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Krish (ss)     20 May 2010

Please Help - TRCMP Delaying

Hi All,

I have filed the divorce case against my wife, and from their side they have putted MC case and filed the transfer petition for case transfer to warangal.

The transfer case is pending from past 8 months, from their side they requested to solve problem in front of advocates counselling. Me and my 2 lawyers went to Warangal for solving problem, but  my wife does not agree the advocate suggestion from both sides.’

My lawyer suggested to her lawyer that to take some time for 10 days to brain wash and come to Hyderabad for next counselling, it happens in feb 2010.

From that we have not got any positive msg from her lawyer and her family members and they are trying to solve this problem in front of community people, even I tried that but problem is not solved.

My lawyer is waiting.. Waiting from Feb and her lawyer used call to my lawyer for engaging and    post pone the case from Feb.

My main problem, when I filled the divorce case that time my wife is pregnant and delivered baby girl in NOV 2009 from that time I waiting for cing my daughter till the only one time I saw my daughter for 5 mins.

From there side they are postpone the case every time and my lawyer also waiting.

I want clear that I have just filed the case because of her family members to interfere in my family life. I want to stop this thing by taking counselling and proper written papers (Agreement).

So, can anybody suggest solving this problem?. I need to move case or request to high court to arrange counselling.

Can anybody suggest, what to do next..  



Learning

 5 Replies

Adv. Deepak (Advocate)     20 May 2010

Dear Mr. Krish, Have you decided yourself to restore your marital relationship with your wife?   Have you informed your wife about your decision?  What I suggest is that you first speak to your wife, not in front of your lawyer or in front of her lawyer, or before your community.  You speak to her privately.  Tell her that whatever has happened in the past, we will forget everything and will come together for our child.  If she agrees then very good.  However, if she does not agree, you will have to follow up with your lawyer to get the temporary custody of your child once in two weeks at least.  Do not rely on lawyers for everything.  You take steps yourself and create confidence in your wife's mind.  Regards. ddkharpudikar@indiatimes.com  9850390145

Krish (ss)     21 May 2010

Hi Deepak,

The problem is with my wife only. She is not understanding any of my words just hearing her family members words and demanding x amount of money & lot of conditions to rejoin with me.

Thats y i went to court, if i file RCR then it will work for me because family members are very kunny fellows main is her mother. By including all factors i filed the divorce case, whethere they are intersted or not. but they are not attaing till the date and delaying case in high court.

i asked my lawyer that to ask for counselling in high court itself or do some thing to attain court but no answer.

 

Please help.. what to do..


(Guest)

1. Now try a reasoned COMMON FRIEND approach to pass neutral thoughts of each to each other and get her brain washed. it is time and effort situation now for which no one should guide you bze afterall u r her husband and also a natural guardian.
2. Concernign visitiation you may approach same court for interim visitation till mediation / councelling efforts go on as first priority so that you also have some peace of security of mind and get a clearer picture what you want out of your life now.
3. See you alreayd filed a case so either it will be contested or withdrawn and or may be dismissed and none of these happen then a MCD proposal will pop up in few years time resolving all issues in hands of both of you including custody / visitation.
4. Now since case is filled you want instant result then my dear brother you need to built patience and may be more bashings in days to come nothing else.
Rgds.

Krish (ss)     22 May 2010

Thanks Arun sir for your valuable suggestion but the situation is like that i tried all option before filing the divorce case like explaing, guiding and couselling but with out her mother instruction she can't do any thing.  I want to show her what is real truth with the help of law. the law having lot of provision which can helping to delay the case it almost completed one year and she never came to court.

my question can i request in HC for arrange a counselling, where experts can expalin the real truth marraige life to my wife and her family members.

Is there any option to solve this case infront of court or counselling with mutal agrred singed papers becaz i need to sign this papers to not repeat the problem.''

how can court(HC) help me..


(Guest)

1. If litigants approach Court with joint solution(s) to their issues then Court simply gives ascent to it (especially in matrimonial suits)
2. If litigants approach Court with one side solution then it becomes a contestd suit and average shelf life is preassumed to be 30 months (especially such matrimonial suits).
3. You can try out all options available in hand except asking here means certifying your self confidence by a public forum.
Once you understand above three paras you will not come back here with such divine issues which only two mature adult spouses can only resolve themselves instead of a third party intervention but no harm pushing once patience beyond limits as usual people go into that loop in day-today life.
However, all the best.
Rgds.


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