Divorce case problems
Querist :
Anonymous
(Querist) 23 September 2011
This query is : Resolved
dear sirs / madam,
married in 2006 in a church, was a christian love marriage. after 1 month, wife left husband and went to her parents home.after many requests from husband she was not came to lead marital life.
after 8 months male child born.
after many requests from husband, elders, she wont joind with husband. and in a meeting with elders,and in a meeting with a lawyer she told " i dont want to reunion with husband , i want divorce but demanded 2 lakh money to sign mutual divorce consent. husband ready to give 1 lakh only, and asked custody of kid. she asked time to think. after that she is not talking to lawyer and elders. and telling i dont want to come to any meetings. husband went to concerned police station and told all the details to SI. then SI made a call and called her to meetinng in police station.
then she told to him, i dont come to police, lawyer and if husband has interest in marital life iam ready to re join family life at my residence only, if he dont come to my home also no problem. i will live in my own house without husband. now husband went to a lawyer and filed petition for divorce. but in this case,
1)no written evidance of elders meeting and lawyer meeting, how to show these evidances to court?
2)after 5 years desertion, now she wantedly trying to delay and mis lead the case , she is ready to tell she is not willing to take divorce, so how to get divorce?
3)if she wantedly put 498 or any cases on me , how to deal?
4)if wantedly she tell lies , like sir after 1 month of marriage my husband left me, now he is trying to take divorce .
5)SIRs and madams (lawyersclubindia.com) PLEASE HELP ME WITH YOUR ADVICES.
ESTHERPRIYA
(Expert) 23 September 2011
NO problem as being a husband you can file divorce the issue is maintenance will follow it. No need to evidence of elders in this case the reason and the section for your divorce alone is essential. In case she gives any complaint, your prior complaint to SI will protect you.
Shonee Kapoor
(Expert) 23 September 2011
The elders would need to depose in the court to prove desertion.
If she files any other case, that would be decided on merits.
regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sailesh Kumar Shah
(Expert) 25 September 2011
you can file divorce case on the ground that she has not lived with you. there is less chances of 498A case. If she go for 498A, you could easily escape from it on the basis of said facts.
