LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Deep_blues (Engineer)     16 July 2013

Fight came to end

Hello Experts,

Brief Facts of my 498A and 125 cases-

  1. Filed divorce under cruelty grounds. Satisfied service of summon through postal department several times. Got ex parte divorce.
  2. Ex wife filed 498A and 125 after recieving divorce summon. Police couldnt arrest me and parents as they stated false home address. She stated that the crime was committed at my ancestral house and their house(both at same jurisdiction). But priliminary police investigation brought out that nither me nor she resided there ever. They have done it to get jurisdiction.
  3. Never allowed me to see our minor daughter-my most precious human on earth.
  4. Got AB for whole family.
  5. 125 case started and after 14-15 long dates, interim decided. During these court dates I submitted my heavy stock of documentary evidences like i was present on duty at my office(1300kms), on dates on which i allegedly kicked her, stabbed her father, beat her brother....played wresling with their whole species blah blah blah :)
  6. They ran like rats throughout the court premises to get some sympathy against the nukes i submitted. Just after putting up case she was happy like hell and always gave me the most crooked smile i have ever experienced ,but just after i filed evidences during interim hearing she changed suddenly. I saw her sobbing in front of judge, court clerk, her lawyer, even pan bidi wala outside court :)
  7. Now after all these, i appealed against lower court order of interim maintenance at high court.

Now, she called me yesterday and was yelling to take back the appeal petition as i revealed my last nuclear weapon i.e her extra marital affair....about which i was silent all these years. She told me that she is ready to take back all the cases with zero maintenance, child custody to me and no further interference in my life....

I too want to negotiate as its becoming very costly affair for me to fight case at different state and travelling frequently.

My questions are:

  1. how should i proceed for negotiation,legally? maintenance case is adjourned till november.
  2. how should she take back the case? what are the options available to her for taking back the case?
  3. i want it to be done in speedy way, what are the options?
  4. 498A is due for filing chargesheet...recently supreme court said that if both the parties are ready, the case should be withdrawn. how to go for this?

Your suggestions will be of great help....

Regards.



Learning

 6 Replies


(Guest)

Congrats.

Adv k . mahesh (advocate)     16 July 2013

  1. how should i proceed for negotiation,legally? maintenance case is adjourned till november.
  2. how should she take back the case? what are the options available to her for taking back the case?
  3. i want it to be done in speedy way, what are the options?
  4. 498A is due for filing chargesheet...recently supreme court said that if both the parties are ready, the case should be withdrawn. how to go for this?

it is simple first draft what all cases she kept on you and your family and make her a point to withdraw all the cases by filing a withdrawal petition even the date is far awar she can file the petition right now 

for this you have to discuss with her throughly and come to a point to withdraw all the cases if you want to give any alimoney if any if she asks then that also you have to mention 
here you have to take help of your lawyer who will take care of all the withdrawal procedure once all the cases are withdrawn then no problem as already you have taken divorce you are free to remarry and if you want to custody of your child go through legal procedure under the gurdian act as she is ready to give custody then take this chance.
and one more thing here you want to thing about ex parte order of divorce means she has a chance to appeal under that order talk to your lawyer 

ragz hyder (PM)     16 July 2013

Congrats....wish you get compenstated from Bitches like these for mental trauma....

Deep_blues (Engineer)     17 July 2013

@ helping hand, need justice and ragz hyder thanxx sir

@ k mahesh thanxx for ur suggestion...does filing withdrawl petition clear off 498A?


(Guest)
Originally posted by : Deep_blues

@ helping hand, need justice and ragz hyder thanxx sir

@ k mahesh thanxx for ur suggestion...does filing withdrawl petition clear off 498A?


Yes, filing withdrawal petition is enough.


And I pray God that you may not ever fall into such traps ever again.

DV Fighter (Service)     17 July 2013

Congrats brother!


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register