just want to know--

1. what if i dont appear b4 mediation centre?

2. what if she asks for mutual divorce at mediation centre?

3. i dont want to give her MD?

4. what if mediation failes?

plz reply. thanks a lot.

dev kohli (dealer)     17 June 2011

Dear Sir.

 thanx for ur reply. so far she has not filed divorce. they are forcing us for MD at mediation centre. what to do now? at the same time, i want to know what if mediation fails? will it impact on our stay arrest?? what should be our step now. once her father send some money in my father's  bank account at the time of marriage. and secondaly, she got an injury report that is simple in nature from government hospital at the time of filing FIR.

i just want to protect my family and teach her a lesson. plz guide me. thanks a lot.

Sanjeev (Lawyer)     17 June 2011

if you miss appearing at the mediation centre the mediation centre will treat it as default and send the case back to the court where it will be listed and your stay of arrest may be vacated. The vacation of stay of arrest will land you in trouble as you dont know the bail for the main accused in 498A charge is difficult so you will have to take directions from Allahabad HC - which will give you a order that the magistrate shall grant you Interim bail on first appearence and final bail application shall be decided thereafter.

Dont take mediation lightly - its the base for your stay of arrest. You can check the mediation date at the Allahabad Mediation centre by calling @ 0532-2423865 Mr Vijay Singh is the centre incharge you can tell the Criminal writ petition number and check whats the date or in case case has been sent back due to your non appearence.

The case status can be checked at the link below:

https://allahabadhighcourt.in/casestatus/inputTNYA.html?G=17

See remember there is no benefit of lingering this on if she needs divorce agree for that and in return she will take this case back. The anger that you have now will not benefit you and you will realise later. if your wife dont want to live with you let her go and you start afresh instead of loosing time for seeking revenge.

The mediation centre only offers three options:

1. You agree to stay together.

2. You take divorce and settle any alimony.

3. Mediation fails and you come back seek bail and fight out here in local courts.

First Check your mediation stage and then will advise the next steps as future steps depends on the mediation stage. You still did not make it clear that whether you appeared for mediation once or not and if the case has been sent back to court for your non appearence. If you are not sure check on this number.

I am not sure if the mediation centre works at this time as Allahabad High court is off these days but you can try. Dont take mediation lightly else be ready for bail for yourself and all members charged.

 


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