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Aneesh Trivedi (Advocate)     03 January 2015

Divorce case

Wife applied for divorce since one year ago , summones / notices not issued/taken by husband,

Publication order is given to wife before six moths but she again sending the notices since last few dates she neither send notice/summons nor going for publication or for any furthur action.

the questions is :

[1] Upto when the case will remain in court like giving dates and dates will it stop by dismissinb application , when it get stop?

[2] why the wife or wife advocate is doing like that what they will get by such unnecceesary act?

[3] is there any conspiracy/game behind such ?


 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     03 January 2015

It may be that your wife may no longer be interested in persuing the divorce.

It is the discretion of the court how much time the court will grant her for takiing appropriate steps before dismissing the case.

You can appear in the case without waiting for the summons if you want.

Aneesh Trivedi (Advocate)     04 January 2015

@Adv Archana

Madam you are correct here she is not interested in divorce, but she is egoestic she had taken some foolish stelps like to take her all things from my house and living with her mother , after that i call her 20 -30 times she use abusive language , and every time says i want divorce in fornt of public now since last two year i stop calling her, she use to post her pic with daughter and say we both are happy with each other etc etc , i didnot saw her since last two  years.

sec09 RCR was in my favor after stop calling her i applied for execution , the decision from lower court is not fully in our favor so we go to high court and she filed for divorce. but in her applicaiton the allegation are very light as i beat her abuse her just like husband and wife quarrel one allegation may be basis for divorce that i deserted her but in actul legal view i applied for execution notices sent to her she avoided to appear, now execution of sec09 is in high court so her that allegation that i deserted her is wiped out as court may direct her to appear in that case and pray that you want to live with him as she mentioned in her divorce applicaiton that she many time visit my home and i was not there so she left this shows her willingness to live but in real this is false she want me neel down now as per my Pshycology

she file 498A case that was false trial is going to start summons issued to her she is not appearing this time notices issued to SP and TI of her area. in this week hearing date is there,

I won sec09 so no harm to me like DV and 125.

i hava all  proof that her 498A was totally false [ she just copy past the complete FIR in her written statement of section 09 case and decision come in my favor that husband never harrased her mentally and physically she is ordered to live with husband ]

fir is in aug09 written satetemnt she gave in Jan 10 and case decided in feb 10 so in short District lady judge gave judgement of both.

to get appear my self without waiting summons

in this regard i want to say as her 498A was false and it is said that till 498A will not finished dont let other party be freed as she will be free and enjoy life and we mover make round court for years so i am not in a mood to give her divorce till 498a will not finished it is fight of my self respect and honour.

i am not in mood to give her divorce on her conditions i gave her diovrce on the basis of cruelty and all counter cases against her false 498A.

after child custody i file for divorce..........................

so small ego ,not adjusting nature, abusive language , non discussing the thing, in this way come to an end

it is very petty that without any solid reason withuout any huge quarrel without any fight  one egoestic wife just destryoing a happy family.

yes it always takes two hands to clap i may be in fault even say by 1% but this fault can be ignored as i say sorry to her for all what i does and does not.

and if did something wrong then it will be Irritation and beyound digest of her word and deeds.

she is also educated lady so she knows what happen after divorce as she have no fahter no brother she have to look after 65 yrs old mother, 3 yr old daughter and two younger sister she is threatning me by filing cases but this is not a way to force husband to surrender,,, god have given us a chance she sent me jail in aug09 and still i call her she lived with me one and half year gave birth to girl child within 20 days of delivery she plan to seprate and left..

she have two yonger sister one is 30 yrs unmarried and othere is 20 yrs unmarried...

so madam you may be correct she dont want to give me divorce but then why she is doing like this? court never spare anybody neither me nor her we are wasting our golden time my child deprived by our affection and love....

what shuld be done for such cruel ladies ? no wonder soon any bad news we heard in TV or news paper? because wrong paths never took us to our desired destinations..

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