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Ramesh (xyz)     22 December 2012

Wife wants divorce

After the 16 years of marriage life and 2 kids, now wife wants divorce from me because of my neighbour (She is in love with that guy).  But me, my parents and her parents also don't want this.  But still she has decided not to live at either my or her parent's house.  She has found some working women hostel and aslo found job in beauti parlor.  She has done well advance planning as below:

1) Found job and hostel for living in advance.

2) Has filed divorce case (False mental and physical harrasement ground) and also got protection order against domestic violence (She has sent one copy to me and her family and also one police station)

3) And also in planning of filing false 498A case against me and my family...

So please give your valuable suggestions for the following

1) How can i call her back because I don't want divorce from her... (Will she can get divorce based on false mental and physical harressment ground)

2) If any one can go to her place, will she do any legal action against us??

3) What should we do for false 498A case??



Learning

 3 Replies

vishak (manager)     22 December 2012

what about kids

Tajobsindia (Senior Partner )     22 December 2012

Observation:-

You have come here three times with copy/paste same questions. Replies were given. I can understand you are not satisfied with the replies thus again we see your repeat query.  Here I will attempt giving you remedies the way I see it and finally suggest investing time and money and take further guidance via Chamber discussion with an Advocate in your locality as there in your case I see our remedies cannot work as substitute in comparison to face to face discussion with an Advocate found via reference locally.

Remedy:-

Found job and hostel for living in advance.

Take: Seek help of a friend and find out details of her hostel such as is it private or govt. one, hostel fees charges, send a female friend to beauty parlour and take pics of services your friend is giving to female friend of yours (this female friend should be bold and convincing enough to entice your wife why she is taking pictures of beauty treatment your wife is giving on her for the same cook up some storyline and the pics should have time/date stamp when processed via a regular photo shop and processing bill is also required when produced in Court. These two are called evidence gathering of her shelter and capacity of earning an income thus no maintenance and no right to residence she is entitled of and read with she had deserted you and did not took consent to live separately.  

Has filed divorce case (False mental and physical harassment ground) and also got protection order against domestic violence (She has sent one copy to me and her family and also one police station)
Take: The grounds are generic which either spouse take to service divorce suit matter. It all depends on quality of such grounds and if she is able to prove 50% the divorce decree she gets and if she is not able to prove then no decree yet the case prolongs and ultimately you have to give in and follow mutual consent route to end a 16 + year old marriage. My suggestion without offending your sentiments is to keep a low profile while contesting divorce case and stick to restitution of your conjugality i.e. say you want her to come back and cohabit with you and leave the case to her to prove. Regarding domestic violence case it seems some protection order she manages whose special knowledge only you have not the forum from whom you are asking remedy so be in our position what remedy you expect us to give when we our self donot know out of the 5 protection orders a women seeks claim on which all she got? There is another way to reply to domestic violence reference you stated here; it also looks you already in touch with advocate for contesting DV case or she managed it ex-parte so more clarity required to make a sensible reply to your later question under this query.

 

And also in planning of filing false 498A case against me and my family...
Take:
You are required to consult hired via reference Advocate as there is no substitute if you have a feeling about her ‘plans’. However meanwhile you may study remedies stated at https://www.498a.org/pre498a.htm when it is in planning stage and what one is supposed to do.

 

 

How can i call her back because I don't want divorce from her. (Will she can get divorce based on false mental and physical harressment ground)
Take: If she has filed divorce she has to prove grounds and if you resist shen she may not get a divorce. This means you still cannot force her by any act of God to cohabit with you yet on papers (society) you will remain her husband. The remedy here is to resist initially and then give in via mutual consent route with minimum damage as no act of god can re-unite an unwilling spouse with a willing spouse it is as simple a theory in practice in society that one keeps in such acrimonious relationships as one can hear and digest sooner the better.

 

If any one can go to her place, will she do any legal action against us??

Take: The alternate is to request either Court where divorce / DV case running to marriage counselor or for reconciliation in front of a mediator. Since you said above some Domestic Violence case is live and some protection order whose special knowledge only you have are there then under such adversial situations it is not advisable to approach her without Court order and what better then to approach same Court and request for reconciliation proceedings where both of you can face each other and chalk out differences and may re-unite !


What should we do for false 498A case??
Take: Read and understand the link I placed above.

I understand you are handicap person (special need) with long years of marriage behind you coupled with children in your custody and facing deserted wife and probably some extra marital experiments one party is alleged to be indulging (which is grave so far as proof collection is concerned) and thus undergoing great amount of stress. Easy and short remedy here is not there and one needs to take life as it comes one step at a time now.

I repeat in your situation I still advise more Chamber meetings with a wise advocate taking along special need translator person with you to convey your feelings (instructions) in front of hired wise Advocate then coming here often with same query as Internet interactions have limitation when Experts face such special need queriest.

Wish you all the very best and I personally feel eventually you will find social peace yet remind you the path is difficult and long.


(Guest)

I have advice him on the same ground but he hasn't understood.

I agreed the solution & Suggestion you have given.

But he makes in his another query that is he is physically DEEF & DUMB. Which is missing here?

If its skip from mind while posting then OK else I have doubts I his part.


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