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Pooja_____ (HR)     23 March 2014

Husband is not joining me

Hi

My husband had filed divorce case on grounds of cruelty and the same is dismissed by family court and high court. High Court advised him to join me and forget about divorce.

Now my husband claims that he will not file appeal in Supreme court and will not join me. He is challenging me to file RCR. My 498a has been dismissed.

I want to live with him and want to know what should I do? 



Learning

 51 Replies

Gautam Kapoor (IT professional Studying Law)     23 March 2014

@Pooja - why was 498a used.You could have started with a RCR if you intended to stay with him.Wrong 498a is a proven grounds of cruelty.Why do you guys use/get provoked to use 498a at a drop of a hat ?

victim of marriage (Consultant)     23 March 2014

Your husband would be extremely stupid person if he agrees to stay with somebody who has filed 498a against him. Hope he continues with his stand.
2 Like

Gautam Kapoor (IT professional Studying Law)     23 March 2014

many petitioners do not know what is  non congnizable  and non compoundable offence  ... they do not have a iota of thought what the opposite party,his family memers have to undergo..husband files for divorce (not advocating it is right or wrong) .. recourse is advised by the opp counsel to apply 498a/DV/maintenance.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     23 March 2014

If husband is not joined with you as per court orders, then you file execute petition to join you. He has to face penalty or imprisonment or both as per the severeness of the case

Adv Archana Deshmukh (Practicing Advocate)     23 March 2014

@ Pooja,

You cannot force your husband to join you and you cannot do anything in this situation legally when his divorce petition is now dismissed other than to wait. The high court can only advice him to join you, but cannot compel him under any provision of law. There is no question of filing any execution petition against a dismissed divorce nor any penalty nor imprisonment will be there for not joining you. Practically speaking, if you really want to patch up the relationship then, try for some out of court mediation thru some relatives /  friends and do some efforts to improve the relations. Filing of cases against each other and a long court battle  have strained your relationship. If nothing works then, forget the past and move ahead in life.

4 Like

Kapil Gupta (Advocate)     23 March 2014

Dear Pooja, you should request thebcourt u/s 9 for RCR once again. There is no other way to save your relationship. You can try to involve the elders and make pressure on your husband socially so that he might live with you once again. For anymore help, you can contact me on my e-mail id or my mobile. Thank you.

Kapil Gupta (Advocate)     23 March 2014

Dear Pooja, you should request thebcourt u/s 9 for RCR once again. There is no other way to save your relationship. You can try to involve the elders and make pressure on your husband socially so that he might live with you once again. For anymore help, you can contact me on my e-mail id or my mobile. Thank you.

Kapil Gupta (Advocate)     23 March 2014

Dear Pooja, you should request thebcourt u/s 9 for RCR once again. There is no other way to save your relationship. You can try to involve the elders and make pressure on your husband socially so that he might live with you once again. For anymore help, you can contact me on my e-mail id or my mobile. Thank you.

Shantanu Wavhal (Worker)     23 March 2014

My 498a has been dismissed.

I want to live with him and want to know what should I do?

 

 

if ur 498a is dismissed, then file appeal in higher court.


prove that he has harassed you, he has subjected you to cruelty.


then the court will convict him and send him to jail.


let him complete the jail term.


after that you both start living together happily ... forever ...


Shantanu Wavhal (Worker)     23 March 2014

i advise all the husbands who are facing FALSE 498a :


Never Take Back false 498a filer wife

 

its easier to fight such women in court rather than in home.

Shantanu Wavhal (Worker)     23 March 2014

post ur 498a dismissal judgement here

 

let us know the REASONS for the dismissal - is it because u didnt adduce any evidence at all ??.


we all will help you to pinpoint the grounds for appeal - and in appeal case, u can adduce additional evidence - i will give you rulings to that effect.


keep fighting ... never loose heart

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     23 March 2014

Dear Querist

you should try to settle the matter amicably, it is only the option if he agree otherwise you have no option because there is no law in the world to use force for these type of matrimonial matters.

Northern Queen (Manager)     23 March 2014

Ignorant woman - No man should return to a 498a troll.

 

You filed a serious charge on your husband and his family and it was dismissed - that is called rough justice dear.  You don't deserve to be married!

 

Good luck on future relationships once they find out what you have done - you will need it.

Vidya (ss)     24 March 2014

Do this way.... Buy some storage poliethilin bags beg him to donate his sh*t to you every day... Make clear to him that is the only source of food for you.

 

why don't the rapists psychos  will rape and kill the people like you?

 many traditional and decent women's facing real problems.. And the laws like 498a made for them.... Still they won't use that... Because marriage should be made success by understandings and adjustments...

the real b*tches and devils who love others sh*t... Even though no crime done by any... Miss use and make feel shame to indian law and real indian wife's... 99.9 % 498a is not the way to win someones love... It uses by the real time prostituers more then real suffering women...

 

if I get chance to meet the many rapists ... I beg them to do people like you to save our real indian tradition and keep respect to real women


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