LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Divorce case:please reply..urgent

Dear Experts

i think i have done a very big mistake...... my hubby has filed divorce on the grounds of desertion and cruelty.....i have contacted my hubby many times on messgaes/emails for reconciliation.....but in return he said that he has a girlfriend....he is involved somewhere else...etc..etc....he even threatened me that he will kill me.....i have all the messages....on the other hand under divorce case..both of us were called for counselling.....we discussed our issues.....i asked my hubby whether he is having a girlfriend or a physical relation outside marriage....he said that yes sometimes he gets involved physically..then later he said he is kidding..no relations.....then in a joking way i said that even i have many guy friends with whom i get involved physically.....just to tell him that am also chilling in my life i said that why would i confine myself....i too have physical relations...... now later my hubby messaged me "tum apavitra ho gayi ho" to which i replied that "no..am pure..i have only slept with you"....then he messaged "the way you said things today..it seems you are lying..and that you must be having physical relations" i said "no..am not having physical relations...."

my query is am worried..i think my hubby must have recorded all the conversation in the mediation....will that go against me ?? also what about the messages that i exchanged with him.....will that go against me ?? does that shows that am characterless?



Learning

 14 Replies

Anish Thakur 7018812737 (advocate)     10 September 2012

if he had taken the ground of cruelity and dessertion so this is no where going against you howver the messages / mails and recorded conversations can be taken as electronic evidences during thetrial but in concilition you dnt have to worry about this as concillation is a attemp for the making of your relations better outside the court so that marriage can be saved.feel free to call if you have left any query.

minsal (Jr. Advocate)     10 September 2012

i think you may be in trouble if your husband produce it before the court of law.


(Guest)

Yes he can use that if he recorded this.
 But it seems difficult because all proceeding done before Mediation.

Feel free about this and take step for mediation. This will save your matrimonial life.

Democratic Indian (n/a)     10 September 2012

my hubby has filed divorce on the grounds of desertion and cruelty.....

Desertion and cruelty will have to be proved in court. The main question is what do you want? Divorce or no divorce. The lawyers will guide you accordingly. But as per my personal experience, when family matters which should get resolved amicably, once reach courts the reconcilliation is very rare occurance.

i have contacted my hubby many times on messgaes/emails for reconciliation.....but in return he said that he has a girlfriend....he is involved somewhere else...etc..etc....he even threatened me that he will kill me.....i have all the messages....

These messages tell that you are not deserting or doing cruelty. Instead he is not interested to live with you and doing not only cruelty by saying he has a girlfriend for the same purpose but also threatening to kill you which in itself is a crime under law. It shows that you are deserted and being subjected to cruelty and threats to life. Keep these messages safely with you. If they are in form of emails or SMS then keep them as they are in the inbox of your email account or mobile phone. Do not delete them though you can make more copies of the same.

both of us were called for counselling.....we discussed our issues.....i asked my hubby whether he is having a girlfriend or a physical relation outside marriage....he said that yes sometimes he gets involved physically..then later he said he is kidding..no relations.....then in a joking way i said that even i have many guy friends with whom i get involved physically.....just to tell him that am also chilling in my life i said that why would i confine myself....i too have physical relations......

Where is the problem? He joked and you also joked in return? You can always argue that he originally spoke the truth but as an after thought, only to cover up the truth said that he was joking. Only mistake on your part is that you fell into the clever trick and started saying what he wanted you to say. Anyways you later clarified when you said the following:

now later my hubby messaged me "tum apavitra ho gayi ho" to which i replied that "no..am pure..i have only slept with you"....then he messaged "the way you said things today..it seems you are lying..and that you must be having physical relations" i said "no..am not having physical relations...."

Keep these messages safe with you.

1 Like

Ranee....... (NA)     10 September 2012

Keep all messages saved.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     10 September 2012

Marriage is sharing the feeling, responsiblities, and childbearing. It sounds like you are a small child asking this question. you need to go back and do your homework. marriage will come when you hit 18 or older. You have plenty of time to think about it.

rajiv_lodha (zz)     11 September 2012

Concentrate on the real problem b/w u....................these court matters do not carry anybody to a logical end. If the husband wants to get rid of the relationship by filing a divorce, at the most what can wife do................contest the divorce. Even if his divorce decree falls, it takes ages+add up appeal time in HC & SC. Even after that no court will force him to accept u into his life. Such wife can get maintenence amm + residence from the hubby ony.

See...........he is making lame excuses during mediation just to end the relationship. Rather than contesting a long fruitless n humiliating battle, address the problem head-on. Find out the real trouble b/w u, for what he is so annoyed as to severe the relationship. If the problem is repairable, then take corrective measures immediately. More & more court_police involvement wil mar the relationship 4ever.

If the problem is irrepairable or he is die hard to end the relationship then discuss MCD wid him.

Rest is ur call

1 Like

(Guest)

Thanks to all of the above for responding and guiding me.......

panchal (BA)     16 September 2012

hi i have a query as i have completed all three counselling sessions but things dint work between me and my husband. he is not ready to take me home and has taken around 3L from me as my salary. we are living separate since 10 months. pls let me know can he ask for one sided divorce from court.

rajiv_lodha (zz)     16 September 2012

Nobody can ask "ONE SIDED DIVORCE" from court, dear!

Post details of cases going b/w u! What do u want from him exactly, what is his version?

panchal (BA)     19 September 2012

hi,

i want him to take me along. to give u a brief..i got married in feb'11. after marriage my husband started harassing and toturing me regarding my past (Past: in yr 2008, i got engaged to a guy whom i knew for 4 yrs and after 2 months of engagement, he expired in a road accident.) all these was already told to my inlaws and husband well before marriage. but now they are putting wrong allegations on me on having physical relations with that guy and deserted me. they even took my salary of 3Lakhs. suggest me what should i do now to get him back.

MOHAMMED JAHANGIR ALI (AGENT)     19 September 2012

Dear Friends I want to Live Her  With Insulting  On her Face  Whta Lies  He Put  on my parents  The Pian My parents  Faced  Because of  my wife  Plz  Give  the  feed back


Attached File : 63106575 personal ali.pdf downloaded: 110 times

rajiv_lodha (zz)     22 September 2012

Originally posted by : panchal

hi,

i want him to take me along. to give u a brief..i got married in feb'11. after marriage my husband started harassing and toturing me regarding my past (Past: in yr 2008, i got engaged to a guy whom i knew for 4 yrs and after 2 months of engagement, he expired in a road accident.) all these was already told to my inlaws and husband well before marriage. but now they are putting wrong allegations on me on having physical relations with that guy and deserted me. they even took my salary of 3Lakhs. suggest me what should i do now to get him back.

@ Panchal!

Assuming that u r revealing truth, & say that u want to pull along, following is the advise, take it if u like it

1) Nobody can force a non-willing spouse to live with u. So the underlying point is NON-WILLING. U remained in his relation for quite long time as wife................so u know better WHAT IS THE REAL CAUSE OF HIS ANNOYENCE. U WANT TO SAVE THE MARRIAGE SINGLE-HANDEDLY, SO BE PREPARED MENTLY TO COMPROMISE SOMEWHAT MORE TAHN REQUIRED.................TO GAIN HARMONY.

Take the help of elders n respectables from both sides & find out a compromise formula. If possible make him agree fro marriage councelling.

Believe me, this is the best salvaging method. If the terms put by him are acceptable 2 u go ahead.

OR

2) File Domestic voilence case narrating all the real causes & the reliefs u want, To cut short, u may get maint amm, residential rights, other protection orders on the merits of the case.

Sudhir Kumar, Advocate (Advocate)     08 June 2013

@panchal okease comeon your own thread


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register