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khan (servant)     04 June 2014

How to call my wife back

02 petetions have been filed by my wife. first maintainance under section 125 & after 15 days she filed Domestic violance-2005 against me. i belongs to muslim cummunity. can i send a letter signed by advocate for calling back or directly i can  file at court  a case to call her back . under which section i can call her back?

please help me .



Learning

 7 Replies

ANAMIKA VICHARE (LAWYER)     04 June 2014

If you had trye intention of calling her back, why did not you do so before she filed Petitions.   And if you think thatbycalling back, you can avoid maintenance, it is not so...and further I do not understand that when yr wife has made allegations of domesticviolence stil you want to call her back..... do not create third litigation...you will be finished in two litigations...

Now you do one thing,  you file your strong say in both the matters alongwith docs....If Magistrate asks you whether u r ready to cohabit you say that yes to sve my marriage, I wish to give her one chance...she will defntly say no...

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     04 June 2014

The act of domestic violence towards women is a human rights violation as well as an illegal act under Indian law. It is therefore widely considered a threat to women’s agency through any lens, and there is a growing recognition in many Indian regions that the nation can reach a higher potential through obtaining greater social and economic capital than by reducing women’s participation in society. Domestic violence is one of the most significant determinants of this denial. Greater gender equality through greater women’s agency cannot be achieved if basic health needs are not being met and if cultural biases that allow for domestic violence in India persis. So contests the cases in the court of law.

Adv. Chandrasekhar (Advocate)     04 June 2014

It is very simple sir.  If you want that litigation should not spill further and there is scope for "forgetting and forgiving", then without incriminating yourself of any offence, get a sweet and pacifying letter drafted by lawyer for you and send it to her on plain paper but not on lawyer's pad.  REMEMBER THAT DO NOT INCRIMINATING YOURSELF IN ANY WAY.  After that, on the first day of hearing in S.125 case as well as in DV case, through your advocate emphatically submit that there is every scope to settle the all problems and send the matter to mediation.  There, in mediation, you should become the 'man with maturity' and pacify her and allay her apprehensions and bring her back from the court direct to your home for second honeymoon.  My best wishes.

Gautam Kapoor (IT professional Studying Law)     05 June 2014

very good advise from Madam Anamika and Mr. Chandrasekhar devoid of any free unwanted lecture

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 June 2014

Bingo Anamika.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Sudhir Kumar, Advocate (Advocate)     13 July 2014

attempt to call her back through court will provoke further allegation as she will have to justify reasons for not coming back.


If you are really interested in peaceful reconciliation then you should be able to prevail upon her to close the litigation and live peacefully.  If such situation is not possible then advise of expert is relevant.

KISHAN DUTT KALASKAR (Advocate)     17 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert


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