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Tanny050 (NA)     13 April 2014

Wife saying will not give divorce

Experts,

I had written a post in october on my divorce. I have applied divorce in month of Oct 2013. Reason being cruelty and desertion. though she is having an affair with her boyfriend we have not mentioned it due to the fact that evidence are bound to be destroyed by her.

 

Following  the case, 6 dates have been given and they are yet to file objection. Mediation happened in january and meanwhile judge changed and she proposed for one more mediation which our lawyer manged to get it dismissed.

We filed divorce after trying to mediate and they were not coming for mediation also. In meanwhile, we have given police report that she has not come to home since march 2013 in Sep 2013.

In mediation, she told the following:

1. I will not give divorce as my father's prestige will be down in the society

2. I have not had S** with my husband as he is a stranger to me.

3. I Want to follow my words and should live with me.

How to prove that she has said the following in mediation? Mediator also suggested her to give divorce and lead a happy life as she has not shown any interest in reviving family ties. for which she shouted at her.

In march she skipped one hearing as it was on weekday. Her lawyer did not attend the last hearing and judge asked her if she wants to go back As usual she said i have conditions to go back. Judge said why i have not filed RCR?  We told that we have tried to call her back and when there was no reply to lawyer notice, we proceeded to give divorce.

Meanwhile, due to the mental tensions, my father had a heart attack. This is really scaring us. they have made allegations on him in the notice where in he is no way involved in this matter.

Problem here is that they are not ready for divorce and want to stick to us like leech to extract money by not giving divorce. they are not saying what settlement they want.

She works in a reputed software company n bangalore and earns 30K per month. she shows bipolar disorder symptoms.

I know that she has been instructed by her lawyer to drag the case. Now she will stop attending court and come once in a while to make sure that the case is dragged. Need your advice on the following matter to make headwind.

It is clear that they want money to settle the matters and we have told them that what ever they have given in marriage as gift shall be returned and also we expect vice versa.

To inform you all i have the e- evidence of her misdeeds which i can produce during evidence stage. 

Replies and suggestions to move forward will help me more.

Thanks in advance.



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 3 Replies

T. Kalaiselvan, Advocate (Advocate)     13 April 2014

What is that you want to clarify by posting such a lengthy narration here?,  If your divorce case is going on and that she is not cooperating, your lawyer may insist the court to proceed with the trial as per the provisions of law and not to give them more and more time which has been thoroughly misused by them. It will depend on your lawyer that he he prosecutes the case.

Laxmi Kant Joshi (Advocate )     13 April 2014

keep all the proofs of her job , salary , and her cruelty and desertion with you , it will be used at the time of evidence , tell your lawyer to raise high objection in the court on her tactics to delayed or lingeron the case .

mahavir singh (ADVOCACY)     13 April 2014

I feel your lawyer is not aggressive it is a clear cut case of harrasment by wife and further keep on harrassing you yr dad got attack and all, she is working too. Its a delay and lathergic attitude by yr lawyer. Just talk to mahavir singh advocate on 09910657998.

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