Divorce & dva
VICKY MEHRA
(Querist) 16 February 2012
This query is : Resolved
got married in the year 1997 , it was a love come arrange marriage and just after 3 yrs I came to know that my wife was into illegal affairs and when confronted she admitted. In fact it was due to my elder son that I came to know about her deeds. My entire world was lost but she asked for another chance and more over she was in a family way , thus to save my family I gave her another chance. But her things continued and to divert our minds she used to create scenes at home.( ie. arguing with elders etc. ).Finally I took her to solan where we had a family flat. There also she indulged into illicit affairs and called her paramour from Delhi who is very rich. He bought a flat in joints name with my wife in solan and they were having a merry time in that flat till I came to know from the general public of solan.I filed a police complaint also but of no avail. This time we agreed for a mutual divorce but after signing the documents she backed out and wanted a last chance to prove herself. I was not ready to take her back but seeing my little kids and advice from the elders I again agreed to stay with her but I clearly told her that I will not have any physical relation with her. At that time I didn’t had much evidence against her. Thus we started staying together again and in the mean time I started collecting evidence to prove her adultery. I had her recorded and written confession . Also the registry's of the flat in solan and another flat at Rohini which is in her individual before marriage name .Her bank accounts details which is showing cash transactions in thousands during that period. I gave her all the time to mend her ways and I lost my Father due to her Immoral character .I took my family to Ghaziabad and finally to Ludhiana , but every where I went her paramour used to come over there and she used to meet him secretly without my knowledge. last time was in Ludhiana in a hotel which I came to found and have already filed a divorce case under sec 13(1)(i) and 13(1)(ia)of hma 1955 at tis hazari court.I have made that person also a party. They have refused all allegations and instead had said that due to my greed for money I was torturing her and was forcing her into flesh trade for which they have submitted no evidence .I have already submitted her hand written confession and will be submitting the CD recording of her confession and involvement with this man. I had filed a divorce case on 9-05-09 and to counter that she had filed a DVA case against us in the month of Dec 09.initially she got the custody of the children’s ( as they were taken out of the hostel ) after creating drama in the court but after 10 days she surrendered the custody giving some excuse .The magistrate then gave the custody of the children’s to me and I bought them to Ludhiana with me in the year January 2010 and are going to school over here. The Magistrate got her to write that she is willingly surrendering the custody. After going thru the case for all these years and the case just got lingered on and the court did not even bothered to see the evidence as the arguments had not yet started. The magistrate suggested Mediation in the month of January 2011 to which we agreed. In the mediation at tis hazari it was mutually decided that I will withdraw my case and she will withdraw her case of maintenance under sec 125 and DVA and two properties which were in joint names will be transferred in her sole name and the visitation scheduled of the children’s were also agreed upon. The agreement was registered and I withdrew my case and her sec 125 case was also cancelled by the Magistrate at tiz hazari. I did as per the agreement and transferred both the properties in her name but now she is refusing to file for mutual divorce and even she is not withdrawing her DVA case. When I approached the lower court the magistrate told me to approach the high court as she could not do anything in that regard . Even the saket court was where she has filed the DVA case also was not ready to listen to my plea , when it was told about the mediation agreement , but instead said that if the party is not withdrawing the case then the case will go on. Now I have filed a contempt of court case in the high court for which the hearing is in the month of May and the DVA case hearing is in April 2012. Please help me and guide me in this regard NOW WHAT SHOULD I DO.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 16 February 2012
It was your mistake you should have co related all the action. Now it will be a lengthy legal route.
Tajobsindia
(Expert) 16 February 2012
@ Author
Donot do all these legal activities on your own. Engage a family law practicing advocate and if you have fulfilled your part of mutual agreement terms and conditions then if this is a case of Delhi then she cannot backtrack there are good no. of judgments from D HC. However from your brief it is not clear if first motion statement recorded or all the handing over / taking over happened just after executed agreement minus first motion!
Rajeev Kumar
(Expert) 16 February 2012
It was your fault though knowing well her character. You should first withdrawn her case and thereafter acts as you wish. Now it is a very difficult case for you.
ajay sethi
(Expert) 16 February 2012
be brief and to the point . summarise your case in brief .
you have written such a lengthy post and that two with hardly any spacing between lines .
sharad raghav - 9990549475
(Expert) 16 February 2012
any agreement, for not enforcing one's legal right is treated as an illegal .....and in your case, you both get agreed not to take action which can not be entertained.so here it would b batter to get good lawyer to proceed with......
VICKY MEHRA
(Querist) 17 February 2012
sincere thanks for your response.i know i had made a blunder but I had acted as per my lawyer's advice.Now my lawyer is planning to file a criminal writ in the high court in order to quash the dva. No sir the first motion has not yet been passed.
VICKY MEHRA
(Querist) 18 February 2012
Respected sir's pls suggest how should i go on from here
VICKY MEHRA
(Querist) 29 February 2012
Would somebody suggest me how to proceed from here.
VICKY MEHRA
(Querist) 08 November 2013
fter 3 yrs I came to know that my wife was into illegal affairs and when confronted she admitted. In fact it was due to my elder son that I came to know about her deeds. My entire world was lost but she asked for another chance and more over she was in a family way , thus to save my family I gave her another chance. But her things continued and to divert our minds she used to create scenes at home.( ie. arguing with elders etc. ).Finally I took her to solan where we had a family flat. There also she indulged into illicit affairs and called her paramour from Delhi who is very rich. He bought a flat in joints name with my wife in solan and they were having a merry time in that flat till I came to know from the general public of solan.I filed a police complaint also but of no avail. This time we agreed for a mutual divorce but after signing the documents she backed out and wanted a last chance to prove herself. I was not ready to take her back but seeing my little kids and advice from the elders I again agreed to stay with her but I clearly told her that I will not have any physical relation with her. At that time I didn’t had much evidence against her. Thus we started staying together again and in the mean time I started collecting evidence to prove her adultery. I had her recorded and written confession . Also the registry's of the flat in solan and another flat at Rohini which is in her individual before marriage name .Her bank accounts details which is showing cash transactions in thousands during that period. I gave her all the time to mend her ways and I lost my Father due to her Immoral character .I took my family to Ghaziabad and finally to Ludhiana , but every where I went her paramour used to come over there and she used to meet him secretly without my knowledge. last time was in Ludhiana in a hotel which I came to found and have already filed a divorce case under sec 13(1)(i) and 13(1)(ia)of hma 1955 at tis hazari court.I have made that person also a party. They have refused all allegations and instead had said that due to my greed for money I was torturing her and was forcing her into flesh trade for which they have submitted no evidence .I have already submitted her hand written confession and will be submitting the CD recording of her confession and involvement with this man. I had filed a divorce case on 9-05-09 and to counter that she had filed a DVA case against us in the month of Dec 09.initially she got the custody of the children’s ( as they were taken out of the hostel ) after creating drama in the court but after 10 days she surrendered the custody giving some excuse .The magistrate then gave the custody of the children’s to me and I bought them to Ludhiana with me in the year January 2010 The Magistrate got her to write that she is willingly surrendering the custody. After going thru the case for all these years and the case just got lingered on and the court did not even bothered to see the evidence as the arguments had not yet started. The magistrate suggested Mediation in the month of January 2011 to which we agreed. In the mediation at tis hazari it was mutually decided that I will withdraw my case and she will withdraw her case of maintenance under sec 125 and DVA and two properties which were in joint names will be transferred in her sole name and the visitation scheduled of the children’s were also agreed upon. The agreement was registered and I withdrew my case and her sec 125 case was also cancelled by the Magistrate at tiz hazari. I did as per the agreement and transferred both the properties in her name but now she is refusing to file for mutual divorce and even she is not withdrawing her DVA case. When I approached the lower court the magistrate told me to approach the high court as she could not do anything in that regard . Even the saket court where she has filed the DVA case also was not ready to listen to my plea , when it was told about the mediation agreement , but instead said that if the party is not withdrawing the case then the case will go on. Now I have filed a contempt of court case in the high court for which the hearing is in the month of March 2014 . Please help me and guide me in this regard
