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Harsh (abc)     25 May 2014

Wife filed divorce u/s 13 ia

Dear All,

 

My wife has filed divorce case in family court u/s 13 ia ( with maintenance) which got the first hearing on 6.Jun.14.

I donot wish divorce. What shall I do now?  Please guide me.



Learning

 23 Replies

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     25 May 2014

You have to defend the case by entering into appearance in the said case proceedings on the first hearing itself i.e. on 06th June 2014.

 

There is a chance to give proper counselling to the parties concerned, which may result in amicable settlement.

Harsh (abc)     25 May 2014

Hi Mam,

My wife left home on 26.12.2013 with her parents and thereafter meetings her parents always been after divorce and maintenance. My parents also put an option of staying in separate apprt but they refused it point blank. My father called her  up twice to come back that also she denied. She never answered my phone calls before filing the divorce.

She had filed divorce with all false petitions and used my email as an instrument in this case in which i shared my personal life with her. I have no repent sharing personal life with her, I just do not wish the divorce.

Hws the meditation goes off in family court?

 

Regards,

Harsh*t

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     25 May 2014

The Apex Court on Friday (22nd Feb 2013) issued directions to all courts dealing with matrimonial disputes to settle all matrimonial disputes at first instance through the process of Mediation. The Supreme Court directed Family Courts and Criminal courts to refer parties to Mediation Centres to settle disputes through settlement under mediation. Mediation is an alternative process of resolution of disputes by trained mediators.

The Supreme Court of India directed Family Courts in view of section 9 of the Family Court Act to make all possible efforts to settle matrimonial disputes especially in relation to maintenance, child custody etc. through the process of mediation and to refer parties to mediation centres with the consent of parties. The apex court observed that the family courts should endeavor settlement of disputes through the process of mediation even after the filing of failure reports by counsellors. The Family Courts take the help of Counsellors in settling matrimonial disputes during the course of trial. The Court further observed that family court should set reasonable time-limit for the completion of the mediation process by the mediation centre so as to not cause any further delay in resolution of disputes by the family courts and observed that they may extend the time limit for mediation proceedings.

Harsh (abc)     25 May 2014

Dear Sir, Thank you for your reply.

By asking questions I might be bothering you. I beg your pardon for the same.

Just want to know about maintenance clause which she has requested for -

Whether maintenance starts before /during/after counselling?

If I am ready to continue with her , and if she denies even then I need to pay maintenance?

Regards,

Harsh*t

Jai sai baba (No mercy for B)     25 May 2014

Dear Ramcharya sir.

 

Supereme court of india also directed all courts that bail should be given to 498a cases as routine, but no one is following. today also many of the innocent parents and sisters are getting trapped behind the bars for false FIRs.

 

I think supreme court is not a law of land anymore.

Jai sai baba (No mercy for B)     25 May 2014

Dear Harsh,  

 

first of all you should treat yourself as lucky that your wife wants divorce from you.

People spend life in courts just to get divorce from their wife.

and u are lucky as well as you  did not get any 498a or DV which comes as combo pacakge,

 

If she has decided to part away from you then why u want to live with her? think !

Even if she comes back do u think u two can live happily after all this court dates and all ? if yes then defend it and go for amicable settlement with the help of elders.

If she has decided to divorce, she might have thought a lot before going to court. she may have harrassed you and your family by lot of other cases. 

 

So think properly and discuss with your parents/elders. what does she want. ? 

what are the things not keeping her happy with you... if u think u can kepp her happy then it ok go convince her. if not. then my friend no need to defend the divorce. let her go..let her live her life..and maintaince etc can be resolved if u guys decide for amicable one time settlement/

No force can push her to live with you or  you with her !!

A non lawyer

Harsh (abc)     26 May 2014

Dear Non lawyer ,

Thank you for your time and pieces of advice.

From my point of view people do change with time. Life is not bed of roses it has got thrones also.Divorce - unwanted thing. 

Anyways life will unfold it secrets. 

Regards,

Harsh

ANAMIKA VICHARE (LAWYER)     26 May 2014

I agree with Jai Sai Baba

Gautam Kapoor (IT professional Studying Law)     26 May 2014

Agree Harsh... you have the hindsight and even the foresight to forsee what life is made of (roses or thorns)

Harsh (abc)     26 May 2014

HI Anamika mam,

Does it mean my wife is after money?  In that case I really do not see any amicable solution because when it comes to money things go awry. 

I am really tensed now...

 

Harsh

Harsh (abc)     26 May 2014

Hi Anamika Mam,

Does it mean that my wife is after money? If that is the case then things will go awry.

 

I am really tensed now...

 

How active is meditation in family court?

 

Regards,

Harssh

Harsh (abc)     28 May 2014

Dear Experts,

Do i need to file conjugal rights petition before or after counselling session if i do not wish divorce?

 

My wife has filed divorce u/s13ia and got first hearing on 6.Jun.14. 

Harsh*t

Harsh (abc)     29 May 2014

Dear Experts,

Please advice ....

Jai sai baba (No mercy for B)     30 May 2014

Harsh,

I agree life is not a bed of roses.

But believe me your life is still a bed of roses.

 

Ask those people whose wife file divorce..498a...DV ..maintainance.

They know the feeling of thorns.

 

My suggestion was only to analyse the situation under which your wife has filed divorce.!

Find out the reason. whether its you or something else..unless u know the reason ..you wont get anything out of wandering.  you can file conjugal rights petition...do u think that will bring your wife back ? 

There are hell lot of people on this forum who can tell u about not filing conjugal rights. no one recommends you that except lawyers. coz thats a  legal way of getting your wife.

 

you file one case, she will file 3 case, and then both spend your life in courts. and yes then life will unfolds its secret for sure ! 

its a bit sarcastic but no hrad feelings :)


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