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Bittu (sr. software engineer)     24 November 2012

Please give me proper guidance..please..

After 3 and half year separation (married on 2005) on December 2011, I have filed Divorce under section 13A. Till 02-Nov-2012 (that was ex-party hearing date & ex-party rejected by Judge) she did not submit WS. Now she has submitted WS statement stated that she wants to continue our relation ship.

I filed the divorce only because she was not ready to stay with me that time and she left my house without informing me and never came back. Now she is saying she loves me and wants to continue our relation ship. But her father still does not want that.

1. I also love her but I don’t know what to do now. Please suggest me what to do.

2. If we start our life together how should I do, where still her father does not want that? Her father is very rich man and he can do anything. Please give me proper guidance so that I can live in peace after closing the divorce case.



Learning

 11 Replies

Tajobsindia (Senior Partner )     24 November 2012

1. Law cannot guarantee that after closing (withdrawing) divorce case and inviting her to matrimonial fold that also after 3 plus years of seperation every thing will be hunky dory. If you are confident that come what may your wife now will side you in any domestic matters and she herself will tell her Father not to interfere in her marital life then things will work out as expected otherwise back to square one your situation will be.

2. Law cannot give you absolute protection from your FIL's interference in domestic matters of a couple at such belated stage (3 plus years of seperation you say to us). Law if used it can only give protection in nature of Mandamus that also under grave merits and may issue Mandamus in nature of protection Order by installing Police (a Beat Constable) direction to visit your home on and off to check everything all right with you and your FIL. But then these are very extreme steps and based on keratinous facts and the more one invites police or court presence  into once matrimonial home the more invasive such moles becomes one day a mountain and then you are again back to square one.

Bottom line, take your own informed call on presented issues in such belated stage, afterall she is your legal wedded wife and if you know her well bring her back and establish home with which rights and duties comes between you two and if you are not confident about your wife and the way she may next day act under influence of her father then stick to divorce allegations come what may and get decree in divorce and restart your life.

One need to think from head and not from heart only when Law is used.  

Rajeev Kumar (Lawyer/Advocate)     24 November 2012

Dear querist, I you have strong faith and trust on her. If there is full gurantee that the act done by her in the past will never repeated again and she will never implicate you and your family members in 498A or Domestic Violence Act. She will never dance on tune of her parent and she will leave her parent home forever so that both the couple will live with eachother with love and affection then as per as my thinking there is no harm in withdrawing the Divorce petition for sake of love, happy conjugal life,wasting of money on litigation and avoiding a lot of physical and mental harrassment. Now it is upon you,your moral consience and you confidence in her

Bittu (sr. software engineer)     24 November 2012

Sir, thanks for your quick response. I would like to know is there any legal way to make sure (sign off) from her side that

1. she will never implicate me and my family members in 498A or any Domestic Violence Act in future

2. She will leave her parent home forever

Adv B.B.Gambhir #9814820602 (advocate)     24 November 2012

sir, there may be a trap behind the curtail be care ful. because a girl does not turn up for such a long period and suddenly she wants to turn back.

Tajobsindia (Senior Partner )     25 November 2012

 

 

Originally posted by : Bittu

 

Sir, thanks for your quick response. I would like to know is there any legal way to make sure (sign off) from her side that

1. she will never implicate me and my family members in 498A or any Domestic Violence Act in future

2. She will leave her parent home forever

 

Ideally such separation phase should be lasting to just couple of months to give marriage a chance ot re-start as sometimes giving space to retrospect should not be lasting more than couple of months is my view otherwise ideas or zeal to re-start gets into fading memory day by day.  

Hence, this is your call and only you should take.

1. No there is nothing called blanket undertaking given/taken.

As a last help do one thing instead of asking same question again and again just read last 150 messages in Family Law and Criminal Law forum in reverse way. There are views of both genders in diverse factual situations and some are similar to yours.

You will expand your doubting horizon and then be able to make an informed decision as to what to do, divorce or give in and re-start with legal wedded wife. 

Sudhir Kumar, Advocate (Advocate)     25 November 2012

You questsions :-

 

1. she will never implicate me and my family members in 498A or any Domestic Violence Act in future

 

Ans : Law does not have any rpovision under which a person can for entire life bedebarred from coming to court or police stations.

2. She will leave her parent home forever

 

Ans : By asking this question, you hve identified yoursefl to be one such person for whom such harsh laws are being made and you are still in high spirits simply because you and family are not implicated in criminal case adn it is you who has fled docorce case.  She wants to come back and you are imposing impossible conditions only because she is more gentle that you (at least what appears from give facts).

 

God has given you opprtuinity to buy peace. avail it.

vijay (M)     25 November 2012

 

She wants to come back and you are imposing impossible conditions only because she is more gentle that you (at least what appears from give facts).

 

God has given you opprtuinity to buy peace. avail it.

 

Don't make the mistake of believing that this statement.  Be very careful of the intentions of the spouse.  You can never BUY peace.

Dr R K Pandey (Retired person)     25 November 2012

Dear Sir,

I need the help /answer on the following problem.

My  friend  made a conveyance deed for a plot in November 2012 at Gurgaon. On the receipt of stamp duty issued by the State Bank of India her name is correctly mentioned.

 However there is a typographical error  and  on the next page the write up reads as  Ms AB Sharma D/o Rakesh Kumar Sharma which is wrong. The correct version is Ms AB Sharma W/o Rakesh Kumar Sharma Thus  in the deed word “D” has to be replaced by word ”W” Till now, no other mistakes have been noticed so far

What are the problems if this correction is not done? .How this correction can be made so that the deed is valid.Does this procedure requires the presence of sellor/vendor in the court again.

RK Pandey

rkpandey42@yahoo.co.in

rajiv_lodha (zz)     25 November 2012

@Pandey!

Why dont u start new thread

Dr R K Pandey (Retired person)     26 November 2012

Dear Sir,

I need the help /answer on the following problem.

My  friend  made a conveyance deed for a plot in November 2012 at Gurgaon.  On the fist page of the deed there is a receipt of the stamp duty paid.On the receipt of stamp duty issued by the State Bank of India her name is correctly mentioned.

 However there is a typographical error  and  on the next page   the write up reads as  Ms AB Sharma D/o Rakesh Kumar Sharma which is wrong. The correct version is Ms AB Sharma W/o Rakesh Kumar Sharma Thus  in the deed letter “D” has to be replaced by the letter ”W”  Thus till now, no other mistakes have been noticed so far

What are the problems if this correction is not done?

.How this correction can be made so that the deed is valid.Does this procedure requires the presence of sellor/vendor in the court again

.What is the amount of fee /duty to be paid for this purpose?

An early suggestion on the matter is requested.

Dr R K Pandey

rkpandey42@yahoo.co.in

 

Dr R K Pandey (Retired person)     26 November 2012

Dear Sir,

I need the help /answer on the following problem.

My  friend  made a conveyance deed for a plot in November 2012 at Gurgaon. On the receipt of stamp duty issued by the State Bank of India her name is correctly mentioned.

 However there is a typographical error  and  on the next page the write up reads as  Ms AB Sharma D/o Rakesh Kumar Sharma which is wrong. The correct version is Ms AB Sharma W/o Rakesh Kumar Sharma Thus  in the deed word “D” has to be replaced by word ”W” Till now, no other mistakes have been noticed so far

What are the problems if this correction is not done? .How this correction can be made so that the deed is valid.Does this procedure requires the presence of sellor/vendor in the court again.

 

Dear Sir,

I need the help /answer on the following problem.

My  friend  made a conveyance deed for a plot in November 2012 at Gurgaon. On the receipt of stamp duty issued by the State Bank of India her name is correctly mentioned.

 However there is a typographical error  and  on the next page the write up reads as  Ms AB Sharma D/o Rakesh Kumar Sharma which is wrong. The correct version is Ms AB Sharma W/o Rakesh Kumar Sharma Thus  in the deed word “D” has to be replaced by word ”W” Till now, no other mistakes have been noticed so far

What are the problems if this correction is not done? .How this correction can be made so that the deed is valid.Does this procedure requires the presence of sellor/vendor in the court again.

What is theamount to be paid as stamp duty/ registration fee.

Any problem in future,if correction is not done on the deed.

Dr R K Pandey

rkpandey42@yahoo.co.in

 

Dear Sir,

I need the help /answer on the following problem.

My  friend  made a conveyance deed for a plot in November 2012 at Gurgaon. On the receipt of stamp duty issued by the State Bank of India her name is correctly mentioned.

 However there is a typographical error  and  on the next page the write up reads as  Ms AB Sharma D/o Rakesh Kumar Sharma which is wrong. The correct version is Ms AB Sharma W/o Rakesh Kumar Sharma Thus  in the deed word “D” has to be replaced by word ”W” Till now, no other mistakes have been noticed so far

What are the problems if this correction is not done? .How this correction can be made so that the deed is valid.Does this procedure requires the presence of sellor/vendor in the court again.

 

Dear Sir,

I need the help /answer on the following problem.

My  friend  made a conveyance deed for a plot in November 2012 at Gurgaon. On the receipt of stamp duty issued by the State Bank of India her name is correctly mentioned.

 However there is a typographical error  and  on the next page the write up reads as  Ms AB Sharma D/o Rakesh Kumar Sharma which is wrong. The correct version is Ms AB Sharma W/o Rakesh Kumar Sharma Thus  in the deed word “D” has to be replaced by word ”W” Till now, no other mistakes have been noticed so far

What are the problems if this correction is not done? .How this correction can be made so that the deed is valid.Does this procedure requires the presence of sellor/vendor in the court again.

 

Dear Sir,

I need the help /answer on the following problem.

My  friend  made a conveyance deed for a plot in November 2012 at Gurgaon. On the receipt of stamp duty issued by the State Bank of India her name is correctly mentioned.

 However there is a typographical error  and  on the next page the write up reads as  Ms AB Sharma D/o Rakesh Kumar Sharma which is wrong. The correct version is Ms AB Sharma W/o Rakesh Kumar Sharma Thus  in the deed word “D” has to be replaced by word ”W” Till now, no other mistakes have been noticed so far

What are the problems if this correction is not done? .How this correction can be made so that the deed is valid.Does this procedure requires the presence of sellor/vendor in the court again.


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