What your require at this moment is a true, honest and efficient advocate to answer your questions as you have got a lot of confusing thoughts about divorce cases as well as criminal cases related to matrimonial matters. I also observe not just in your post but also in other posts, either the author is man or woman, they never explain the root cause of the problem. One man writes in his post simply that just after three months of marriage, his wife on one fine day went to her parental home by saying that she would stay there for one week. But two years passed and she did not turn up, despite several attempts to lure her back by him. He asks that whether he can file divorce and if he files divorce is there any chance that his wife may file criminal case against him. Experts, who want to answer him, do not know what happened to the wife within these three months of her stay at matrimonial home, which caused her to go away from him permanently. Whether she has got a boy friend? whether husband has harassed her physically or mentally? Whether in-laws have done any thing for her desertion? Whether husband has any girl friend, which matter she came to know and she left him? Nothing is known to the experts. Then how can a proper legal advice can come out of such a situation? Similarly, in your case also vital points are missing. Some of those are: 1. How long you both lived together after marriage. 2. Whether you have got the children? 3. Whether you are working? 4. Whether he is working? 5. Whether you are ill-treated? (you said so in your post). 6. If so, who ill treated you, whether husband or his parents and brothers or sisters or all of them or only some of them or only one of them? Why he/they ill treated you? The nature of ill-treatment. 7. What was the exact contents of your complaint. These are the vital information for giving you proper reply. Any how, with the scant information out of your post, I try to answer your questions, periferally. Why I am writing this, that the several authors come on this forum, who want advice please supply the full information and get appropriate answers.
Experts pls advice:
1. Does my police complaint as cruelty for divorce( no FIR no arrest only 2 counsellings and when boy's family absconded after compromise requested them to give back my jewels which they forcefully took from me on the day they pushed me out of house)
No. GIVING COMPLAINT TO THE POLICE OR LODGING FIR IS NOT CRUELTY FOR DIVORCE. BUT IF TRIAL IS HELD IN RESPECT OF FIR (ONLY UNDER SECTION 498-A) AND ACCUSED ARE ACQUITTED HONOURABLY, THEN SOME COURTS HELD THAT IT AMOUNTS TO CRUELTY FOR DIVORCE.
2. I asked time to reply, after the court my FIL accused me of wasting their time and threatened to sign Mutual divorce or they will make their son marry another girl silently and delay divorce to spoil my future by draggin the case.
YOU ANSWER TO YOUR FATHER-IN-LAW SHALL BE IN SAME TONE AND TENOR - " MARRY YOUR SON SILENTLY AND SPEND THE CONSIDERABLE REMAINING PART OF YOUR LIFE ALONG WITH YOUR WIFE AND SON BEHIND THE BARS FOR ABETTING BIGAMY AND YOUR SON ALSO WOULD SPEND THE TIME IN JAIL FOR BIGAMY".
Even though I had had enough, was looking for last chance to save the marriage, but their behaviour has hurt me a lot, and their attitude to search for another richer prospect and spoil another girls life too.
IN HIS DIVORCE CASE, THE CASE STARTS WITH COUNCILLING. YOU AVAIL YOURSELF THE OPPORTUNITY FOR SAVING THE MARRIAGE.
Can counsellors advice them, is counselling in family court really effective and has any value. IF not....
COUNSELLING IS EFFECTIVE, IF BOTH THE PARTIES ARE OPEN MINDED AND HAVE A "FORGET AND FORGIVE" NATURE. IF ANY ONE OF THEM IS ADAMANT, COUNSELLING DOES NOT SUCCEED. THE MATTER WILL BE SENT BACK TO THE COURT TO DECIDE IT ON MERITS. THE COURT DEMANDS STRICT PROOF OF CRUEL ACTS. IT IS NOT EASY FOR HIM TO GET IT. JUST FILING COMPLAINT/FIR IS NOT CRUEL ACT.
Pls advice if give a petition to to women's cell about my FIL's threat and file FIR for my previous complaint and simultaneously if I reply in the next hearing that I too need divorce stating the cruelty in their part with eidence will judge grant divorce decree. Will the FIR trap me in divorce proceeding by any way after this - as my hubby has already given divorce I need to just reply and ask for divorce right, can he dany divorce after this just to torture me further.
IF YOU WANT DIVORCE DECREE, THE BEST OPTION IS NOT TO FILE YOUR OWN DIVORCE CASE ON YOUR OWN CRUELTY GROUNDS, BUT TO FILE MUTUAL CONSENT DIVORCE PETITION WITHOUT PUTTING ANY BLAME BY THE SPOUSES AGAINST EACH OTHER. IN THIS PETITION, THE REAMINING FINANCE MATTERS, SUCH AS PERMANENT ALIMONY, STRI-DHAN COMPROMISE BE MENTIONED SO THAT YOUR FINANCIAL INTERESTS ARE PROTECTED. IF CHILDREN ARE THERE, THEIR CUSTODY ALSO TO BE DECIDED BETWEEN THE SPOUSES BEFORE FILING MCD PETITION.