Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

mamrav1234 (manager)     23 November 2013

Can end of 498a affect divorce case

Dear Sir,

I am Raj from UP. I got divorce in my favor this year March. Then she moved to Allahabad high court agaisnt this order. This case is pending there. They had several other cases also agaisnt me like 498-a , 313 , 506 etc etc. and recently their advocate approcahed me and said " that lady and her family members are not willing to fight this criinal case in lower court and wants to finish all that. I said ok and then her advocate made her hostile in the court and all criminal charges came to an end in just a day time. It was agaisnt me , my mother and father.

while tuning hostile , she took all her complaints back and also admitted that divorce has already been granted by loer court. She also said that this all heppened as i was not a good person , used to drink etc etc and then family and society pressure pressurised me to file these farud cases.

Now me and my parents are free.

My question here is - will this settlement effect the divorce case oending in HC ? would i have an edge agaisnt her in HC? or she would have edge on me? someone told me that this case will help me in HC divorce case.

I am totally confused as i am thinking that HC will find that lady has changed and taken her case back so let them unite?

Please help

Raj


 



Learning

 8 Replies

mamrav1234 (manager)     23 November 2013

please please reply...special request to all of you...

Aakanksha (HR)     23 November 2013

Dear Raj,

Why dont you give her a chance?

Laxmi Kant Joshi (Advocate )     23 November 2013

raj you are in advantage side , hostile in the lower court shows that her malafide intention to drag you into false cases and make your life ruin , collect all the attested certified copies from the concern court and exhibit them before the high court and show the cruelty made by your wife by filing the false criminal cases upon you. if you don't want to cohabit with her then don't do compromise with her evenafter courts tries so , clearly refuse in the court that you don't want her back you want divorce .

mamrav1234 (manager)     23 November 2013

Dear Aakanshaka- Thanks for your reply. but now living together is something which is beyond imaginations and possibilities. Things have been so bad in the past that reunion in this birth is not possible at all.

Thanks for your kind concern...

mamrav1234 (manager)     23 November 2013

Dear Joshi Sir,

Thanks for your reply.

Your reply has given me lots of confidence now. You have cleared all my doubts also. just tell me one thing- suppose she now goes to the HC and says to Judge - " i am very sorry for all my actions against my husband and his parents. i have also taken all criminal cases back and now i want to live with him". then what will happen. Infact i got divorce on the basis of cruelty which includes - jail to my parents , false and fraud allegations agaisnst me and much more.

can judge of HC go in her favor while rejecting lower court decision in this case ?

eagerly waiting for your reply.

Regards

LegalJohnDoe (Counsel)     23 November 2013

Dear Raj

The fact that you have managed to obtain a divorce from your wife and don't have any more pending cases against you in the court makes you free of all obligations to your ex - wife and her family. Even if she says that she wants to come back, you can simply say no since you are not a married couple anymore

Regards

mamrav1234 (manager)     23 November 2013

Thanks a lot sir. This is absolutely fine with me now.

I will talk to my lawyer and move accordingly.

Thanks again and Regards

Reformist !!! (Other)     27 November 2013

NO way ,never ever think of taking her back as adviced by Akanksha. Its like taking snake back and feeding her again.

This incident of turning hostile will help you , as you can even say that cases were false and this was an act of extreme mental cruelty on you. HC will give u divorce in ur favour. I am pretty sure on this.Btw which HC is this ?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading