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Vipin Kumar (Self)     20 October 2014

Divorce under 13a

Sir,

I filed a divorce petition at Ghaziabad ( my native place) on 22nd Oct 2013, ( at that time i was under severe depression, I have the medical documents also) under the influence of one so called friend. The summon was served at Agra to my wife on 31st Oct 2013( she is working in Agra). I went to Agra on 2nd Nov 2013 and told my wife of that, than both of us pledged and decided that we will not continue the case and live together. I again went to Agra for 3 more days from 15 to 18th Nov 2013. On 29th Nov 2013 ( day scheduled for WS from respondent). No WS was filed as per our decision. On 6th Dec 2013 on the 1st hearing of the case the next date was scheduled for 20th Feb 2014. Now comes my in-laws ( BIL and MIL) who pursuaded my wife to take divorce from me. despite my several call ( she is not picking) and messages. On 23rd Jan 2014 I filed an apllication that as I want to live together so i didnot want thais case to continue. I collected the certified copy of the application freom court and handed over the original to my wife in agra on 29th jan 2014 ( i went with my brother and SIL). she didnot allow me to enter the house there. So on 31st Jan 2014 they filed the WS and counter claim also for divorce. On 31st itself the Judge gave the judgement that as the petitioner is himself not willing to continue the case so case is dismissed. but on 20th Feb 2014 The Judge revoked the earlier judgement that court fees is there in counterclain so case is revoked.

As i donot want the divorce at all, till today i have not filed the WS wrt the counter claim.

so far 2 dates have passed ie 7th may and 30th sept. next due date is 20th nov 2014

what can i do now



Learning

 9 Replies

Vipin Kumar (Self)     20 October 2014

can i withdraw my allegation which i filed as an petitioner now. because i have become respondent

deepakrao (DIRECTOR)     21 October 2014

just talk with ur wife regarding this case what she want if she will agree for residing with u then she withdrawn her counter case if she not then u contest  the case there is no option at all  

Vipin Kumar (Self)     21 October 2014

She is not allowed by her brother and mother to talk to me.

Adv. Chandrasekhar (Advocate)     21 October 2014

1. Do not avoid to file written statement.  That will not help you.

2.  Write written statement beautifully, skillfully and persuasively to make even the iceblocks to melt to hear what you have written in your w/s.

3.  In the w/s, at prelude, put all those things what you put in your above query that how you made her amenable by wooing her to remain together and her wilfull consent for that and how the relatives have been playing spoil-sport in your otherwise reparable matrimonial life.

4.  While filing W/s, insist for mediation exclusively for your wife and yourself, excluding the relations from both sides and also advocates.  You both sometime in the presence of the mediator and later on even pushing him out of the picture, play again your wooing tactics and made her agree to withdraw divorce petition and once that materializes, ask the mediator to record that fact and refer the matter to the court for the same day for recording the same in the court, which will be a sort of binding nature on both of you.

5.  If the above plans do not fall properly, then file written statement but not admitting any cruelty on your part but insisting your willingness to live with her.

WISH YOU BEST OF LUCK.

Adv k . mahesh (advocate)     21 October 2014

before drafting your written statement first try again to meet your wife personally and discuss what she want because lot of matters will be settled once both parties come together and solve the issues as you said that you have meet her and both have agreed to with draw the case in the same way try again before your hearing date comes 

if finally no chance then draft a written statement why you want to leave with her and you do no want divorce and want to leave together 

Vipin Kumar (Self)     21 October 2014

Thanks a lot ChandraShekhar ji and Mahesh ji, for your guidance. I will definitely draft the ws in accordance with your guidance. You will be surprised to know before this I was prouf of our relationship and thought that we are made for each other. But these relatives have spoilt everything and I think she now hates me. Till today I have not physically hurt her, never abused her but whatever she has demanded, whenever she has demanded and wherever she has demanded I have fulfilled. �nd now I am facing this situation. I will try my best and leave the rest on almighty. I did my law in 2001, but never practiced as I was MD of a conpany abroad. Now due to her I have left it and cane to India. can I fight my own case with filing my own vakalatnama in the court?

Vipin Kumar (Self)     21 October 2014

Thanks a lot ChandraShekhar ji and Mahesh ji, for your guidance. I will definitely draft the ws in accordance with your guidance. You will be surprised to know before this I was prouf of our relationship and thought that we are made for each other. But these relatives have spoilt everything and I think she now hates me. Till today I have not physically hurt her, never abused her but whatever she has demanded, whenever she has demanded and wherever she has demanded I have fulfilled. �nd now I am facing this situation. I will try my best and leave the rest on almighty. I did my law in 2001, but never practiced as I was MD of a conpany abroad. Now due to her I have left it and cane to India. can I fight my own case with filing my own vakalatnama in the court?

Vipin Kumar (Self)     21 October 2014

Thanks a lot ChandraShekhar ji and Mahesh ji, for your guidance. I will definitely draft the ws in accordance with your guidance. You will be surprised to know before this I was prouf of our relationship and thought that we are made for each other. But these relatives have spoilt everything and I think she now hates me. Till today I have not physically hurt her, never abused her but whatever she has demanded, whenever she has demanded and wherever she has demanded I have fulfilled. �nd now I am facing this situation. I will try my best and leave the rest on almighty. I did my law in 2001, but never practiced as I was MD of a conpany abroad. Now due to her I have left it and cane to India. can I fight my own case with filing my own vakalatnama in the court?

Adv. Chandrasekhar (Advocate)     21 October 2014

You can fight your own case as party in person.  When need arises take the assistance of good local advocate.


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