Matrimonial case
Aditya Sharma
(Querist) 17 June 2012
This query is : Resolved
Hi,
Thankful to All of you for your valueable guidance. still left with some queries:
1. As I was legally advised, I was to recieve legal formal notification so that the case can be closed. It's more than 6 month, nothing received. Shall I need to go to court for next date to close it?
2. After so much of time, if my wife changes her mind and pursue this case further, what options I have?
Looking for your valuable guidance in my situation:
In Aug'11, I filed for divorce in Delhi High Court and in reply my wife charged me & my family under dowry, domestic violence and miscarriage in Hathras, UP. After arranging Arrest Stay from Allahabad HC and through mediation, we agreed to live together. Since 3rd Dec'11, she is at our residence. Her behavior is like a victor and in no mood to continue like a family member. Its more than six month now and we have not received any legal information related to case closure and FIR quashing.
I finished my case in Dec'11 so my wife is relaxed now and they are in no mood to finish cases.Please guide me
1. will I receive call from court or I have to check with my lawyer? After six months, do i have better chances or still she will have so called women sympathy?
2. If I don't want to continue with her, what option I have?
3. I owned a property in Delhi before marriage which I got changed in my mother's name prior to all these cases. Can she ask for stake in that property too. Is legally she elgible for that as property is not in my name now.
Adv Archana Deshmukh
(Expert) 17 June 2012
FIR is not automatically quashed when you started living together, both of you shall have to move to the HC for quashing it.
As far as property is concerned, as it is in your mother's name your wife cannot claim it.
Adv.R.P.Chugh
(Expert) 17 June 2012
1. I don't understand how you can file a divorce petition in the Delhi High Court - it has to be Family Court (Additional District Judge at first).
2. As regards FIR - the investigation is underway right now. If your wife has come to you then go in for quashing at once and get your wife's statement recorded for quashing before she changes her mind.
3. Intimate the IO about these developments, so that a FR (Closure) is filed.
Feel free to talk ~
Shonee Kapoor
(Expert) 17 June 2012
You have been making one blunder after another.
What was the agreement w.r.t. the FIR? Was there no agreement to get the same quashed?
The criminal cases don't go away on its own. You can expect some rude surprises unless you move for quashing of the FIR based upon the agreement and her restoration in the matrimonial house.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor
(Expert) 17 June 2012
You have been making one blunder after another.
What was the agreement w.r.t. the FIR? Was there no agreement to get the same quashed?
The criminal cases don't go away on its own. You can expect some rude surprises unless you move for quashing of the FIR based upon the agreement and her restoration in the matrimonial house.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 17 June 2012
1. No, your wife need to inform the court and the IO and get the case closed.
2. Seek mutual divorce
3. Yes transfer it asap.
Aditya Sharma
(Querist) 20 June 2012
Hi,
Thankful to All of you for your valueable guidance. still left with some queries:
1. As I was legally advised, I was to recieve legal formal notification so that the case can be closed. It's more than 6 month, nothing received. Shall I need to go to court for next date to close it?
2. After so much of time, if my wife changes her mind and pursue this case further, what options I have?
