MUKESH DABGAR 22 February 2024

Suggestion for withdrawal of divorce case...

Respected Sir,

I have posted my query regarding Divorce Case earlier and after getting worthy suggestions now i m in need some more valuable suggestion. Thats why i m posting the brief of my case plz..

1. Sir I filed Divorce case u/s 13 (a) (contested ) on the ground of cruelty in my X city Family Court in July/2021 and she filed DOWRY CASE in 02/2022 by FIR 498 A , 406 in her City Y Mahila Thana against me, my old age mother and my married sister. Names of my Mother and sister was removed during the investigation and chargesheet was filed against ME only in 04/2022 . after that she filed Divorce Case Transfer Petition in High Court form my city X family court to her city family Court Y but still i have got notices form the high court but i m regularly following up the status of case through website and at present it is pending at the stage of transfer case - notice incomplete/service. She filed reply of my Divorce case in 05/2022 and now there is Stay in the case. bcoz transfer petition is pending.

As she filed DOWRY CASE in FIR 498A, 406 , and other cases like Maintenance u/s 125 and Domestic Violence Case etc and she regularly saying in the court that She want to live with me and come back to me but NEVER GIVEN IN WRITTING BEFORE COURT and its just their clever mind trick to go back and entered into my home so furthr she can get much more evidence and harm me in a great manner as it is their family tradition also . so i dont want back her and i WANT DIVORCE. but she FILED ALL ABOVE CASES AFTER MY DIVORCE CASE AND AFTER FILING THESE ABOVE CASES SHE FILED REPLY OF MY DIVORCE CASE AND NOW ITS STAYED BEFORE HIGH COURT IN TRANSFER PETITON BUT I HAVE NOT RECEIVED NOTICE TILL DATE.

NOW I WANT TO GET UR SUGGESTIONS PLZ...

1. AS she filed all criminal cases against me after filing of my Divorce Case, can these cases will be helpful for me as CRUELTY on me and my old age mother as she blamed me my mother and married sister for DOWRY and names of my mother and sister were removed. Will these criminal cases be an ADDITIONAL EFFECTIVE GROUNDS for me as Cruelty on me and my family and supprt me to get DIVORCE.

2. She is regulary saying in the court that she want come back but not in writing before the court only saying by words to get sympathy of Court . Court will consider her oral statement or consider its an additonal cruelty on me. becoz chargsheet has been submitted before court.

3. If i withdraw my Divorce Case then and would like to file again with fresh application, can it be possible to include her criminal cases as harrasment on me.

2. Sir can it be possible to get Order from High Court from either Bench to withdraw silently (without notice of my wife ) so i can file new and Separate Fresh Application so that i can include her 498A, 406, and DV cases , Separation since last 3 Years , Maintenance Case u/s 125 and other cases. 3. I said silently becoz if she know about WITHDRAWL OF CASE she might entered my home coz they need any way to entered my home at any cost so that they can make any situation and go to Police with any Evidence just to send us Jail. as they need only one chance. becoz they dont have any evidence or real way of charge in FIR 498, 406, and DV CASe.

plz suggest me Sir,

thx and Regards

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7 Replies

T. Kalaiselvan, Advocate (Advocate) 22 February 2024

1. It will be helpful for you to challenge the false criminal cases accordingly but this will not constitute towads the fresh grounds of cruelty in the divorce case already filed by you because it is a subsequent development.

2. She can tell plenty of things before court only to avoid the court passing any adverse judgment against her, you don't worry about such flimsy issues, you remain firm on your decision to not to allow her inside your house.

3. Yes, you can do so.

4. You cannot withdraw the divorce case without informing her i.e., without serving a copy of the wittdrawal petition to her and without obtaining her consent .

The court will record her objections or consent before passing any order to permit you to withdraw the case.

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MUKESH DABGAR 22 February 2024

Thank you so much Respected Kalaiselvan Sir,,,

Sir i want to know that

( but this will not constitute towads the fresh grounds of cruelty in the divorce case already filed by you because it is a subsequent development.)

i want to get reply sir plz.......above

what arguments should be from my side to satisfy the court to consider this act as Cruelty on me. How i should submit before the court which will be in favour of my case coz its so dangerous for me and my old age mother to live with her at any cost. Bcoz such type of harrassment like to go to police station, get sympathy from any lay man is a normal behaviour for her and her family.

thx and regards to take your time sir,

T. Kalaiselvan, Advocate (Advocate) 22 February 2024

The court will not entertain or consider your arguments over the issues which were not pleaded in your original petition.

The events what you describe pertains to post filing of divorce case rather the subsequent developments.

Therefore you may have to confine to your original pleadings alone if you are reluctant to withdraw this and file a fresh case.

In the fresh case you have the opportunity to add more grounds namely desertion and various events to convince court about aggressive behavior and incidents of legally recognized acts of cruelty.

It's up to you to decide in furtherance

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MUKESH DABGAR 23 February 2024

Good Morning Respected Kalaiselvan Sir..

Thx for your support.

Sir I wanna to add more details that..

Definitely i filed Divorce case in 04/2021 and she filed all criminal cases subsequently in 04/2022 as it's their Traditions in Family and due to this I'm fear to see even her face or shadow coz their is not Peace of Life with that lady..

Now I wanna to tell that in reply of my Divorce Case she connected the only one Facts that DUE TO DOWRY DEMAND WE KICKED HER FROM OUR HOME. Their is not any other ground taken by her in reply. One and Only one Ground is DOWRY DEMAND. सिर्फ दहेज के लिए मेने उसको घर से निकाल दिया और सरकारी कर्मचारि होने से कम दहेज दिया इसलिए निकाल दिया। कुछ अन्य कारण जो कंसीडर नही किए जाने है।इसके अलावा कुछ भी नही है। It was my mistake not to approach to HIGH COURT FOR 482..

SIR, can this connected reply as DUE TO DOWRY DEMAND SHE LEFT MY HOME MEANS UTS ONLY REASON GIVEN BY HER IN FIR 498 A.. 406 and all Streedhan she had taken frm Mahila thana.. due to this I'm Facing false case 498 till now . As reply of DOWRY DEMAND is connected to my alredy filed Divorce Case.. can be helpful to my case plz.

Suggest me plz.

Thx sir bcoz I want to fight this case at any cost till Hon'ble Supreme Court..

Thx sir plz reply and provide me your contact number or any Expert contact number if it's possible.

Have a great day sir 🙏

T. Kalaiselvan, Advocate (Advocate) 24 February 2024

If you want to contact me, then you can send message through the PM option available in this website.

Hoiwever pleae note that you are in a confused state of mind now , hence better go through the replies given in the previous posts properly and if you still looking to be perplexed then you can contact me or any advocate of this forum or outside for second opinion, privately.

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MUKESH DABGAR 24 February 2024

Ok thanks Sir