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latha   21 December 2017

Divorce case for the past 8 years

Dear All,

Iam new to this Forum,please give me replies for my big query.

Myself married to a person and lived with him for just 8 months and that also between some seperations.

my husband beated me and send me to my parents home at the time I was pregnant for 5 months.

after that more things happened to convince him and in laws too.

now my son is 10 yrs old and still now my husband didnt came to see him. he filed divorce case and the same was dismissed and i filed DV - that too got dismissed , but i leave it and didnt go for appeal.

but my husband again appealed against divorce dismissal that was running now in high court.

now my query is my husband wants divorce and myself and my son wants to rejoin with him.he is not accepting and trying to get settlement thru his councel. if i didnt accept the same what will happen?

will the court grant him divorce as he wants - based on long seperation (here long seperation is due to legal proceedings only and frequently i wrote letters to hubby asking for rejoining)

also my councel saying that court will grant him divorce in his favour as it was long time and your marriage tie was broken down, but my point i always wish to rejoin him and he is the person reason for seperation.

moreover my son suffering with some health issues and under treatment for the past 5 yrs , so his father is also liable to take care of him and need to support him right?

please clear me how to argue my case to get this appeal dismiss.

please learned councels and friends help me out tin this situation.

 



Learning

 30 Replies

nezil muhammed   21 December 2017

under which personal law have you married into !?
and mostly why would you want to rejoin with such a douche ? you can ask in court for alimony and maintanence for the treatment of your son.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     21 December 2017

you can ask in court for alimony and maintanence for the treatment of your son till the case is disposed off. Interim maintenance can be suggested. Meet your lawyer and file a petition for interim maintenance immediately.

 


(Guest)

Even uneducated woman or man comes to know court procedure just by asking who is standing next to him or her within few dates in famliy court.

How to ask alimony, how to ask custody all this are learnt by litigants only by observing how things go on in a family court.

This is at best a fake query by some husband who has been taking his wife for a ride or is unable to pay maintenance.

Todays woman know more about how to extract juice out of pulp (husband) even after his death, that is state of affairs in India.  

Learned advocates are learned?

1 Like

latha   22 December 2017

Dear All,

Thanks for posting replies to my query.

but please note that i dont want money and i never asked try to extract the same from him, i need just rejoining with him.

me , my husband and our son wants to live as 1 family.

kindly help me by posting some points and judgement in favout of me as a support for this appeal to get dismissed.

 

 

 

latha   22 December 2017

Dear Sir,

Nothing I hide.

 

latha   22 December 2017

Dear All,

Please clear me as below,

1.Husband filed for divorce - got dismissed

2.I filed for Dv for stay with him - got dismissed and i was given only rent saction by that court being it was a house of my FIL where my husband resides and i have no rights in in-laws house - after that i never gone for appeal against this and nor gone for any maintenance case.

3.husband file appeal against divorce case - now running CMA case and myself contesting the same.

4.If he got this divorce petition appeal dismissed whether he have provision to do appeal against this or this is the final.

5.meantime when myself not won this case means shall i have the provision for to go for appeal against that order...

if yes what are the provisions (both for husband and wife) please tell me.

Kumar Doab (FIN)     22 December 2017

Originally posted by : latha
Dear All,

Thanks for posting replies to my query.

but please note that i dont want money and i never asked try to extract the same from him, i need just rejoining with him.

me , my husband and our son wants to live as 1 family.

kindly help me by posting some points and judgement in favout of me as a support for this appeal to get dismissed.

 

 

 

You have posed that

“me , my husband and our son wants to live as 1 family.”

All of you have realized and rejoin.

Just inform the Presiding Officer.

If your lawyer is unwilling to wish of all concerned tell the Presiding Officer., without bothering for the lawyer.

 

Kumar Doab (FIN)     22 December 2017

Or change your lawyer.

latha   23 December 2017

Dear All,

My councel is asking me to accept for settlement (money) as my husband councel told that my husband wont accept to live with me.moreover this is CMA - APPEAL case against divorce dismissal in family court by husband and next appeal lies before Supreme court , so I am not suppose to move to Supreme court even if my husband appeal again not myself will go to SC for appeal.

Seperation for long years is because of litigation process only and I made attempt to go into the house where my husband lives , but my in-law gave a police complaint that we people are trying to do something harm and we people gone to P.stn and the given written statement that we just came to convince those people and hereafter we never do like that also.

I hope that time will change all the negatives and my husband will accept me and our son.

please give me suggestion what i can do in this situation.

Kumar Doab (FIN)     23 December 2017

Involve elders, well wishers, mediators…..again and attempt to reconcile.

Outside the courts settlement is amicable between litigating parties.

Kunuthur Srinivasa Reddy   24 December 2017

It is not clear to me as why and what made you file the petition against domestic violence if you and your son are seriously interested to join your husband.  You could have simply kept quite and ignored without moving the court irrespective of your husband's litigation for divorce as you are not inclined to claim for maintenance from your husband. 

Kunuthur Srinivasa Reddy   25 December 2017

It is impossible to prove desertion. She should stand firm to join her husband wth her child. That is all and nothing else. Good Luck to Latha. Her husband will never get divorce.

Kunuthur Srinivasa Reddy   25 December 2017

It is impossible to prove desertion. She should stand firm to join her husband wth her child. That is all and nothing else. Good Luck to Latha. Her husband will never get divorce.

latha   26 December 2017

Dear Sir,

Thanks for your replies.

but please clear me whether it is possible for my husband to get divorce without prooving the allegations.

or simply if he told that he dont want to live with me or our son and give me divorce means , if the judge will give divorce in favour of him just accepting that and advising me?

clear me in appeal also he needs to prove to get some relief right? 

so he wont able to prove as there is no point of wrong on my side.its just a normal wear and tear subject that would happen in each and everybody lives and my in-laws made those as bigger issue.

no lady will left the house of the husband when she is pregnant for 5 months leaving all her belongings there itself even medical reports too.

just plz guide me.

 


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