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Rakhi (Software )     28 May 2011

Recocilation Procedure

Dear learned members,

I have filed divorce case against my husband after marriage of 7 yrs.I dont have any child.The case is inFamily Court.I heard that there will be a recocilation procedure in the court before hearing starts.I dont want to go for any reconcilation.though i will attend the first reconcilation, can i deny any more reconcilation after that.I dont want any alimony,maintenance..though i have filed for it in suit.Can i deny in the reconcilation hearing that i dont want any further process neither do i want any money,i only want decree.If  they go for again reconcilation can i file a affidavit in court for no more reconcilation and speedy process of my case.

Need your help...



 24 Replies

Tajobsindia (Senior Partner )     28 May 2011

@ Author

1.
Reading your briefs gives an impression than "both parties wants speedy divorce but wife has filed the suit and since she does not want alimony nor any nterim maint. the decree sheet should be prepared without getting into the merits / grounds of divorce allegations therein".
If above is more or less close interpretation then why donot both of you take opportunity and reconciliation proceedings and "convert" divorce into mutual consent divorce ? I mean he will be more than happy not to have asked to pay any alimony and eat the cake too at the end. However, you have to reply to your own above post to a que. that is "is he also agreeing for plain divorce without any maint. and or alimony at the end of the proceedings"?
BTW in normal situation it is rarely done so means had it been so plain vanilla in divorce then everybody whose cases are in floor would have got the divorce decree on first date itself !

 

Sanjeev (Lawyer)     28 May 2011

@ Rakhi you have also filed 498A case on your husband and have got him jailed so I dont know if he is willing to give you divorce or not. In the reconciliation proceedings there can be a settlement that you help in getting the 498A case quashed in turn your husband may agree for mutual divorce after getting your husband arrested you havent left any scope for reconciliation either.

Tajobsindia (Senior Partner )     28 May 2011

@ Sanjeev

Oh, 498a ? I didnot see her mentioning THAT here !!!! 

Sanjeev (Lawyer)     28 May 2011

Sir its from the earlier posts

1 Like

Rakhi (Software )     28 May 2011

Thanks Sanjeev  for keeping a note on the earlier posts.sanjeev he is not willing to go for divorce.

he is planning to delay the proceedings doing so,so that im left alone.

Could u members  please explain me what shall i do.I dont want to go for reconcilation again,can i file an affidavit and do so to not go for reconcilation again.I dont want any alimony or maintennace,if still then he doesnt agree to give divorce,will it delay the process or the court wont agree to give decree unless nd until he agrees.

Self service (None)     28 May 2011

You should have thought before filing 498A against him. He has right to revenge.

Sanjeev (Lawyer)     28 May 2011

@ Rakhi- the only way out is a mutual divorce that will take the shortest time. I dont think there would be any common person who could make him and you agree to file a mutual consent petition as after such stage there remains no chance.

I agree you dont want to join him together so dont want reconciliation proceedings but on the other side that will give you a common meeting ground in presence of a mediator and may be you both can reach a agreement to seperate mutually by you withdrawing your case and both filing a consent divorce application.

There is no short way otherwise it would take long time for court to grant divorce ( not less than 2-3 years at minimum) and in case its granted there are always chances of appeal in HC. Try for mutual consent by making him agree may be in reconciliation process.

The worst mistake you have done is filing this 498A case and then getting him arrested. Anyone who faces arrest that too for not a act that require such humilation is bound to think of revenge and in such case he has no other remedy other than not let you get what you want which here is Divorce!

But any act cannot be reversed so try solving it through mediation and you would get what you want.

Rakhi (Software )     28 May 2011

Dear Member,

I had seek suggestion not judgement.U gave a judgement without knowing the facts behind 498A.Its me who had suffered and will suffer.I took this extreme step after so many yrs,since it was irresistible for me to carry on.

Request members to answer my query and give me an amicable solution.

zimmerzapper (student)     28 May 2011

tajobsindia

 

you replied in both of her threads. LOL

 

https://www.lawyersclubindia.com/forum/Filed-498A-and-divorce-case-against-my-husband-36125.asp

 

https://www.lawyersclubindia.com/forum/Re-Re-498A-34-IPC-4-D-P-Act-filed-against-husband-34582.asp

hema (law officer)     28 May 2011

Dear thread author,

In the  first conciliation meeting, you clearly say, without mincing the words, that you do not want conciliation and  also you do not want any furthe conciliation proceedings and put a request to send the matter back to the court.  at the initial stage do not open your cards by saying that you do not want maintenance.  if the courts grant maintenance, he may agree for divorce to avoid maintenance.  in the court, you have to prepare yourself to prove the grounds for divorce very effectively to get divorce decree, which may take 2 to 3 years in the trial court.  getting divorce decree also solely depends upon how successfully you can prove your grounds before the court of law.  in the meantime, if he suggests or if he accepts your suggestion, go for mutual consent divorce decree which may take 6 to 8 months period.

do not let  the Section 498-A case get diluted and if he has got a fear of conviction, he may come with a compromise proposal requesting you to withdraw section 498-A and he will put no objection to divorce decree.

if he files restitution of conjugal rights, do not contest it and the case may be decided in his favour.  after one year, on the basis of non-execution of this decree, you can seek divorce. 

in this forum, we have got a big problem, whenever any woman says that she filed section 498-A case, some members prejudge that the case is false and innocent husband is framed falsely to extort money.  in this forum, it is never accepted that, in respect of some cases, women are physically and mentally harassed at matrimonial home and to protect them section 498-A, section 304-B are enacted after a prolonged debates in parliament.

warm regards,

2 Like

Tajobsindia (Senior Partner )     29 May 2011

Originally posted by :hema
"
in this forum, we have got a big problem, whenever any woman says that she filed section 498-A case, some members prejudge that the case is false and innocent husband is framed falsely to extort money.  in this forum, it is never accepted that, in respect of some cases, women are physically and mentally harassed at matrimonial home and to protect them section 498-A, section 304-B are enacted after a prolonged debates in parliament.
"

 @ Hema

In this forum problem is due to people like you. When this lady was at a point of time subject to extreme form of cruelties and thus took such extreme steps then don't you want to preach her to see justice is done to her at the end why take short cut now! That is the reason the conviction ratio is very less in 498a not beacuse of problem in this forum but due to women like you and this author. There is no prejudice by members. We go by briefs of a particular thread. I accept those women who file 498a and want to see justice is done and beyond that your crap of parliament debate are not required in legal forums. Same parliament as well as Chief's Court receives regularly printout of these posts from mens rights activists Got it.........

1 Like

mrgop (Owner)     29 May 2011

@ Hema

"if he files restitution of conjugal rights, do not contest it and the case may be decided in his favour.  after one year, on the basis of non-execution of this decree, you can seek divorce."

 

No one shall not be allowed to take advantage of his/her own wrong. So, how can she use non-execution of rcr decree as a ground for divorce?

hema (law officer)     29 May 2011

@tajobsindia,

i really wonder why at the tip of your tongue "crap" comes out so quickly. why do not go for medical check up for this?

by the way, in these days, there is no biting of "metro wives".  I know whenever you want to abuse metro wife, your 80 year old mother, your australian origin and indian settled wife, your little cute daughter who will become a metro wife some one fine day come into picture and you stop to throw acid on "metro wives".  whatever may be the reason, it is good improvement.  I have got my own little contribution in this direction.    

My above post was addressed to the thread writer.  even then, you people jump into the thread to give your unsolicited and useless talk addressing to me. 

what about your shiney ahuja, your beloved client, for whom in 2010 you vociferously argued that how his maid has falsely implicated him in rape charges to extort money.  Even after conviction, you do not feel shy to defend the rapist?. what morality do you preach to me? 

when your own activist is facing starvation death for removal of S.498-A etc on delhi streets, instead of standing with him in the cause, you press some keys on the keyboard and use quite often the word crap and become cyber tiger attacking us and pretend yourself as the champion of the men's rights. shame on you.  

do not try to impress me about your handouts sent to parliament members.  you can find them in their dust bins on the next day.

hope you refrain to respond to my posts till they are addressed to you. 

1 Like

Tajobsindia (Senior Partner )     29 May 2011

@ Hema

I will respond to all your craps here and if you have legal guts stop me.  

1 Like

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