Dv case totally confused
Dheeraj kumar
(Querist) 30 May 2013
This query is : Resolved
Hi Experts
Please help me my wife put 498a and DV case
DV case is running now in that during counselling session , the judge/counselleor is saying to my wife that either to rejoin the family or give divorce she had not anwer any thing,judge/counselleor has given another date to think and decide what both we want.
Based on above story pls clear my some doubt:
1.I spent 5 days in jail and i can't forget this till my death,i dont want to take her back at any cost,when I sent her legal notices to come back and rejoin she not came. what if she say to rejoined in front of counselleor/judge.
2. And waht shall i do when she says she want to give me divorce? as 498a case is pending.
Please suggest me what should be my answer in both the situations
Thanks
ajay sethi
(Expert) 30 May 2013
wait for her repsonse . if she has filed 498A against you she would not want to come back .
if she says she wants a divorce agree to divorce by mutual consent . your wife should with draw all cases filed against you .in MCD you can draw consent terms . settle all issues
Dheeraj kumar
(Querist) 30 May 2013
Hello Sir,
But if she said i want divorce but don't want to withdraw 498a case than what would be my action?
OR
If she asked huge amount for MCD than what would be my action/reply
Thanks
Devajyoti Barman
(Expert) 30 May 2013
Judge can not say her to give divorce nor she would voluntarily agree to divorce admitting all your allegations.
Generally when settlement reaches, wife withdraws 498A case and gives divorce with or without alimony.
