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Krishnamurthy Balasubramanyam (Manager)     21 August 2012

Regarding my divorce

Dear Sirs,

In continuation with my previous submission we are thru' with all the three rounds of counselling.

We have not reached a consensus on anything. She is adamant on divorce and I am adamant on saving the marraige. The case will I think be referred to the court. I have a few queries w.r.t the case.

1. What will be the first step after filing the counter to her petition?

2. What are all the relevant documents, papers, etc I will have to provide as evidences?

3. I have a dormant fear that in order to arm twist into accepting the divorce she may file 498a or related cases. IWhat precautionary measures should I and my family take? She has repeatedly said that she has no issues with the in-laws but she has a lot of hatred towards me. In  this context I have my apprehensions on her actions(future). I have heard of SIFF, 498A helpline and all. Will approaching them be of legal help. Our marraige is 10+ years old and my lawyer has assured me that the chances of filing such cases are slim.

4. All thru' these 10+ years there has never been even one single incident wherein we were made to compromise after a fight or something like that. Will this help in my deposition before the judge?

5. Her brother and mother seem to be the main conspirators behind this entire drama which has unfolded in my life. How can I prove to the court that they are responsible for all this mess?

Please render your valuable advises to help me tide over perhaps the biggest crisis of my life.

 



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     21 August 2012

1. Yes you would have to file a Written Statement/a Reply to her divorce, if you intend to keep her file a counter claim for RCR as well. 

2. Evidences depend on the facts of your case, include all that you intend to rely upon in evidences. 

3. These organisations provide good advisory. The articles are of great help. 

4. Read this https://bharatchugh.wordpress.com/2012/07/07/how-to-fight-a-false-498a-case-in-india-a-step-by-step-legal-strategy/ on how to guard against a false 498a. 

 

Good Luck !

Tajobsindia (Senior Partner )     21 August 2012

Option 1: Ask Court to send parties for Psychiatrist Counseling which is as per Family Court Act Rules is possible remedy. Try that avenue out too so that you have better sleep at night least you feel that you did not try this angle out to save marriage J

Option 2: Give her divorce with least contest and save yourself and your family from possible 498a / dv act for next XYZ years and heavy legal fees for that peace of mind.


Option 3:
Enroll yourself in legal studies and defend your restitution of marriage case legally. However if one spouse does not want to live with another then Court cannot help the other spouse it ends in a divorce.

Pick one option after due reasoned self thoughts.

1. What will be the first step after filing the counter to her petition?
Take: She will file “rejoinder to your W/s”.

 

2. What are all the relevant documents, papers, etc I will have to provide as evidences?
Take: He he saving marriage what ‘documentary evidence” one can file ! Nothing, other than bank a/c that each month so much money I spent on her upkeep is one. Second is bringing your family as witness for “finest treatment” meted to metro wife Third is to file S. 9 RCR under HMA showcasing same Court how divine you as husband were.  

 

3. I have a dormant fear that in order to arm twist into accepting the divorce she may file 498a or related cases. What precautionary measures should I and my family take? She has repeatedly said that she has no issues with the in-laws but she has a lot of hatred towards me. In this context I have my apprehensions on her actions (future). I have heard of SIFF, 498A helpline and all. Will approaching them be of legal help. Our marriage is 10+ years old and my lawyer has assured me that the chances of filing such cases are slim.
Take:
Refer to https://www.498a.org/pre498a.htm for pre 498a. Your lawyer has hinted of DV Act and you heard 498a nevertheless both are on the cards. Reason being if a metro wife files divorce she gets it even if she files IPC or DV act or not.

 

4. All thru' these 10+ years there has never been even one single incident wherein we were made to compromise after a fight or something like that. Will this help in my deposition before the judge?

Take: With such deposition her case will become weak but then 498 and Dv hai na !


5. Her brother and mother seem to be the main conspirators behind this entire drama which has unfolded in my life. How can I prove to the court that they are responsible for all this mess?
Take: By witness cross examination on daily interference of MIL and by letters / emails / recordings of such protests.

But before picking up one option from above three try out seting-up mediation with elders and neutral persons known to both sides to end matrimonial acrimony and endeavor to bring back harmony in your marriage. Fault rectifying and little adjustments here and there will be done by both sides for a harmonious marriage.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     21 August 2012

1. Yes you would have to file a Written Statement/a Reply to her divorce, if you intend to keep her file a counter claim for RCR as well. 

2. Evidences depend on the facts of your case, include all that you intend to rely upon in evidences. 

3. These organisations provide good advisory. The articles are of great help. 

4. Read this https://bharatchugh.wordpress.com/2012/07/07/how-to-fight-a-false-498a-case-in-india-a-step-by-step-legal-strategy/ on how to guard against a false 498a. 

 

Good Luck !


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