Cruelty petition - 13(1)(ia) by husband on wife.
mtlrsk
(Querist) 12 June 2014
This query is : Resolved
I filed petition on my wife for creulty 13(1)(ia) as she is trying to separate me from my parents.
I can prove via a recording as she is accepting her mistake that she is telling to separate.
My wife now want to come back, but i m not ready to take, as i m afraid that she will put all of us behind bars in fake cases.
What if my petition get dismissed & court think this is not creulty?
My wife is allowed to come back & stay with me?
I stay in my parents home(sr.citizen).
please help.
ajay sethi
(Expert) 12 June 2014
contested divorce petitions take years to be disposed of . you have to prove allegations of mental cruelty .
if petition is dismissed she can seek right to sty in matrimonial home or alternative accommodation . she cannot seek right in your parents flat
V R SHROFF
(Expert) 12 June 2014
Otherwise also she can come back & stay with u; once she proves it a matrimonial home..
Rajendra K Goyal
(Expert) 12 June 2014
If possible try to save marriage.
Agree with the experts.
Laxmi Kant Joshi
(Expert) 12 June 2014
As per experts advise try to save your marriage don't think negatively , make amicable compromise with her and bring her back in your Home , agree with experts.
Devajyoti Barman
(Expert) 12 June 2014
I would advise to think one again if she genuine wants to revive the marriage.
However dismissal of divorce suit does not mean that you have to stay with her. It means that the marriage is not dissolved legally.
mtlrsk
(Querist) 12 June 2014
extremely thankful for replying so quick.
Sir, the girl is not straight... she has appointed goons to beat me, and also was continously planning to beat me/my parents to make me separated from my family, i've proofs. She is not genuine, I know for sure.
my dad has paralysis/heart problems,
mom has full body arthiritis/detruser problem
she never felt pity of that instead use to raise unncessary quarrels and made our life disturbing.
So marriage is not dissolve means she has to stay separate correct? I am ready to pay maintenance/accomodation, but dont want her back. I dont want to spoil my parents rest of life.
Matrimonial home = my mothers home = I stay with them.
But if she has done mental cruelty to my mother also, still she can come?
please help
Deekshitulu.V.S.R
(Expert) 13 June 2014
Since the house belongs to your mother, your wife cannot seek it as a "Shared Household" as per PDV Act. You have to prove cruelty, which is of late very difficult. Better have a compromise before the court and take an undertaking from your wife, before the elders of the locality.
Nadeem Qureshi
(Expert) 13 June 2014
Fight the case on merit. No need to worry the court can not force to you to live with her but court may pass an order for maintenance.
Feel free to call
mtlrsk
(Querist) 13 June 2014
Thanks a lot experts,
Sir even if i take undertaking, and after coming she say put some false DV case on my old mother/father ?
Then were i stand? they are already bed ridden.. and i dont want there rest of life to be in jail/insulting.
Also a young sister/studying... were she will go if she start again the same non sense which she did earlier.
She verbally told policeman that my mother kicked her (inspite of she staying out now), she can do same now after coming and then mom/dad has to go behind bars? at this age ... No sir... i m really afraid...
dismiss means court will pass an order to stay away?
please correct me if wrong.
ajay sethi
(Expert) 13 June 2014
if your wife files DV case in your reply produce medical reports to show that they are completely bed ridden .
your parents can move senior citizen tribunal and obtain an injunction restraining daughter in law from entering their house
ajay sethi
(Expert) 13 June 2014
in DV case your parents wont go to jail . objective of DV is to protect ladies from domestic violence and promote reconcilation
mtlrsk
(Querist) 13 June 2014
thanks sir..
Can cousellor force? what happens in counselling? today is my first counselling..
Devajyoti Barman
(Expert) 13 June 2014
You seem to be endless in your queries.
Why do you not put all queries together?
You are sufficiently advised , now follow the advice than making multiple posts.
V R SHROFF
(Expert) 13 June 2014
COUNCILLING IS A COMPULSORY STEP IN fAMILY COURT TO TRY COMPROMISE/ PATCH-UP. iT'S REPORT IS CONFIDENTIAL, NOT BINDING UPON YOU. ; jUST TELL FRANKLY & OPENLY WHERE YOU DIFFER. tHEY TRY TO SOLVE ANY MISUNDERSTANDING, AND FOR AMICABLE SETTLEMENT .. tHAT'SALL.
mtlrsk
(Querist) 13 June 2014
I am sorry barman sir.. might be my fear is causing my repeated questions...
My story in short.
==================
1) Girl use to harass to separate me(no proofs, it was mental torture) from my parents even after
i told her before marriage.
2) We complained her father/uncle, they told not to do so, girl accepted mistake{we've recording}
but still continued the same after that{we don't have recording}.
3) Lots on involvement from my in-laws, they use to tell "takleef hai,full final karte"{we've recording}
4) I stay with my parents{ home is in my mother name},We don't have any child, she is housewife,
5) She told her brother to book a flat near her mother home, which is example of making me separate.{we've recording}
6) One day she raised quarrel, called us thieves, and threatened, and left home, as she was going to her brother marriage.
7) Due to this behavoir, she called me after 10 days, I told her that you are harassing me for 1 year,
but i told her bad words, and told her i will go to court if she continous harrassment,
as she was recording, she was speaking very politely, and told
she don't want to separate.
she don't want court.
My in laws will not involve anymore and all good words on her part.
In this recording, i did not tell that she threatened and talked only bad about her/in laws.
8) Again, some other day, she called, I again said bad words, upon which her father also told bad words, and also
a third party threatened to beat me on phone.
9) I went to police, later filed petition us 13(1)(ia).
10) they came with 9 people again after 2 months of petition and threatened to take girl inside home, but we refused,
called 100, and later filed police complaint as they threatened "bura hojayega.". She told falsely to police
"my mother kicked her" but did not file any complaint.
Does my bad words to her will nullify my case? I am only concerned more of point #7/8 .
I was really frustated sir, so i said bad. i dont want to live with her anymore. ready to pay for maintenance.
Devajyoti Barman
(Expert) 14 June 2014
The divorce suit will be decided on the merit of the case as sated in the pleadings.
Subsequent quarrels do not have much repercussions.
ajay sethi
(Expert) 14 June 2014
bad words given subsequent to filing of case wont affect your case . contest on merits
mtlrsk
(Querist) 14 June 2014
thanks sir..
I told bad words before filing petition,
I told first/her father told after that and then a goon told he is coming to beat us be prepared... so then i went to police for safety & later to court.
my main reason for pleading divorce is harassment by girl for separating me from my parents & lots of in laws involvement, were they are planning for a full-final settlement.
Devajyoti Barman
(Expert) 14 June 2014
since case is already filed and getting contested, do not think much about its outcome. Leave something to the wish of the Almighty.
mtlrsk
(Querist) 16 June 2014
Thanks sir. I agree finally its on almighty.
But i dont want to leave my old ailing parents alone in this stage of life. As you said there is no force by court to live together(atleast i am happy from that end). If court dismiss my petition i will apply to high court.
If i loose might be bcoz of my bad words, still i dont want to live with her.. bcoz i dont want her/in laws to harass my parents anymore.
mtlrsk
(Querist) 17 June 2014
Hello Sir,
My lawyer said court can pass me an order to take my wife back home if my cruelty is not proved much. Is that true.? Means she will stay forcefully with me? I stay in my mothers home. She can harm me/my parents/brother sister in false cases.
Please help...
mtlrsk
(Querist) 18 June 2014
Experts .. please help... is it true? can I get judicial separation if not divorce? please help. She is danger to my family i am 100% sure.
mtlrsk
(Querist) 20 June 2014
please help...
ajay sethi
(Expert) 20 June 2014
please contact a local lawyer rather than raising endless queries . you cant be forced to stay with your wife . you can offer her alternative accommodation .
query is resolved
Devajyoti Barman
(Expert) 21 June 2014
author is endless in her doubts..she needs local advice than online ones.
mtlrsk
(Querist) 27 June 2014
i m extremely sorry sir, actually i get wierd replies from my lawyers, so i think it better to ask experts here.
1) My wife left home on feb 2-2014, can she file dv/498 now on me/my family?
2) Counsellor said we can write terms & conditions, and my petition 13(1)(ia) will be stand as it is, and she will give further dates to check if everything is going fine between us. Does this hold true?
mtlrsk
(Querist) 01 July 2014
please help experts... i am in need of your advice.
T. Kalaiselvan, Advocate
(Expert) 15 June 2014
