In Trouble

Ms.Nisha,

A wrong is a wrong and I can see in how dire problem you are in at the moment.   My sincere request is that let bygone be bygone go consult a experienced (I mean it) counsel and take immediate steps to tender unconditional apology by way of an affidavit stating that this step had been taken in the momentarily rage and you sincerely regret.

Let God be with with you during this period of turmoil.

All the very best in your life.

God bless

Best Regards

Daksh

Thanks Daksh for your suggestion. I agree i need to change the counsil at the earliest bcos in my other petition in family court the same lies have been put and has been brought to notice by him. Though he didnt press for contempt charges there. I am worried whether the court will consider my appologies because he has pointed out that its not once but twice i have lied on affidvait. I dont know what to do. My counsil is advising me to counter this with 498a and DV. Please suggest if it is appropriate?

Ms.Nisha,

If only there is truth in 498A and Domestic voilence then only proceed with it otherwise it is not advisable to be used as tools of exerting pressure.

Best Regards

Daksh

no there are no material facts and it will be his word against mine. Moreover its been over 5 years we are separated and no police complaints registered so far. Thanks for your valuable advice.

MS. NISHA

YOU ARE NOT SOLELY RESPONSIBLE FOR THIS BAD PATCH UP.

IT IS CERTAINLY A CONTEMPT OF COURT.

YOU MUST HAVE LAWYER AT COURT. IT WAS HIS DUTY TO GUIDE YOU PROPERLY. THE PERSON FAILED TO DO SO.

YOU MUST CHANGE YOUR THAT LAWYER UNDER WHOSE GUIDENCE YOU DID THIS BLUNDER.

NOW YOU BEG APPOLIGY TO THE COURT AS WELL AS HIM AND SETTLE THE CASE WITH YOUR NEW LAWYER.

TELL THE COURT THAT UNDER WRONG GUIDENCE OF THE THEN ADVOCATE, YOU DONE THIS BLUNDER.

ONE THINGH MAY PLEASE CHECK THAT CONTEMPT OF COURT SHOULD BE PRAYED TO THE COURT WHERE CONTEMPT DONE, THEREFORE  HC NOT APPROPRIATE PLACE TO FILE THIS CONTEMPT PETITION.

1. The mistake is pleaders overlooking my stated briefs and are inadvertent and unintentional one and assures the Hon'ble Court that same will not be repeated again.

2. Appreciate your honesty and resistance to "counter blast" offers from legal guidance source, rare to see such resistance in Family Law but since admission of wrong legal guidance at appropriate stage brought to the knowledge of Court is considered pardon you will succeed if appropriate steps as advised by Daksh done accordingly.

3. Off the records he has given you opportunity (as you say he has not pressed Contempt) to amend the petitions para(s) and same can be amended showing aforesaid reason(s).

@ Sh. Arup ji,

Contempt proceedings are done in same Court where the Contempt happened and not in other Courts. Here a petition was filed before HC and Contempt was noticed by other party so if a Contempt Suit to be filed by other party it will be filed before HC based on limitation read with three basic prime facie ingredients however reference of such contemptuous Statement made before HC may be brought to the knowledge of lower Court but then lower Court will ask why no Contempt filed there ? that means it is a weak adverse infrence plea here and party is not really so agrived to such and anyhow Contempt and Perjury matters are discretion of Courts to take as an enquiry or not by which I mean not encourage it but said it for general sharing of happening which we all are aware of.

Rgds.

Hi am doing business in vizag my wife give some trouble to me she will not staying with me, and already she spoke to me am not interested to spend in family life i go to some were staying separated after i told ok you will apply divorce in court i will sign in papers. she told no am not go to court just i will write with stamp paper and give to you. 

She got second marriage and me first marriage

This is correct way or in future any problem has come advice pls

@ Sh. S. Rajasekaran

A good brief and posted in right subject title post (In Trouble) instead of posting the message sepearately in by way of a seperate post :-)

1. You are In Trouble and she too as per dissolution of Marriage Laws.
2. Marrying is the easy part but when it comes to dissolution of a Marriage it is the most complicated procedures. Both of you did act like small kids and gave each other some notary / signed documents and went opposite way.
3. During traveling opposite ways she got her second marriage done and you too got your second marriage done. These two second marriages are void in the eyes of Law if some trouble happens by second husband / second wife of you two. 
4. Proper thing would have been to cooly talk to first wife and make use of seperation period sinc eyou say both live seperately of minimum 1year and then submit in Court a MCD joint petition and followed the Court directed minimum "cooling period" then a divorce decree both of you got but all these waiting and more waiting was ignored. Here she coul dhave represented her side on POA and only at statement signature time she may have been required and you too have taken advantage of POA and come to court at signing stage.
5. Your stated way is not correct way and in future if your second wife (it is yoru second marriage not first as you say but I don't say so) obejcts then you face some music and since these que. you asked so not much further advise I will add here for your first wife's (second marriage) act.
6. Solution / advise now what they could be ! I can't give because I have no clue now how to handle such immaturity .......Ld. members may add their legal views if any.

Rgds.