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(Guest)

Dv act case given stay, wife now files rcr

Respected Sir,

 

As I have informed in my prevoius questoins,

I filed for divorce in 2009, but then the proceedings of divorce case are yet to be done, judge kept postponing, meanwhile wife went and put DV act case against me and my parents, judge of the DV act caase took only one point into consideration that wife wants to go and live with me and my parents and failing if issue of warrant.  Warrant issued several times also in the absence of sitting judge, I am not staying with my parents so police came and search for me and see that I dont live with parents and sent report that I am not in with parents, so looking at me not with parents, judge pass order that wife be put whereever I am, I am living in friends room lots of guys friends stay in one place, there I also stay. 

 

We filed for appeal in session court, and session court allow our appeal and set aside the entire case and aslo gave warning to DV act judge that to give proper ordres in future, and not just only taking points what he wished, cos he never took our points into consideration and gave ex parte orders of placing wife in inlaws house.

 

My questoin is that, now as session court judge has given warining to the lowre cort judge, will lower cort judge start the case from the begening ? or will he dismiss the case?  If he start case from begening what will happen.  Will again warrant issue happen?

 

To top it, now wife file RCR petitoin in family court, what will bethe consequences of this, as I am not ready to take her back.  I also pay alimony every month.  Please suggest what to do now.. and the family court also has given date for evidence and cros examineation.  Shall we put the session court order to the family court? what effect it have on my case.

 

Pls advice give.

 

Thnanks in advance.



Learning

 5 Replies

rupesh (Engg)     03 August 2011

why you want divorce???


(Guest)

Rupesh sir,

 

Its a lenghty one to tell, the girl whom I marry was by arrange mariage and she did not want to marry me and her parents forced her to marry me and the result was that since day one of coming with me, first me took her to live in my parents house, she always kept quareling, shouting at my old parents, finding faults with little reasons, and threateining to give dowry case complaint, eat sleep, shout this mch she did and she went away for sometime to her parents house and did not come back, somehw I asked her to return, inspite of knowing that she dont like me, and she dont want to come back, now I had to make a seperate house as she already threaten me and my parents to put in jail by putting case on us, so made seperate rented home.

 

there also she not keep quiet.  she no prepare food, she no do hosehold work. All i onli do.  I spoke to her but she adamant. I spoke to her parents who pretended that they have given words of wisdom toher. Again one day she went telling that she watn to be with her parents for some time and did not return. meanwhile she  spread rumor that me hit her bbeat her so she dont want to come back.  but this time her parents were adamant, they wanted her to go bck to me and live with me somehow.  Now remem I took rent house, and was staying alone there while she had gone.  She dint come back nor did she show any signs of coming back.  and finally one day she said she wont come  back.  So I vacate that house.  Now after nearly 3 months she come back suddenly again back to my parents house and demand that she stay ther and that my parentss look after her or else she give complaint.  Now again me made one more rented house immediately, that was hell of a job. Again we shifted to new place.  By this time I had given up asking ehr to do things at home.  I barely used to spek.  I work in a company doing nite shift. That was another headache.  Now she started new song.  That me leave this job and get some other job or be ready to go to jail.  I told her cant.  Pls adjust.  Cnat get job new one so fast.  One day she call me while me at office. nite shift start at 930 she call me and tell she severely ill and that I come immediate.  I went home. See that she is perfectly fine.  Now she start screaming banging her wrists breaking bangles and shouting atop voice.  Now neibor wake up.  All come.  Ask wat happen.  She simpli tell.  My husband give torture to me by beating.  All come.  All beat me. They call police. Police took me along with her.  There she sit next to me in police station.  Me tell her wat did i do that you give complaint that too false one in the midle of nite.  Police ask.  Lady police also ask her wat happnd. and to tell truth.  She tell me no beat her. and that simpli we had a fite in house about dinner. So police took her complaint. took my reply to complaint.  took signature on compromise letter and sent.  This happnd thrice.  After all this I felt I cant live with this girl.  So filed divorce.

rupesh (Engg)     13 August 2011

i think

1-she want nice hose and money also and your faimly support.

2- she not want you but she find how to get divorce? but before divorce she want a job/job person who join her body and accept her as a wife to hole life.

3- she is mental disturb/ or her xxx friend punice her like modur film. and she afred to her social life.

you consentreted on your job and enjoy life. and join facebook and chat with girl's. but not use girl as a prostitution in our country. you can go nepal/shrilanka/usa/pk/ afganistan or tour place with your motherand father, after your mother and father death you can go any where only when ,when u have more mony so.

learn and earn more and more money. that is good for man. wife is a body only body nothing elss. so u can help.

rupesh (Engg)     13 August 2011

and you can give a application in court against RCR

" sir i want stay with my wife but, problem is DV of my wife and i do not want divorce i want  judicial separation for (sub sec13(1)) "

1-proof is FIR police complain.

2-daily report eye witness's

3-ur job change every time(as written paper)

and after sepretion you can go and free of your responsibility of a period, you can strong mentaly your self. ok

after then she will clear understand you or she want divorce by mutually 13B, and go with her and make agreement and get divorce by (sec 13B not 13A) ok.

u will we free.


(Guest)

Sir..

 

Thank you for your advice.  All the records are there for me to prove her criminal intentions.  I have also filed for one time settlement in Fly cort, but still she not agreeing.  After doing all this tamasha, she easily tell before court, that she still wants to join me, While she was away for sometime as I told in my prevvs post, I had got info that she is thinking of filing 498a case against me and my parents, that did not happen as I had already filed for divorce.  No point in simpli attending  court every now and then..  but am Christian sir, I saw 13 (1) is apply for hindu mariage act, christian act differnt perhaps. 

 

When the domestic voilence case is set aside by session court, wil the magistrate of DV act case still make trial of the case? please tell.  I consult my lawer but he tell nothing will happen and most of the fault is with her onli and can be proved easily.. Now fly cort evidence also nearing. she and her ppl had even come with some local politician and goons to make my parents take her into home.. that had also happnd.  I had told to go give police complaint , but ma parents did not give.  She gave complaint of dowry harasment against my parents and parents were taken tehre and interogation done but they let them off cos already matter is in court.  Can all this be used against her? pls tell..

 

thanks in advance


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