Divorce ongoing case help- please
Sufferer
(Querist) 16 August 2013
This query is : Resolved
Hi,
Please read the summary carefully to understand the current case standings and please help.
I, my wife and my 5+ years old daughter lived in Bangalore after marriage together without in-laws of either side. its about 8+ years of marriage now. I have filed a divorce case on mental cruelty ground on 24Apr2013 when my wife went to her native with kid to MP. First hearing for the divorce in Bangalore was on 27Jun2013. She has filed 2 counter cases DV against all my family members and maintenance under section 125 on 18May2013 at MP court. I have hired a lawyer in MP and so far he has handled it well and made sure that i need not have to travel to MP for any hearing. At Bangalore on 27Jun2013 my wife came to Bangalore court and matter was referred for mediation for 2 months from 28Jun2013 to 28Aug2013. On 26Jun2013 we also filed for child custody and same has been clubbed for mediation. In mediation -
28Jun2013 - Matter was discussed and i asked for sometime to think about taking her back and next date we decided to meet on was 14Aug2013. She also gave a list of stridhan she wanted.
29Jun2013 - I gave her belongings and jewels along with kids stuff. Then she went back to her native in MP.
In the month July 2013 she has arranged 4 hearings for the 2 cases she filed in MP inspite mediation was in progress in Bangalore and on 1Aug2013 she came back to Bangalore and filed a police complaint against me in the women police station Bangalore. I got a call from women police to appear but as per my bangalore lawyer we have applied for AB for myself and started living in my friends house to avoid any arrest and AB should be granted in a day or two. But my wife broke the house door lock and entered into the house without my consent and presence on 3Aug2013 with the help of neighbours. I did not appear in the 14Aug2013 mediation meeting and my lawyer communicated to the mediator that mediation is failed.
Important info- 2 days back I got to know that my wife who went to her native in MP on 8Apr2013 and stayed at her mothers house in a joint family. my wifes younger brothers wife have committed suicide on 9Aug2013 in there house. They were married for 1.5 years only. Girls parents have made a complaint to the police station with the prime accused girls husband, girls mother-in-law and girls sister-in-law that is my wife. No FIR has been registered yet. All these 3 members are absconding as of now. My wife is still in Bangalore in-spite knowing the death of her sister-in-law.
Questions-
1. Can i take any action against my wife and neighbours to break the door lock and made a forceful entry?
2. How can I send her out from my house? (she is staying with my daughter in my house, I want to keep my daughter alone)?
3. How can I make use my wifes sister-in-laws suicide case in my case to get a child/house custody as well as divorce?
4. If my wife gets arrested in the aforesaid suicide case than it would be probably become very easy for my divorce and child custody. Does court consider this fact even if there is no arrest made or bail granted?
5. Any other suggestions/action to be taken?
Thanks in advance!!!
V R SHROFF
(Expert) 16 August 2013
Questions-
1. Can i take any action against my wife and neighbours to break the door lock and made a forceful entry?
Ans: NO
2. How can I send her out from my house? (she is staying with my daughter in my house, I want to keep my daughter alone)?
Ans: She is your Wife!!u can't.
3. How can I make use my wifes sister-in-laws suicide case in my case to get a child/house custody as well as divorce?
Ans: File child custody case/ Ask court, my child shd be away from criminals.
4. If my wife gets arrested in the aforesaid suicide case than it would be probably become very easy for my divorce and child custody. Does court consider this fact even if there is no arrest made or bail granted?
Ans: NO, though court will consider if FIR discloses she is accused of 306
5. Any other suggestions/action to be taken?
Ans: !!!!!!
You initiated trouble for you. Your foolish act to ask Divorce [ Without pre Planning this act, and taking any precautions] lead to all these trouble and unhappiness for u.
Tell me frankly, since u applied Divorce on 24-4-13, Did you enjoy your life for last 4 months, or made it a Hell??? r happy at present??
Think it over, and take her back.
Forget and forgive, before it is too late.
Don't make 4 months to 14 years!!!of unhappiness.
Do not plan to SUFFER, Mr. Sufferer. Do not create further plan to suffer. Try to understand each other.
Devajyoti Barman
(Expert) 16 August 2013
well advised by Mr Shroff.
Try to settle the dispute amicably.
Rajendra K Goyal
(Expert) 16 August 2013
In such a situation amicable solution is better for both. In spite of taking benefit of the death of sister in law try to extend moral support, things will improve. Take the help of family friends relatives and effective person of society.
Through Legal way, rightly advised that it may take a decade to come out of this mess. Whether you and she would be able to enjoy and plan better life than now after that.
ashok kumar singh
(Expert) 20 August 2013
I agree with Mr. Shroff and Mr. Barman... please follow their kind valuable advises.
Sudhir Kumar, Advocate
(Expert) 21 October 2014
new thread is opened at
http://www.lawyersclubindia.com/forum/details.asp?mod_id=111110&offset=0#.VEXCbFeO5G0
ajay sethi
(Expert) 21 October 2014
agree with Mr Shroff
