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Indian Citizen (Associate)     01 August 2011

Divorce : please advise

Dear members:

The subject's wife lodges a complaint case (498a, 504, 506,3/4 etc) against her husband & in-laws at local court,UP. Since no FIR , or chargesheet made, the wife never allowed any summons to reach husband residing in Delhi.Finally when NBWs were issued, husband appealed to Albd High court & matter referred to mediation & indirectly stay granted.

2 years later, wife files for Divorce u/s 13 (on grounds of cruelty). Husband submits a counterclaim (u/s 23 a HMA) agreeing her plea (to accept divorce) if wife agrees to pull off the criminal cases against him & his family.Wife doesnot agree to this and next date of hearing is scheduled a week after.

What next?? Can judge pronoune decree & set aside the conditions or will he refer the matter to mediation.

Note: Husband resides 1000 kms away, & cannot visit local court so frequently. Also he has been threated with dire consequences by wife if he visits there. Husband already mentioned in counter claim to be provided with police protection, but no comments from Honorable Judge.



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