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shrikant v. sathe (retired)     23 February 2011

Case against ex -wife for the cause of social loss and death

Sir,

      I had already taken ex-party dirvorce from my wife.She had eloped with her 45 years old bhondubaba boyfriend.She is now 50 years old.Our family ran smoothly till 2004 but when she cme in contact with this bhondubaba all things went wrong.. She is astrologer.She mainly and that bhondubaba subordinately ruined my familyhood.By this behaviour of my ex-wife  my mother died in april 2006,after first instance of her eloping had happened that is within 6 months.Inthat 6 months she eloped twice that is in 1.50 month in sept2005 and jan 06 to july 2006.When,after sheliing too much both remained pocket empty,and returned to Pune. and after that she eloped again on 10/3/2007.Her mother and I onbehalf of my son had given missing complaint.Because of her cruelty towards our family I have suffered huge public humiliation and death of my  mother.I want  to prosecute on her for those things which she had done to our family.Although I had taken a dirvorce on 2007 can I lodge a case in 2010. It is becomming harzardours aslo to arrange a marriage of my daughter because of her mother.s behaviour.



Learning

 3 Replies

Tajobsindia (Senior Partner )     23 February 2011

@ Autour

1.
Now that divorce has confirmed means no appeal she filed till date on any after thought grounds so what purpose it will cause of action upon her to institute a defamation and damages case now ! Nothing other than satisfaction of a 'family hood' ego now on a roller coaster trip. Forget her and march ahead.


2.
In my opinion the limitation period is a bar to even institute such two cases unless you show a good cause and for the same I am open for correction if any. Also re. recent Mumbai HC Judgment where husband after filed for perjury and asked for damage cost against her now married wife which was rejected by your (you form Pune) Appellate HC stating "since both parties now married and having respective children no useful purpose will be served....etc. etc." It is there in one of the post you may refer to this mint fresh Judgment to your satisfaction.


3.
If she has been having no contact with you and your children who are with you all these days then why give her a entry to your side now that daughter is getting married off? If daughter marriage is to be done then before seeking your divorce you should have waited till daughter's marriage completed if social stigma and or some social issues you foresee from your (now ex) wife side.


Flip all these and see other side of coin; In Marriage revenge and gunmanship may never work because it was at one point of time 'a personal' issue(s) of two grown up adults and till either spouse has not instituted a false criminal charges against another all these pre / post thoughts should be given a decent burial. Look at her life who at 50 years is leading still her life as a gypsy whereas you are left with certain unfinished responsibilities (get daughter married of)...etc. etc.


March forward ji………….past was past otherwise in year 2007 you should have filed damages and recovery read with defamation suits and by this year it would have been decided one way or the other not then plans to get married of your daughter are underway you are harping how to settle an unfinished agenda with ex WIFE…………


All the best and congratulations for initiating / thinking of your daughter’s marriage………….

1 Like

Jamai Of Law (propra)     23 February 2011

All people may not think in orthodox manners...And if they don't deserve to be your in-laws.

 

 

Concentrate on your daughter's career etc, support her and be with her in difficult times...Her shining career would make all other things insignificant...

 

 

Every guilty party has relatives, parents, kids....all those don't succmb under such stress, unless they don't mingle in the same stagnant/stinking surroundings...

 

 

Nobody has time ...............................except................. close relatives................ to 'keep scratching on the wounds which otherwise is about to heal'.

 

 

Be stronger than ever before. Time is a healer.

 

 

There is no strong legal provisions available in our  law (and your grounds as well) to have such a vindictive solace to your scars....

1 Like

What's in a name (Director )     23 February 2011

Jamai of Law , what a beautiful reply.

When parents would think more of daughters' career than thier marriage, they and daughters both would remain contented.

Daughters then would know how to cope with it all proactively and not submissively with head hung in shame at their parents' behaviour.


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