Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

help_divorce (SC)     27 August 2011

Advice required

My story is as follows

1) I got married in 2006. I have a son out of my wedlock, he was born in 2008.

2) Last year I had met with a minor accident and fractured my hand/leg in the process. My wife used to stay with her parents on the pretext that she needed her parents help to look after the kid. During the period I was immobilized, my wife continued to stay at her parents place and didnt respond to my pleas to come the marital home to look after me. I was frustrated and send her few sms's stating that she neednt return to the marital home as she was not helping me when  I required her the most. I had send those sms's out of frustration and didnt have any intentions to go for divorce.

3) After that incident she took away all her belongings and filed for divorce after a month. I apologized to her and made several requests asking her to return, but she never came back. There has been much progress on the divorce case and all counselling sessions have failed as she says that she is no longer interested in leading a life with me.

4) Few months she also filed a 498a case. Now she and her lawyer are threatening that they will be filing a DV case against me, if I dont accept their terms and conditions for a mutual divorce.

What are the implications of the SMS I had send? Does that SMS prove that I was cruel and I had tortued her mentally?



Learning

 4 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     27 August 2011

Laws are gender biased be cool and try to collecte evidence against the opponent.

Advocate M.Bhadra   27 August 2011

You may be victim of misuse of sec.498a IPC and D.V. Act.,though D.V. does not lie in this situation,your wife may file a maintenance case also.However,  if you like to live further with your wife you may file a suit for Restitution Of Conjugal Right,otherwise you should agree for mutual consent divorce.

help_divorce (SC)     27 August 2011

When you say "though D.V. does not lie in this situation", do you state that she has creditable proof to prove that I am gulty of domestic violence?

When I was sick, I was looking forward for help from her, but she ignored me and continued to stay with her parents? Are few SMS send out of frustration enough to nail me?

AAK (Advocate)     27 August 2011

unfortunetly our most of the laws are in favour of women... (there is much need of law to protect a man from false cases). so she will opt all the available weapons against you. so far the question of SMS is concerned, only on the basis of the sms what you stated, the cruelty cannot be proved.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register