Upgrad LLM

please guide me !!


Hello Forum ,

Please guide me by answering these questions :

 

1)  When a case is filed in Women Cell ,Is the other spouse  allowed to file a case in court ?

2)  If yes then it should be in Family Court or the ADJ court ? 

3) If the other spouse doesn't attend even a single Women Cell date ( his parents have attended a date earlier and had said he is not well ) So can he say in the court that he have no idea about Women Cell case .

4) We heard he is planning to not attend the counselling again  , what can we do in this circumstances .

 

Guide me Please

Thanking you

Aditi

 
Reply   
 
law officer

1)  When a case is filed in Women Cell ,Is the other spouse  allowed to file a case in court ?

Yes, madam.  That is possible.  In women cell, you filed complaint.  It is criminal case in nature.  But as per latest guidelines, your complaint cannot be registered as F.I.R. immediately. The police in women cell have to initiate mediation and try to settle the matter.  If the husband's side will not cooperate and the wife's complaint appears to be genuine, the complaint will be reduced to FIR and sent to the concerned magistrate court.

2)  If yes then it should be in Family Court or the ADJ court ? 

If in the area, where he is filing the case, there is Family court, then the case has to be filed in family court.  If there is not family court, then it is before ADJ court.

3) If the other spouse doesn't attend even a single Women Cell date ( his parents have attended a date earlier and had said he is not well ) So can he say in the court that he have no idea about Women Cell case .

You take the copy of the proceedings of women cell, where his parents said that due to ill health, he could not attend the proceedintgs and show it in the court to prove that he is lying.

4) We heard he is planning to not attend the counselling again  , what can we do in this circumstances

you give him one or two more opportunities and if he does not turn up ask the police to file FIR.

 
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Thank You your your guidance Hemaji

 
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UNEMPLOYED

FIRST OF ALL NOTE IT THAT WOMEN CELL, FAMILY COURT, AND ADJ COURT ARE THREE DIFFRENT INSTITUTION.

YOU MAY COMPLAIN EITHER WOMEN CELL OR FAMILY COURT.

IF YOU NEED DIVORCE OR RCR ETC YOU HAVE TO COMPLAIN AT FAMILY COURT.

IF YOU HAVE ONLY COMPLAIN AGAINST YOUR HUSBAND YOU MAY GO TO WOMEN CELL.

YOU SIMPLY COMPLAIN IN WRITTING. LATTER IS THE DUTY OF THE WOMEN CELL.

DO NOT RELAY ON GOSSIP OF OPENANT SIDE. LEGAL SYSTEM IS SEPERATE AND COMPULSIVE. TECHNIC KNOWN TO THEM.

 
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Hello,My Name is Raajsekhar from andhra pradesh..I got Married with a girl in 2003 november 1st,after marriage of 3 months i came to know that she got married before itself with other person,and without taking any divorce with first person she married me,and when i came to know this issue i called his parents and asked abt it and they tried to escape and later they agreed...and later she came with divorce papers to me(from the 1st person)...

and myself and my parents also accepted her upon her parents request..from that day onwards she behaved very rudely with me and mor ethan 8 times we got separated with misbehaviour of the girls father..and in this 7yrs of marriage she was only 3 yrs with me...

In the last year her dad forcely separated us..in month of june and he told me to send divorce papaers..and due to health problem of my dad i didnt do that and later he passed away in nove 2010..and i intimated to my wife and her parents also abt my dads death,even they didnt have minimum courtesy and they didnt calle dme up and they didnt came to see my dad also..]

and can u pls help me out to get divorce form her....

and can u pls gv me a suggestion that my marriage is valid r not as i told u that she was married me before, without taking any divorce form the first person

and can u pls help me out that how to get the details from the registration of marriage office..

She got married with a person called PRAMOD located at hyderabad working in GOLD STONE TECHNOLOGIES HYDERABAD,and My wifes name was RAM NAGA SILPA.

THEY GOT MARRIED AT HYDERABAD on JANUARY 12th 2000.....

Pls do help me to get divorce with her.....

RGDS,

RAAJASEKHAR

 
Reply   
 
propra

you filed a complaint CAW.

 

 

He seems to have filed for RCR or divorce suit in  District judge civil court (it seems that now the matter is pending at Additional district judge -Cvil court, That location not being a metro and no Fam. court estabished there. And as per your text, you have already made first appearance.)

 

 

Is husband not attending CAW related sessions of mediation? or for his case in Court for which he isn't intrested for councelling? (He must have filed for divorce...)

 

 

Well he has to appear at both places. If he is unwell and not able to go to CAW ..........then how did he manage to appear as a petitioner in civil court? And his parents did attend meeting at CAW and hence CAW has already appropriately informed and given him notice also. A copy of which also he might have obtained to know your complaint details.

 

 

If he has said in civil court that he is unaware of any matter in CAW filed by wife, then he is utterly lying to court. Get it on record and catch hold of him. File a purshis about what he told court on previous dates.

 

 

But remember that ................. You should not have a conflicting stand.

 

 

In civil court you should say that 'he can't tak adv of his own wrongs and first he drove me out by torturing me  and compelling me to concede for divorce ................ Tell clear ly that divorce is a stigma .... but in the garb of marriage his cruelsome acts aren't condonable.'

 

 

 

Tell to court that "you need to give a deep thought about marriage .. and only after that you may take a call" .... But if his cruelty  makes me take initiative to ask for divorce then 'its like giving a premium to his misconduct.' 

 

 

 

In reply to divorce suit ..just say that he can not be allowed to take advantage of his own wrong!!! ........ you are innocent and you are not ready to carry the blame and take the stigma of divorce.

 

 

Ask the court clearly ...'if husband says and admits in front of court that ...YES .. I, the husband, was the real culprit and I drove her out of my house  .. and thus I need divorce...' only then let the court grant him divorce!!!!'  (which is impossible!!) ................... otherwise ............... questions such as "whether I need divorce or not? whether did I condone his cruelty or not?" do not even arise.....................  untill I scream about it  in offensive mode.

 

 

But if court deliberately wants to ignore that  ...1) my life is shattered for ever and caused irreparable loss due to wrongs committed by husband and for which hebe rewarded with divorce!!!.... then and then only give him divorce. Whether court grants him divorce or grants me divorce .... for him, either way,  it is like a victory!! Whether you eat cake from right side or left side   ....  it does not matter  ...  

 

 

 

In this case, If wife is narrating about any of hsband's wrongs ... it is purely in response to husband's divorce plea (as a hot pursuit as a part of retaliations/self defense).... and not as her own initiative to break apart (wife isn't on offensive mode but defensive mode) ... these narrations are merely to expose lies of husband and .... how wife continued and adjusted in the hope that husband at least won't wash the linen in public and considering her parents and etc .... but his acts aren't condoned by wife.

 

 

 

Tell court in writing that 'it is sufficient to say that I am innocent (Burden to prove all allegations is on him) and and I don't need to any additional mud slinging to embitter the matter further!'  but it is enough to rebut his allegations with rebuttal evidance if any.

 

 

 

Remember that cruelty (or any misconduct whatsoever) committed  from both sides ..... does not get squared off! ......................... So counter allegations in response cause only to deteriorate the matter further!!

 

 

So if you want divorce as the final outcome only then and then make new counter allegations in your reply to hisband's divorce petition.

 

 


Total likes : 3 times

 
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Thankyou Arup ji and Jamai of Law

 for your helpfull suggestions .

Reagrds

Aditi

 
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