Help Required
Querist :
Anonymous
(Querist) 03 November 2010
This query is : Resolved
Dear Professional,
I request you to suggest a way forward for me. Scenario is as given below.
Date of Marriage:- 25 Nov 2005 ( Love cum Arranged)
Though it was a love cum arranged marriage, we had numerous issues between us since 15day of marriage (All due to Ego Problems from both of us). However we were able to manage the same till Sep 2008. We have filled a Mutual Concern Divorce petition in the dist court in Sep 2008. I was not willing for that however due to force from my in-laws that they will file a DV/498 if I do not sign the petition I had to forcefully sign for the same. Well after 6 month we were called for trials and my wife was not attending the sessions, After about 3 hearings my wife appeared in front of the Judge and stated that she is yet to decide on taking divorce. Post which Judge has counseled both of us and stated that a divorce cannot be given for ego problems of the spouses. He has also mentioned that we should not be spoiling the life of out Kid (who was born in June 2008) and asked us to lead a happy matrimonial life for which both of us have agreed after many argument and the next hearing was scheduled after 3 months to get a feedback from both of us . After leaving from court I have not heard anything from my wife and when I tried reaching her I was not allowed to speak to her by her parents. After 3 months I went to the court and submitted that my wife has not joined me and the advocate from their end has stated that they want to withdraw the petition for which Hon Judge has agreed and dismissed the petition.
After a Month of time I have filed a RCR in Oct 2009, Initially my wife came to the court for 2 hearing and has taken time to submit Counter for my petition. In the month of Aug/Sep 2010 she has filed a counter against my petition. Few points in the counter are correct and most of the other points are base less. She has also mentioned that I have been harassing her for dowry and jewelry which is not a fact. She has also mentioned in the petition requesting the Hon Court to take a affidavit from me that I will not harass her in future so that the court can order me to lead a happy life with her. I have taken this positive and submitted a rejoinder to the Hon.Court stating that I have never harassed her for Dowry and will never do that in future. Post submission of rejoinder, Hon Judge has given a date for Reconciliation and the same was informed to her council as she has not appeared for the hearing. On the date given by the Hon Judge, neither she nor her advocate has not appeared to the court and the date was again given post one month. For the second date as well she didn’t come to the court hence another date was given by Hon. Judge after a month, she has not come for the third hearing as well and the Hon Judge has now given a date post 2 month for submission of Evidence. When I spoke to my wife to re-think , she clearly stated that she doesn’t want to thing anything about it and she has left everything to god.
I request your suggestion on the below points.
1) Divorce is not a criteria for me to post this. Please suggest is there a way to get my wife and child back to me.
2) I am not afraid of DV/498 even if she wants to go for it now.Will Fight back in court of LAW
3) What if she is planning to go abroad to peruse higher education, she will not be available for any hearing hereafter if she goes away.
4) I am planning to file a Visiting Rights petition to see my Son ( of course my wife as well)
Arul Kumar
(Expert) 03 November 2010
If you are so confident and determinant, you face the court and site all the true facts and definitely you will get justice. Since you are so positive and have good intention to live with your wife and child sort out the matter at personal level with your wife first. Your side seemes to be strong.
Arun Kumar Bhagat
(Expert) 03 November 2010
1. Such a crazy or devoted husband is rarely found. Contest the RCR case and get the decree to see your dreaMS TURNING INTO REALITY.
2. Kudos to your spirit.
3. Ex-party decree shall be passed.
4. Court shall allow it to visit your son but you can not force your wife to be seen.
Querist :
Anonymous
(Querist) 03 November 2010
Further to the reply of Mr. Arul, I have tried by all ways and means to talk to her and sort out the issue. She is not ready to talk anything on this matter. Through some mediators she has sent a message to me that she may think of re-joining me if I leave my parents and stay with her on her terms. My parents are Senior Citizens and have no income source except me. And i feel it is foolish on my part to leave my parents as well. Please suggest if i can take a Ex-party decree. I am not sure what is it and I also want to know if she can leave India before sorting out the issue in the court.
s.subramanian
(Expert) 03 November 2010
I agree with Mr.Arun and Arul. Further I would like to opine that the pendency of the matrimonial proceedings will not and cannot be a bar for her trip abroad unless there are some criminal cases.
ashish lal
(Expert) 03 November 2010
file a suit for custody and visitation rights of child.............
Querist :
Anonymous
(Querist) 03 November 2010
Dear all,
Thanks for your valuable comments and advices. I request you to please let me know if i can request for a Counseling for me and my wife so that i can hold the breaking of wed lock. I know that you might feel that i am crazy but the fact is that i am very possessive about her and my child. Please suggest a way forward. Can i request for a lok adhalat or any other way to get her back through a counseling. Please suggest. Thanks.
Ravindra
