victim (master) 09 September 2013

Need judgement for my case

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I filed for divorce as my wife left me just after 4 months of marriage and when i asked her to come back, she put a condition that i must live away from my parents in a separate house then only she will come. Then after lots of attempts of reconcilation i filed divorce and in divorce case i said that if she is ready to come and live with me where i lives with my parents then i am ready to take my case back and will take her with me on the same day. For this she requested time in court. Time was granted but my offer was recorded in court's order sheet and on next date when she files HMA 24 then judge scolded her and demanded for witten statement for main petition for divorce filed by me. in her reply she denied that she demanded for a separate establishment and even now she is ready to cohabit with me.

On the other hand she has filed full family package of cases against me and my parents at her home town. Fortunately only enquiry is ordered and no summons are issued till date.

Since she mentioned in her written statement along with affidavit that she is ready to cohabit with me and she never demanded for a separate accomodation, Then please suggest/provide me some useful citations of various HCs & SC which says " since wife ready to cohabit so it can be considered that no cruelty happened with her, hence criminal cases are quashed as they are filed as an retaliation of proceedings initiated by husband."

Thanks in advance

regards.

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2 Replies

Shantanu Wavhal (Worker) 09 September 2013

not useful at such premature stage.

Samir N (General Queries) (Business) 09 September 2013

Don't rush. Don't panic. When summons are issued and served on you, get to know what is alleged and then decide.

If there is already a case pending in which she has already appeared, then other related cases should also be filed in that first Court, unless the Court has no jurisdiction over the subject matter.

Citations come at the time of arguments. Get her cross-examined based upon her affidavit. Most advocates do not realize that cross-examination is as important, or even more, than arguments. Once you get the admissions during cross-examinations, arguments are easy to write. You ask her about her coming to stay with you... if she is still ready to come back, etc. Show that you really want her to come back (even if you don't want her to come back).

Good Luck!

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