Divorce case
saajan
(Querist) 30 July 2013
This query is : Resolved
i have got married under Hindu Law in 2004 and having a daughter of 8 years.
my my was working in a LPG Agency from oct. 2012. in June i came to know that she has done a fraud with public of rs 4-5lacs on the name of advance payments of gas connection.
she returned around rs 1.5 lac from her own and i have given rs 1.5 lac to the aggrieved parties to avoid any legal action against her. still the amount is pending.
on Sunday, 21st July 2013 she had left my home to go to her mother's home (residing at Patiala, Punjab) for a few days. she said she is feeling depressed and want to stay there for 3-4 days.
i drooped her on bus stand to go. on Monday 22 july 2012 she talked to me peacefully.
on Tuesday 23 July 2013 she said i am coming back to home.(in law's home)
around 12pm she called me and informed that she has filed the divorce case against me.
on 26 july 2013, i got the summon of the case. when i read whole papers i came to know that she blamed me as a drunker and i beat her everyday in drunker condition after a few months of marriage.
she further blamed me that on Oct 2011, i came and beat her and get her out of my home and kept the daughter forcibly with me . she wrote, since Oct 2011, she and daughter is residing with her mother and there is no communication between me and her..
now, i want to ask you that when she has left my house on 21st July 2013 then how can she said that she is residing with her mother along with my daughter since oct. 2011.
my daughter is still with me. she is not even at her mother's home now and got hidden somewhere. she has also changed her contact numbers.
it is now a confusing situation for me that how can she said that she and daughter is residing with her mother when they both are with me during this period.
with regards,
Dr J C Vashista
(Expert) 30 July 2013
Collect evidences, contact local lawyer and contest the case.
malipeddi jaggarao
(Expert) 30 July 2013
You have fight out the case producing all the evidences.
Nadeem Qureshi
(Expert) 30 July 2013
Dear Querist
if you think that all allegations are false then fight the divorce case on merit. for you daughter you should filed a case under section 25 of Guardian and wards act against her and her parents read with Order 39 rule 1 & 2 of CPC for restriction order. after that without permission of court she can not meet, talk to your daughter.
Feel free to Call
Rajendra K Goyal
(Expert) 30 July 2013
Well advised by the experts, nothing more to add.
saajan
(Querist) 30 July 2013
thanx to all for responce.
my lawyer says that if you want divoce then don't contest the case but i want to teach her lesson by contesteing the case. my paresnts and me are so disturbed ans in tension.
she has not called my daughter since she left the home on 21st July.
people are still coming to me asking to return the money on her behalf.
the offer to sit together and to decide the amount is coming from different sources.
all that she wants to get money from me to take back the case.
what should i do if i favour the divorce?
Dr J C Vashista
(Expert) 31 July 2013
Divorce petition or otherwise, you must contest to put through your point of view/ averments/ facts, otherwise it is deemed admission which is always against you.
prabhakar singh
(Expert) 31 July 2013
In circumstances stated by you the option is to contest the case.So file a WS denying her false allegations.
V R SHROFF
(Expert) 31 July 2013
Fight it back.
Collect proof that she was residing with you, and serving with Gas co in 2012, and it is a false petition.
File your WS in time.
Court will send you for mediation/ councilling,
Try get Phone tracking, where she used her cell phone last 2 years.
ajay sethi
(Expert) 31 July 2013
she wants money to pay back the creditors . you are the milch cow . hence divorce case . fight on merits let the people whhom she drfauded file cases against her . refuse to make any payment to the creditors
R.K Nanda
(Expert) 01 August 2013
nothing to add.
saajan
(Querist) 09 August 2013
thanx to all.
