Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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vinay (employee)     26 January 2017

Settling the matter ouside

Hi team I am undergoing divorce and false 498a from last one year, we are trying to settle the matter outside the court. Now the complainant or wife wants to come back in my life. I don't want to accept , since her ego and attitude had not changed when talking with my elder person. She clearly said that I am not fit for her only to harsass she wants to come back. Even recordings are also there. Please need your suggestion on this. Divorce also in process . It's almost one year completed and now we need to file counter petition for affidavit and to set aside exparte . After this what's the next process to get divorce granted from my wife.


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 3 Replies

saravanan s (legal advisor)     26 January 2017

You can't stop your wife from entering your house even though false 498a and divorce case is running in the court unless the house is not on your name.if it's on your parents name or something like that then they can obtain a stay against her in the court to prevent her from entering the premises.

(Guest)
Originally posted by : vinay

Hi team
I am undergoing divorce and false 498a from last one year, we are trying to settle the matter outside the court.

What do you mean by settling matter outside court? Did you take dowry?  It appears so, people who have taken dowry or accepted huge gifts only will talk about settling matter outside court.  If you have taken dowry  from her, return it formally in court itself.  That will save you from further humiliatoin and also get you divorce easily.  If you settle matter outside court, it will be almost impossible to get divorce in this lifetime.

 


Now the complainant or wife wants to come back in my life.


I don't want to accept , since her ego and attitude had not changed when talking with my elder person.

Ask her to change her ego, if she changes, fine if she does not, ask your elder person to stop expecting/stop expecting that she will shower what you want to be showered on your elder person from her.  This will easily solve the problem.  Expectations lead to miseries.  Stop expecting and most of the things will be fine.

She clearly said that I am not fit for her only to harsass she wants to come back.

If you are unfit for her, why did she marry you?  At least you should have not agreed to marry her as she feels you are unfit for her.  One major problem for life could have been averted if you would have disagreed to marry her.  Now that you both have and she still feels that you are unfit for her, make yourself fit for her.  Improve for sake of your wife.  If not for her for who else will you imrpoove?  Marriage is all about being in a improved state all the time.  Ask your parents, constant imporvement is the only reason for their long married life.

Even recordings are also there.

If recordings are there, listen to it over and again.  It will help you overcome any guilt and help you to improve yourself according to your wifes standards.  Such recordings will not prove anything.. It is not wrong on behalf of wife to expect her husband to change, for the good or better.  Such things wont go against her. Marriage life is adujstment life, and needs constant improvment, all courts agree and wont grant you divorce on basis of this.


Please need your suggestion on this.
Divorce also in process .
It's almost one year completed and now we need to file counter petition for affidavit and to set aside exparte .
After this what's the next process to get divorce granted from my wife.

 

Kumar Doab (FIN)     26 January 2017

One prespective is to take another house on rent and stay alone with wife. Try to avoid bitterness and save marriage.

Or try for MCD.

Or contested divorce.

 


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