LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Saurabh (Owner)     11 June 2012

Divorce case - pls help, am very confused

Dear members,

I got married in Dec 2010 and lived together till Feb-11 post which she went home and didn't want to come back. After much effort and persuasion, she finally came back in Jun-11 but wanted to go back within a week's time...and we ensured that she was dropped home safely.

I filed a RCR case against her under Sec. 9 in Jul-11 as i didn't see any other way she would come back. She never appeared before the courts on any of the cases. We tried to sort out the matter mutually through some relatives in October, but the girls family had different plans. 

In feb-11, they made a complaint against my entire family for demanding dowry, domestic voilence and that she wanted to come back. The CO who called us pressuried us a lot for taking her back home but now we don't want to and were ready for our arrest if that was the case. 

My lawyer in Noida suggested that we withdraw the sec 9 case and file a case for divorce now which we have initiated. However, another lawyer from my native place said that instead you should have got that case gazzeted and then moved to high court for divorce. However, cannot be done now as the case os withdrawn. 

Now the girls family has moved the investigation to their native place and are filing case under 498A, 323, 3/4, etc. The lawyer (Native place) suggests that we get a stay on the arrests and appeal for the case to be moved into the mediation cell while the one in noida says that no need to do it as it would not be beneficial.

I would like to get free from this mess quickly as it has had an impact on my job and had to leave it due to leaves. Can anyone suggest what should be my next step? Any help would be appreciated.

Regards

Saurabh



 2 Replies

Guest (Guest)     11 June 2012

You should never have filed RCR. No court can coerce the wife to live with her husband when she doesn't want to. In fact, a divorce case from your side before she filed the complaints, could have helped. File for divorce now on the ground of mental cruelty and apply for anticipatory bail immediately to ensure that you don't have to go to jail. Also, move HC for quash if there is sufficient basis.

Saurabh (Owner)     11 June 2012

Thanks for the prompt reply. 

initially, I files for RCR coz she kept saying i want to live with you which she is saying now also. However, i cannot apply for an anticipatory bail in UP due some laws.

I dont think we can go for quashing as they have made up 2-3 false witnesses who are saying we asked for it. therefore, i have 3 questions majorly:

1) will it be beneficial if we shift the case to the mediation cell?

2) I am jobless right now and don't have any share of property in my name. Will she still be eligible for the share of property as was in news a few days back.

3) Can i somehow ensure that there are no arrests of my parents and brother and limits it to me only and not anybody else. or better yet if there is a way to avoid arrests totally.

Regards

Saurabh


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register