Reconciliation

You can see this latest clip, this case is also similar to your friend, infact here wife has alleged more than your friend allegations, And this clipping also shows - 

Chiranjeevi's daughter Srija files dowry harassment case-misuse of 498a - Meenakshi Lekhi prominent feminist lawyer views it as OVERUSE OF 498a - 16mar11

Here Meenakshi Lekhi said to have quoted  "The issues and dispute are different and do not fall in the ambit of 498a but still these allegations are allowed and given color of dowry harassment to get the matter settled at the unlawfull terms of wife by systematic extortion and blackmailing of husband and his relatives who are hapless remedyless and are victimised on mere false allegations of the wife"

You Tube Link
https://www.youtube.com/watch?v=neXpFWY_Jus

There are plenty of vedios on you tube which scream about 498a mis-use.

SIMILARLY ISSUES AND DISPUTES MAY BE INVOLVED, BUT THEY MAY SURFACE ONLY IF PROPERLY ENQUIRED. 

Women & child have ministry for welfare. Animals too have ministry for their welfare. But no ministry for Men !!! 

Hi All, Thanx for your replies...

Arup,

Thanx for claification. But Such language was not to be used-But since Mr.Hemant concluded it to be mere false case with no pain vent on girls side.I had to use such language to make him understand the circumstances in which women uses such laws.

Hemant,

Its not that it was a one night/day fight and woman resorted to 498a.It was a sequence of events.And since the guys side wasnt ready 2 compromise-u tell me, what shud a woman do..

Do u think simply filing DV wud hav just helpd..?Again he wud hav listend to some ppl and their deadly advice and prolongd the case.besides he wud hav never understood the mistakes commited by him nd his parents..Thru this..while his stay in jail- he has confessed that he was also a partner in crime.  He did harass girl and was keeping her langering>but he says he dint intend  to do it..It ws his parents who made him 2 do it..He realized that marriages and wife are not to be handled thru someone else's brain(parents)..U hv 2 mke ur decision and stand by it..Parents will not suffer-but its you and girl who suffer the emotional turmoil..

I think..counselling is needed more for parents( of both boy nd girl) not to interfere in every small thing..

they shud be given their space and time to understand..the problem is guys parents interfere in every little thing which leads 2 problems--only then the real fights begin..

in this case, the boy has accepted that his parents are of stubborn nd pressurizing nature..

Besides,

I being the cousin of both.hav listend 2 both side stories...And its not that i am favoring girl..there mi8 be some false stories also as u mentioned...but thats applicable to even boys side right?

 but even after listening and seing so much...i can see both suffering a lot..though both nw know where they were wrong..they dnt hav a chance to ne reunite..

My quesn ws simple..

Is there any scope thru courts for this loving couple 2 reunite? does counselling hellp? what wud be furtjtu implication?

and what wud be d procedure 2 support dis thru court?

If Talaq had been given over email--- there are many remedies for the same, if the Husband loves his wife (Your friend) then the Husband should come forward and the wife had to follow the period of Iddat and thereafter they again can reunite.... Iddat period depends 40-90 days - in this way they again can reunite.

There are different laws for Muslims and Hindus, as there is basic difference in two marriages-- Under Muslim there is no marriage in the eyes of the law, it is mere contract whereas in Hindus it is sacrament a union of two souls for the entire lifespan and thereafter the death upto heaven.

A contract can be revoked anytime, anywhere whereas a marriage cannot:) Hope you got the basic thing about the Muslim and Hindus.

And most important thing is that to which sect she belongs -- Shia or Sunni as there are different laws for the divorce in these two sects.

they belong to Sunni sect...But quesn is even if he thinks of doing dat- does indian court recognize dis?

as the case is already in court? will case stand void? or they still hav 2 go thru counselling?

Lawhands,

                   I never concluded it as a false case. Though you seem to be claiming as neutral, but it is evident you are supporting wife, probably because you too are a woman.

You may go through these clippings…

 https://www.bangaloremirror.com/index.aspx?Page=article&sectname=News%20-%20Cover%20Story&sectid=1&contentid=2011020520110205000347844f421bd72

Here the wife - Sushma told Bangalore Mirror, “I wish I can just erase the whole thing from my memory. While staying alone, I realized that I had made a mistake. I am very happy now. My husband is really a nice man and loves me a lot. We are the happiest couple.”

You have also said “….. the problem is guys parents interfere in every little thing which leads 2 problems--only then the real fights begin…. ”  Do you think girls parents are always innocent people? See this clipping and observation made by none other than Delhi High court….

https://www.google.co.in/#hl=en&sugexp=nsp4&xhr=t&q=The+interference+of+parents+in+the+married+life+of+their+daughters+has+become+a+major+cause&cp=91&pf=p&sclient=psy&site=&source=hp&aq=f&aqi=&aql=&oq=The+interference+of+parents+in+the+married+life+of+their+daughters+has+become+a+major+cause&pbx=1&fp=6f9534472ab782a5

https://www.deccanherald.com/content/139191/hc-rues-parental-intrusion-ruining.html

https://timesofindia.indiatimes.com/india/Parental-intrusion-ruining-couples-marital-life-Delhi-High-Court/articleshow/7529075.cms

https://indianhomemaker.wordpress.com/2011/02/21/the-interference-of-parents-in-the-married-life-of-their-daughters/

https://www.punemirror.in/article/4/20110220201102200547022832e72f675/Parents-ruining-marriages-HC.html

https://in.news.yahoo.com/hc-rues-parental-intrusion-ruining-couples-marital-life-20110219-054000-684.html

https://www.telugucolours.com/cat1-id4328/newsdesc/%E2%80%98parental-intrusion-ruining-couples%60-marital-life%E2%80%99-

Parental intrusion ruining couples' marital life: Delhi high court

PTI,Feb 19, 2011, 07.50pm IST

NEW DELHI: The interference of parents in the married life of their daughters has become a major cause for playing havoc with the lives of young couples post marriage, the Delhi high court has said.

Do you think the observations of the Delhi high court are delusional?

This is not one case, but there are plenty of such cases these days, not few. Women also seeking heavy alimony or maintenance. Occasionally see through the eyes of a man in family issues. Well, young women will only realize when they become the accused / victim in a false 498A case, just for being the sister.

 I request you to be un-biased in your present case if you are a real well-wisher of this couple and don’t take sides while trying to solve their problem. Once again I wish the couple the best.

when they are sunni, the matter comes under mohamedan personal law.

the husband has the right to talaq.

reconciliation welcome but she should not be rigid.

" even if he thinks of doing dat"

---   perhaps you want to know about his 2nd marriage, yes he can. even without divorcing her he can marry upto four.

as the case is already in court? will case stand void?

are you talking about divorce case or 498a case?

according to mohamedan law a spouse can claim legal divorce ( which done through court) apart from customary talaq ( divorce).

498a / dv will be continuing, till court orders to finish the case. the wife will be called for witness onetime.

Hi..All,,

Thanx for your replies...

Will definitely take your inputs.. and try 1 last time talking to both-my sis nd bro..

make dem understand dey still hav a chance 2 reunite and live happily instead of fighting and wasting years in court..

Arup,Gulshan,

1 Last quesn.. Suppose If both guy/girl agree..wat will be future steps 2 take..

1)As gulshan said,as per muslim law,Boy will hav 2 cm  nd agree he wants 2 be wd wife .

2)Girl also wud hav 2 agree 2 stay wid him..

3)Legaly,wat steps 2 tke..nw since case is in court..what if both reunite..wwill case backfire on dem?

or will it stand void..or does she has 2 close it?

4)Should dis be communicated2 both via me or thru court counsellors//? wud counselling sessions help dem?

wud counselling sessions help dem?

---    counselling is - for  the purpose  of helping  them.

Well, about the muslim law, my learned friends here will enlighten us. As far a 498A is concerned- if it has entered the corridors of court/ chargesheeted, then since it is non-compoundable the wife will not be able to take back her complaint. She has to go through the entire trail of proving the 498a case with evidence or go for mutual quash at a higher court. Maybe that will solve the problem.

Arup, 1 Last quesn.. Suppose If both guy/girl agree..wat will be future steps 2 take..

1)As gulshan said,as per muslim law,Boy will hav 2 cm nd agree he wants 2 be wd wife .

2)Girl also wud hav 2 agree 2 stay wid him..

---   both the spouses has to be agreed on the formula, then the counseling will be successful. Otherwise not.

3)Legaly,wat steps 2 tke..nw since case is in court..what if both reunite..wwill case backfire on dem? or will it stand void..or does she has 2 close it?

--- if they reunite, court will not have any objection, because the total efforts is, for the reunion.

4)Should dis be communicated2 both via me or thru court counsellors//? wud counselling sessions help dem?

---   Counseling through court is part of the court process. Court ordered upon them to go on counseling.

Counseling on your own efforts also available, in that case court will not object.

Basically it is a mutual understanding, by help of a third party.

Dear Sir,

Forget about 498 case or anyother case thats all different cases, if you succeed in counselling then court cant do anything - Like MR arup says its all about re-union

but shariat law is totally differnent

A shariat law build on haram & halal, no one in the world cant force a muslim to accept haram ( when i say muslim that is for both female & male) haram & halal applicable to both men & women

Before giving talaq we must follow below process otherwise "TALAQ" is not applicable

1) reconciliation between you & wife from you directly

2) reconiliation meeting infont of your ( relative/wellwishers) and wife ( relative/wellwishers) or any common 02 people

3) send the first TALAQ with IDDAT period

4) send the second TALAQ with IDDAT period

5) then final TALAQ with Mehar amount ( if you have paid in nikah then no need) and a gift to your wife ( that could be a lumsum amount or ornamounts as per your financial condition

Now  its all about our "neeyath" its between you & Allah, you can hide your real situation & facts but Allah knows everything, By fear of Allah if both have done all the options and followed all the above process and you have given enough time to your wife to decide ( you did your best to keep this marriage alive but your wife turn out all the options) and you have decided to pronounce talaq with the valid IDDAT period, even then she didnt join and dosent care about "akhirat" then you dodnt have to worry about - your talaq is valid

If  husband dindt follow the process the "TALAQ" is not applicable

Its all in our believes and we believe allah - allah teach us about haram & halal that is what we follow, even in other religion there is haram & halal but indifferent names

In our religion Allah teach us about relationhip/ respect/ love & resposibility to both men & women which we follow

Remember onething - Triple talaq in one pronounce is not valid, and also Allah hate talaq & warn us to not to misuse of freedom which allah has given to us ( specially for men)

Talaq must be on "last resort' where all other options failed, otherwise allah urge us to be patience with our wife as allah made them from "mens rib" they cant be sraight and we cant force them to be staright as they will broke. But at the same time if a women took the advantage of her husband softness towards her/ dosent cohabit with husband/ dosent involve or showing interest in marital life/ ignoring physical relationship/ aborting religious order / involved herself in adultry etc then a husband has rights to pronounce talaq for boths better future

Women has resorted to file 498A and DV against husband. And now she is expecting her husband to take her back in life. Wife has already crossed her limits by filing criminal charges which the entire family of boys side has to face.

Just imagine if there was 498B and as Mr TajobsIndia say Bharatratna DV act for men then if the womens side were tormented and tortured by Law and Police then what would be the outcome.

Biased women to these law shud think that at the end of the day if they have a brother or a son and his wife or daughter in law implicates and resorts to 498A & DV then what would she do in that case.

DV & 498A  claims are manipulated by Lawyers to see to it situations and events are dramatized such that particular sections in the law would be applicable and mental harrasment is caused to the other party including his family.

Yes there would be true genuine cases but proper evidence is necessary to prove that.

Why do people not simply understand that in a husband wife relation there could be domestic violence from both the sides. It is not that womens are always the victims.

I hope and pray that anything like 498A /DV does'nt happen in the family of women centric supporter of these biased law provisions in the forum. If that happens to any male member of their family then they will realize how it feels while going through mental trauma.

Story as I see,

1. Husband files divorce.

2. Wife resorts to conseling

3.Counseling fails. Wife files DV & 498A

4.Wife expects husband back after filing and harrasing husband on Criminal grounds.

LAWHANDS can u pls explain. After criminal charges a husband is bound to loose complete trust and how can one he back a wife on whom he can't trust anymore !

In fact after failure of counseling efforts if wife was genuinely interested in saving marriage then she shud have resorted to mediation efforts through court. she and her family could have gone for a 3rd party counseling to be suggested by husband/wife whatever was to be mutually decided. If husband files for divorce does'nt mean that divorce is granted. She shud have waited and resorted to other efforts if she was genuinely interested in saving this marriage. Instead she files criminal charges. Its all an afterthought. Just imagine if husband had a right to file criminal charge against his wife. Will wife still be interested in this relation. The answer is a big NO.

5. After the cases u say Wife still loves husband. A person who genuinely loves somene dooes'nt go to the extent of booking him under criminal charges (false/true court can decide). Love is all about giving and what ur cousin has done is called as REVENGE. Instead of love it was hatred. So please don't fool people in this forum and try nd gain sympathy of supportes of women eccentric laws. In my opinion just because there is a biased provision made in law for women they are misusing it against men. If husband does not want to stay with wife due to matrimonal discord means women has right to file DV & 498A ?

I am sorry to say in this case Divorce looks eminent. Since husband filed for divorce. it could/could have not been granted. There was 50-50 possibility. Wife out of revenge files DV & 498A chances of husband staying with wife are remote henceforth. Unless husband is some generous RISHIMUNI who can forgive all the evils.

Also, the womens in this forum DV & 498A supporters do not know the other side of the story ie Husbands side and they start giving advises as if they r fightiing a case for these women who always polish their side of story to gain sympathy and help from respected lawyers in this forum.

I think when someone asks for a genuine help...lawyers be4 replying shud know the facts viz at least case no if in family court/ in DV court. I know its a difficult nd thankless job of giving advise. My thought is that if genuinely someone is in trouble then please help whether a man or woman. However try to ascertain the facts before helping them with advises. Itss difficult but atleast you can be sure that you are not helping people who are real culprits and just come here portraying false stories (True may be ascertained) to gain sympathy and help from eminent lawyers.

The fact remains that aggrieved party has his/her own competant lawyer in most cases. But still they come up here for more ! Nothing wrong in that. However eminent lawyers before replying pls try and understand genuiness of a case coz at the end if thats not ascertained  then they r doing indirect crime by helping a criminal........

Thanks & Regards

@RahRamJosh

Before giving advice to experts here..look at what u have done.preseumd and assumed things ...

u urself dont knw the oder side of story and inface u have assumed that the girls story/efforts are false and given brief defn of LOVE and HATRED.,revenge etc,,

SOrry to tell u..first follow ur own advice..if lawyers hav put forth here something then thats based on the inputs given by my case...and whether..

For ur kind info,, u shud teach dis REVENGE?LOVE lessons to those husbands and mom in laws who take revenge for every small thing when girl is within their family..

for eg: If tea isnt sweet enuf, they taunt her to death and make her life miserable..and create misunderstanding between deir own son nd his wife..without realising that they r hurting their own son and creating points in girls mind to take some serious action.....they themself just to satisy deir ego...tke reveneg in every possible way..asking deir son to even beat his wife and not to treat her as a human being..

wwats dis then?? diese are also forms of REVENGE AND HATRED...

THere is no SMOKE WITHOUT FIRE>>.remember this thing forever...