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Want divorce and husband is not cooperating

Page no : 2

D Seikhar G (self)     28 March 2014

I have a suggestion, Give alimony to your husband sure he will agree for divorce.

Varun Singh (GM)     28 March 2014

Dhara, you are among few wives who is desperate to get divorce but husband is playing tricks! mostly its other way round. ! I wish every man should have a wife like you..

How can court compel two person to stay together.. funny indian courts..!

On a lighter note.... you mind me of "Dhara Dhara Shudh Dhara"

Varun Singh (GM)     28 March 2014

Dhara, you are among few wives who is desperate to get divorce but husband is playing tricks! mostly its other way round. ! I wish every man should have a wife like you..

How can court compel two person to stay together.. funny indian courts..!

On a lighter note.... you mind me of "Dhara Dhara Shudh Dhara"

1 Like

Saurav (Engineer)     01 April 2014

Lawyers are just there to make their fast buck thats all.

Gautam Kapoor (IT professional Studying Law)     01 April 2014

ACERBIC ? Please refrain/desist from passing generalised statements.If you have read Dhara's post dilligently you would have taken note to the fact that she herself has admitted to filing a false 498a case.

@Dhara-TALK TO YOUR HUSBAND AND YOUR LAWYER ON THE BELOW TO SEEK A COMPROMISE.In 498 - If charge sheet is filed by police trial will go on and you need to provide evidence in the court (you can turn hostile to your allegations).If charge sheet is not yet filed then give a restatement to the police that you don't want  to continue the case and want to withdraw the complaint. On the basis of your statement police will file B report i.e., false report. Once the B report is filed by the police,the court will see whether there is any protest by you, if not the B report will be accepted and case will be closed.

Secondly,coming to remarriage-Exparte divorce can be challenged or set aside with in 90 days.Advisable,not to marry before.After this re opening the case is not maintainable.

In my honest personal opinion - No man will/wishes to marry a 498a woman and even if he marries the suspicion will always linger in his mind (STAY PUT... EMBEDDED), HE IS AGAIN HE,and if HE knows that the allegations were false, so you be the better judge whether you intend to reveal this to your next hubby.

Set him free and you be free.

Gautam Kapoor (IT professional Studying Law)     01 April 2014

@Hema -Don't have time to drill out false cases but here a couple. If you kindly provide us the stats where magistrates have rebuked. I WILL BE ENLIGHTENED.

https://www.lawyersclubindia.com/forum/How-to-withdraw-498a-Without-consent-of-husband-26059.asp#.Uzow3fmSyao

https://www.lawyersclubindia.com/forum/Victim-seeking-revenge-90711.asp#.Uzo6A_mSyao

Samir N (General Queries) (Business)     02 April 2014

@Dhara,

You have attracted a LOT of comments. Here's my advice:


Forget your past actions and inaction. They had ramifications but there is nothing you can do about them now. Think of moving forward in a reasonable and unemotional manner. Before you take the next legal step, read on applicable Acts concerning Marriage and Divorce concerning your religion.


If you approach an advocate, he will advise you to file DV, divorce, 125 Cr.PC., interim maintenance application and God knows what else. This time be smart. All you need is a divorce so make things simple. As advised, file for divorce based upon desertion and cruelty. Remember that you will not get divorce based upon cruelty because thats a very difficult bar to cross. Let that be a subterfuge, kind of a digression to take his attention away from the main target: Desertion. File for maintenance as part of your prayer but do not ask for interim maintenance. As you intend to remarry, this is only academic for you as you will not qualify for any maintenance the day you get remarried. Therefore, do not waste your time on it. It is just to be used to motivate your husband to enter into settlement.


If your husband does not appear, make repeated attempts to have the complaint/petition served upon him through the Indian Consulate, his employers, etc.  You will need this evidence when he seeks to reverse the Ex Parte decree, which he must be advised by his advocate is very easy to do.  The more evidence you collect of efforts you make to serve the divorce petition on him, the more are your chances of prevailing in his appeal to reverse the Ex Parte decree.

 


Be assured that he will file the appeal within 90 days so do not be too optimistic of getting married within the 90 days period. It happens all the time because good advocates advise their clients to do precisely that... just to buy time and restart the procedure all over again. You need to be armed at that time with all defenses to thwart his efforts to reverse the divorce decree.

 


Do not lose focus:  Goal is to get divorce not to harass him. Therefore, restrain your advocate from taking steps that will only delay the proceedings and increase your costs. 

 


Do not take back any complaints at this time because if you do so that effectively and legally speaking condones the allegations and cannot be used in your divorce petition. Of course, you can do that and should do that, as part of a Court-approved settlement to put the past behind you and let the two of you move forward.
 

GOOD LUCK!!! Don't mess up your second marriage too, the same way... I mean by filing all kinds of cases.
 
1 Like

Nishant (BDE)     02 April 2014

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ALPESH (practice)     02 April 2014

you can give in writing after settlement that you withdraw the suits and complanit but dont give in writing that all complaint and suit are false. and now adays summons can be served by fax email and courier by reference to order 5 rule 9 (3) of code of civil procedure.

**Victim** (job)     03 April 2014

You can do whatever you want but cannot stop him from filing any case in future. Court has to listen to each and every petition on merits. What makes you think you will come out clean  and you will easily remarry to someone. In your case husband itself doesn't want to come of out this - so just imagine how much damage you have done to him , bottom line is he doesn't want to compromise with you.

**Victim** (job)     29 April 2014

Originally posted by : heera
Wow ! What a Drama...So NRI status aka H1B visa is helping husbands to avoid divorce cases and hide themseleves in another country. But How long one can hide. H1b visa max is six years unless his green card is also on the pipeline, which many companies are not offering nowadays. So indian men can demand their wife to be shoe sole lickers because some other country offered them a job. Very bad use or Abuse of H1B Visa. This should be brought to the attention of immigration reform activists in USA.

"SAU CHUHE KHAAKE BILI HAJ KO CHALI". You got some serious problem or what ? You are completely off the topic here. Is this query about H-1 B visa ? No ! then why are you starting unnecessary discussion.

Reformist !!! (Other)     29 April 2014

Lol, Heera has diverted the topic to H1B and he/she want to inform immigration reform activists in USA.

Why u want to inform immigration reform activies, write directly to Mr.Obama on this topic....Charity begins from home ...... These unscruplous people can go to any extent, only god can save the,

**Victim** (job)     29 April 2014

Originally posted by : heera


Originally posted by : **Victim**



Originally posted by : heera Wow ! What a Drama...So NRI status aka H1B visa is helping husbands to avoid divorce cases and hide themseleves in another country. But How long one can hide. H1b visa max is six years unless his green card is also on the pipeline, which many companies are not offering nowadays. So indian men can demand their wife to be shoe sole lickers because some other country offered them a job. Very bad use or Abuse of H1B Visa. This should be brought to the attention of immigration reform activists in USA. "SAU CHUHE KHAAKE BILI HAJ KO CHALI". You got some serious problem or what ? You are completely off the topic here. Is this query about H-1 B visa ? No ! then why are you starting unnecessary discussion.






Mr **Victim**, You have very aptly chosen your screen name. Your life will be an on going victim saga...May be even worthy of a realty show series. The fact is that if any favorable laws needs to be passed for male right activists, it needs martyrs like you. So enjoy your martyrdom.

If i choose my name wisely then you did the same ! So called "Heera" ! Do you call yourself "Diamond" that is shinning yet there is no one even to look at it because you are dumped by your husband. Go find some "Nigga" with low pants showing their boxers and they will treat you like a queen.

**Victim** (job)     30 April 2014

You are calling a brown skinned guy to be a racist ? How often you have seen indians sitting, drinking, and eating together with blacks ? Very often right ! So don't even go there and why are we going off topic again ? The goal is to find some ghetto for you.

Reformist !!! (Other)     30 April 2014

NRIs use their NRI status to attracts Hi-Fi wifes right ?

>>>Here Hi-Fi wives get attracted only for "MONEY"

or Why initiate marriage when you are NRI.

>>>Ok, so u wud now want every person to act and react as per ur whims and fancies or ur wish ?

The guy can get married after he stops being an NRI.

>>>Ok, do u want NRI to shift back to India and again act as per ur wishes. U dont need husband, u need a dog then.

Now who forces NRI to marry ? His own parents....hoping to grab grant dowry from girl family.

>>> Ur 1st statement is contradictory to this line. 1st u said, NRI uses his status for a wife to get attracted ...i.e. money.....i.e. girls and their parents gets attracted to NRI status because of his status and money..........and now as per ur minute understanding, u term NRI a dowry seeker, who was using his status and money to attract the girl. A salute to ur written arguments :)

Marriage is business in India. When will Indians start marrying for love ?

>>> Of course its a business and 100% PROFITABLE business. Spend only 2 lacs and ask 2 crore in reply and after final settlment get atleast 20 lac as permanent alimony. No other business in India has such profitable income tax free returns.

and why are parents still in charge of marriage. Can't they let their son's make marriage decisions ?

>>> Oh really, everyone including u know that who actually interferes. I need not to explain this to you. After marriage, i would suggest u to get a man as GHAR JAMAI and take ur decisions urself (ask ur parents to leave their own house) and then take decisions with ur GHAR JAMAI hubby.


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