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Shital1980 (Housewife)     18 January 2017

Is it possible to withdraw case after filling it at family court. please suggest if there is any possibilities....please i really need help.

Hi, Actually its been two years of my marriage. Since then there were sort of problems with inlaws in terms of demands. My inlaws manipulates my husband. He also used to quarrel with me all the time n abuse me. My mother and father , sister in laws used to taunt me everytime that your father has not given this things that things. We got so much good proposals for our son whowere ready to give handsome amount with car and plot.....This made me so harrassed ....but still I  ignored things to save my married life. But on november things became so cruel with me...... My parents bearing our expenses. I have 1 year old son, n now in Dec i have filled a case against my in laws in domestic violence, dowry, also on my husband for maintenance, as since the day I got married my husband did not taken my responsibilities n now for his child too. As if now my husband is urging day by day to withdraw a case and reconcile an issue through women cell. He is saying he want to live with me anyhow n please get agree and come with me. We both have a reconciliation on next week at Women Cell. He wants things to be settle there and move on with new life. Now i m confused and notable to trust also on my husband. As already I have filed a case against him and his family in front of Judge in family court. Now its too late to rethink I said to my husband as within a few days he might willl recieve a NOTICE from court. Even I too want to save my marriage, I have not filed for DIVORCE. I have filed case because my inlaws beaten n abused with me n provoked my husband for that. Thats why i took action against them. I love my husband very much. N now m helpless what should i do. Now pls suggest me what to do ??



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 36 Replies

whatnot   18 January 2017

You should try and do everything to save marriage.

But also things may go worse.

Think before you act.

 

https://www.lawyersclubindia.com/forum/Fir-quashed-and-husband-deserted-146000.asp

Sachin (N.A)     18 January 2017

You are lucky that your husband still ready to accept you. Try to sort the matter and you should widraw the case.

Shital1980 (Housewife)     18 January 2017

Thanks for advice

(Guest)
Originally posted by : MINAKSHI
Hi, Actually its been two years of my marriage. Since then there were sort of problems with inlaws in terms of demands. My inlaws manipulates my husband. He also used to quarrel with me all the time n abuse me. My mother and father , sister in laws used to taunt me everytime that your father has not given this things that things. We got so much good proposals for our son whowere ready to give handsome amount with car and plot.....This made me so harrassed ....but still I  ignored things to save my married life. But on november things became so cruel with me...... My parents bearing our expenses. I have 1 year old son, n now in Dec i have filled a case against my in laws in domestic violence, dowry, also on my husband for maintenance, as since the day I got married my husband did not taken my responsibilities n now for his child too. As if now my husband is urging day by day to withdraw a case and reconcile an issue through women cell. He is saying he want to live with me anyhow n please get agree and come with me. We both have a reconciliation on next week at Women Cell. He wants things to be settle there and move on with new life. Now i m confused and notable to trust also on my husband. As already I have filed a case against him and his family in front of Judge in family court. Now its too late to rethink I said to my husband as within a few days he might willl recieve a NOTICE from court. Even I too want to save my marriage, I have not filed for DIVORCE. I have filed case because my inlaws beaten n abused with me n provoked my husband for that. Thats why i took action against them. I love my husband very much. N now m helpless what should i do. Now pls suggest me what to do ??

Maam,

Please dont make mistake of taking back any cases which you have filed.

You do like this.

Tell to judge that you want to see whether he has changed or not for few days (15 days) and to provide you police protection.  

Live with him for few days as agreed and see how things go.

Usually these kind of men dont change easily, but only to make female weak, they do all sorts of tricks and once cases are taken back, they will beat you to pulp and almost can kill you.

It is highly risky to take back cases that yuo have filed at this point.  It may cause danger to your life, this I am saying as you have mentioned that he was beating you etc.

If something happens to you, who will take care of your son?

At least ask the permissioon of judge as I told above and see.

If he changed to good person, then fine, if he starts his beating shouting etc then you take divorce from him.

It is better to find someone else than lead life without dignity,

Please be careful.

3 Like

Shital1980 (Housewife)     18 January 2017

Well thanks.Mr. Sachin but would like to tell you my husband is lucky that still his wife loves him.....but u know what I already in love n emotions I took decisions n went against my parents n try my level best to live happily with him. But still nothing works out his behavior was soo rude, abusive n always asked for mutual divorce to me. This is the first n after many trials I hv taken action against him and his family. Still if he don't realize his mistakes that will be his problem. As a wife I loved him beyond anything.

Shital1980 (Housewife)     18 January 2017

Thanks all for wise advice. Because sometimes heart and emotions let's you down. People take advantage of your love n emotions. If after getting kicked person don't open up mind...then it considered as foolishness. Thanks again now this time decisions will be from mind instead of heart.

Sachin (N.A)     18 January 2017

Dear Minakshi,

 

My only point is if there is single possibility to save relationship you should try.

If nothing works as gussed by other members it is always benifitial for ladies to mutually settle the dispute and don't waste their life in wandering in courts.

Now you need to decide whether you want to give him chance or Mutual divorce.

Filing case is not any solution. 

1 Like

Shital1980 (Housewife)     18 January 2017

Ok thanks Sachin......you know what I hv my medical reporting with me...My MRI REPORT. I m bearing a pain from right side neck to whole hand. It is what I m bearing not my hubby. I feel like disable person as he he let me to this way. I m not able to work, write n even can't carry my son too. He is living his life very happily with his loved ones without any expenses on wife and child. I m strong now if have wasted my precious life emotions n love on that cruel selfish person. Than no matter to waste many more years for justice n to teach him a lesson. He played with my emotions and love for him

Sachin (N.A)     19 January 2017

Originally posted by : Shital1980
Ok thanks Sachin......you know what I hv my medical reporting with me...My MRI REPORT. I m bearing a pain from right side neck to whole hand. It is what I m bearing not my hubby. I feel like disable person as he he let me to this way. I m not able to work, write n even can't carry my son too. He is living his life very happily with his loved ones without any expenses on wife and child.

I m strong now if have wasted my precious life emotions n love on that cruel selfish person.
Than no matter to waste many more years for justice n to teach him a lesson.
He played with my emotions and love for him

 

If you don't want to live with him, solve the matter by taking one time alimony instead of "teaching him a lesson".focus on your on life.

Shital1980 (Housewife)     19 January 2017

Sachin lesson doesn't mean that I want a revenge. Its just he should atleast realize what he did. I don't want to him to be hanged or something like that. I still love him.....n I tried many to settle down issues on my way. But still his family interference is much n they all collectively abused me beaten me. They made my married life panic day by day n didn't let the love n happiness n trust to be built between me n my husband. Its only two years.....I have dreamt for forever journey with my husband. I truly love him by heart. I don't hv a greed of alimony or maintenance. Although I have a son n I want to live with my husband n bought up my child with joint love. Atleast he should also understand me instead of always listening to his family n misbehave with me always into their manipulation. How will marriage works like this ??? I only need his love n care n support respect. N he should also understand his responsibility towards his son n wife. Which he always taken for grant.

A walk alone (-)     19 January 2017

Once family matters move in court nothing remain in relationship. Better go MCD and focus on your child future life. Don't waste your life in roaming court. No court no law can force him to live with you or love you. Relationship can never survive if it one sided. As long you will drag this relationship it will only give you pain.

Samir N (General Queries) (Business)     05 February 2017

Answering this query strictly from a legal perspective.  It will be useful to both husbands and wives or for that matter any litigant:

NEVER withdraw cases unconditionally.  Always withdraw a case with leave from Court to refile the case unconditionally. To support this prayer, you will have to provide justification for why you want leave to refile. Possible justification is reconiciliation, settlement, give marriage another chance, etc.  You must add that if such leave cannot be granted then you do NOT wish to withdraw. Why is this important? Legally if you withdraw a case unconditionally, you are effectively waiving your rights under the cause of action under which you filed the case. This is certainly true in the case of a marriage.

I am tempted to add this: Its ALWAYS a good idea to give marriage a second (or even a third) chance if a child is involved. 

Sachin (N.A)     05 February 2017

Originally posted by : Samir N (2HelpU)



NEVER withdraw cases unconditionally.  

 

Its ALWAYS a good idea to give marriage a second (or even a third) chance if a child is involved. 

 

Your ADVICE itself is contradictory.

Without trusting each other it is impossible to live together.

You are advising a women to make her husband in fear that if he do not OBEY her she will reopen / refile the case.

 

Sachin (N.A)     05 February 2017

Major reason for divorce in India are biased laws realted to matrimonial issues.




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