Need help in divorce pitition modification....

Thanks autohide....

But she went to her house and did some false allegations..on me and my family.

We stayed separately since marriage, never stayed with my family .

I Try to bring back her with help of relatives, well wisher and elders. I also complained in our elder socity and try to bring back her multiple times. She said she is not interested to comeback infront of the elders. So the society gave a letter stating that girl is not interested to join with me.

I am not excpecting any short cut... I want to resolve issue amicably.

I requested my wife..dont file any cases. we can sit and discuss the issue. 

filing case will be the waste of time and money for both of us.

But she did not listen and not even accepted for counselling.

fir got filed with out any counselling....

 

Thanks

vij .

 

Mutual consent divorce is solution for ur problem.

Always think positive. It's only your friend experience. Every one has different experience. Short cut you both sit together and go MCD otherwise you have already file divorce case dnt withdraw it. Dnt think negative if you loose case from one court you can appeal in higher court. Till that if you win 498a it can also help you in getting divorce.

Originally posted by : autohide147
	Desertion is not only about time, you have to prove intention.

No, there is no need to prove intention for desertion. Marriage is an institutuon and both parties are bound to uphold it. The intention of the deserter is of little significance to court. The court is here to:

1. Try to give a chance to both parties to settle and re-unite

2. Failing step 1, the court will decide whether to grant divorce or not. The reaosns behind cruelty and/or desertion is none of the courts business.

You don't seem to have any idea of what you're writing here. Your are providing wrong information.

Originally posted by : autohide147
	Hindu marriage is bond for seven consecutive lifetimes. There is no short cut.

This drivel is best left to saas bhahu serials. There is neither advice nor any sense in that statement.

Originally posted by : autohide147
	You can say your story. She will say in court is that you tortured her for dowry and she had no option but to leave and file the cases. Judge will do face palm and keep giving dates.  Old Monk is solution to your problem.

His wife can say whatever she wants for leaving him. But she has to prove them. The reason for filing case has to be stated. Her false allegations needs to have merit and proof. Just stating that she filed case is not proof. Reasons must be provided.

Are you here for trolling? The solution to your trolling is finishing a bottle of Old Monk yourself and leave the forum alone from your pointless drivel. Your posts are not informative and complete and absolute nonsense.

Originally posted by : vij
	1. I got divorce file no 5 days back. I dont know, Whether Summons reached to my wife are not? Can I stop the summons and withdrawthe divorce petition? 2.If she receive the summons can I withdrawthe divorce petition. What will be issue for me If I withdraw the pition after receiving the summons to my wife.

Why do you want to withdraw the petition? I'm not sure but there should not be any adverse inference drawn from the act of withdrawing it. It only helps your wife to strenghten her case.

File on the basis of cruelty. However you have not mentioned what cruelty she has committed to you. It has to be more than disagreements/arguments. Depending on the actual cruelty committed to you and her reasons for living apart from you, the case for divorce will merit proof.

Since your wife has not yet filed for divorce, she wants to claim an upper hand by filing a 498A case against you. However you must realise that once cases are filed, the chances of reuniting are very much remote. Even if you do patch up, there are chances she will file further cases later on.

Your decision to file for divorce is correct. Only your lawyer knows the complete story between you and he can advise you the correct approach.

 

Thanks Innocenthusband..for the explanation and understand the pain of husbands.

Before filing the cases she spread rumor like Im impotent. But in the complaint she mentioned that I have illicit affair with another lady and also my own sister. In 498a ,DVC she include My brother, sister and mother. 

Which is good option to solve issue. 

1.Apply for  Quash in HC.

Lawyer suggested we can go for quash for family members for 498a and DVC. Lawyer said for quash also take around 2 years. Will quash will take that much time for family members?

.

Lawyer said first you will get stay until the opposite person respands. If opposite person did not respand. What will happen? How long will it stay?

 

2.Go with trial from the lower court

3. Divorce filed on grounds of cruelity and desertion. I want to withdraw the petition and file when she come for MCD. Because normal case it will take many years.

What reason I should mention while withdrawing petition?

 

4. If Stay happend in DVC in HC. still maintance is provided OR maintance will be given only when  stay is vacated( she did engineering and did job before marraige. No children)?

Thanks

vij 

Case by Case.

1) 498A. All whom accused in the case need to be reach out to CAW or Police station. There may be exception to all to be present. Better go with stregnth and a lawyer. Receive a copy of charge sheet and reply to same in a methodical manner. Winning this case is vital for future. Since supreme court ruling, this act has lost its' potency. ut it still time consuming and running from pillar to pillar. Police needs to send report to court to take decision. If they find out nothing against you then they will do so. Avoid bribe . Fight on merit

2) DVA is quasi criminal. Again fight on merits. You can take dates after dates and run this ground. If charges are similar with 498A then you can write in plea about same. If kid exist then you can cliam visitation rights. and so on. This is legal battle. Fight with a lawyer . But plan.

3) Maitainance is easiest of all. Depends how far you want to go. Usually it is prudent to give some money until cases are over. It may help you in negotiating further. At all time door to Mutual should be kept open.

4) At this moment divorce case is weak. Irrespective of what innocenthusband said, confrontation in all cases would be difficult to maintain.You should confront 498a, play DVA, keep going with 125 and then close it with divorce. Factum of separation and animus deserendi is must to for Divorce. But yes. Cruelty can be proven. If you have records. But lay rest on divorce. Date dates . Withdrawing might show weak hand.

Win 498a atleast to extent that police finds nothing against you. Then you can turnit in divorce case. And let DV die on its own after divorce. Revisit maintainance after divorce. Only problem will be property attached of you loose.

There are many 498a fighters on this site. Visit those threads. Learn and fight

 

 

498 A you can fight and win if there is persistance to exhaust the other side.

 

In divorce applications many wild allegations are made and may even be true but can not be proved so other side can vitiate the normal approach of courts against you.

 

DV is not simple as most people think or suggest. It is most draconian law and its effects are for longer period. Recent judgments of SC are in favour of woman. Iterim orders given under DV act given by lower court are now sustained.

 

So do not remain in false hopes and earlier judgments of some high courts  that you can quash it or can get the names of respondents removed .  YOU HAVE TO FACE TRIAL.

 

The legal way with expert legal help is to raise technical objections at lower court, how it can be done can be suggested based on case details.

Originally posted by : vij
	Thanks Innocenthusband..for the explanation and understand the pain of husbands. Before filing the cases she spread rumor like Im impotent. But in the complaint she mentioned that I have illicit affair with another lady and also my own sister. In 498a ,DVC she include My brother, sister and mother.  Which is good option to solve issue.  1.Apply for  Quash in HC. Lawyer suggested we can go for quash for family members for 498a and DVC. Lawyer said for quash also take around 2 years. Will quash will take that much time for family members? . Lawyer said first you will get stay until the opposite person respands. If opposite person did not respand. What will happen? How long will it stay?   2.Go with trial from the lower court 3. Divorce filed on grounds of cruelity and desertion. I want to withdraw the petition and file when she come for MCD. Because normal case it will take many years. What reason I should mention while withdrawing petition?   4. If Stay happend in DVC in HC. still maintance is provided OR maintance will be given only when  stay is vacated( she did engineering and did job before marraige. No children)? Thanks vij

1. If your lawyer has suggested quashing, then you are very lucky. Thats becuase her 498A has no reasonable grounds under which it can be enforced. However it does not take 2 years like he said, it takes under 3 months - the court studies her application and if found to be meritless will quash. Please confirm with other lawyers, or some lawyer here can confirm it. I believe you have already applied for bail? Please apply for bail first and then apply for quashing. In my case I did not await the response of my wife, I simply applied for bail and got it immediately. 

2. Depends on outcome of quashing. If not quashed the trial is mandatory. Whether she appears for all cases is another question. Most of them skip as they have nothing that can be proved and might get caught under cross questioning.

3. File for divorce first, immediately on the basis of cruelty. Desertion requires minimum period of 2 years to have passed (to be confirmed by lawyers). You can withdraw it anytime you want when she comes for MCD. There are cases where there is no response and nobody responds for MCD. Put pressure by first applying for divorce. They will come for MCD if you get 498A quashed, that is for sure. As said earlier, do not withdraw at any time. The court must not draw adverse inference.

4. Maintenance takes at least 6 months after 498A etc to be decided. Wait until it is decided.