Need some serious help with divorce case !!
CJ
(Querist) 29 March 2014
This query is : Resolved
Dear Sir,
I am in a serious trouble. would like to ask some help from any source.
My brother married 2 yrs ago. and thn divorced 1 n half yrs later.
at strt it was mutually agreed as we paid the money with mutual consent with both parties understandin....a huge amount tht we took loan n paid...
LAter after 6 month of court period.. the wife rejecting the petition saying dnt want divorce n want to come back bt no possible to take back.
in the meantime, she also filed FIR for 498a n SHTRI DHAN...whch further caused much trouble n problem...
n now we r troubled...wht to do..money paid bt in petition not written much amount...
we dnt knw wht to do...helpless...any kind of solution...
We belng to very good family and hve good reputation and entire area or station can come to gve there words fr our goodwill.
how can we get help?
thnks
Devajyoti Barman
(Expert) 29 March 2014
Forget the money.
Apply fro bail and be ready for long battles.
If the mutual divorce petition is wisely drafted then you can try your luck in quashing before high court.
CJ
(Querist) 30 March 2014
Thnk u fr quick reponse !
we already feel tht we lost the money. and as it was mutual agreement so tht lawyer at first was from there side.. n he cheated n took sign n various paper n didnt draft properly...
we have taken bail it cost too much..and now fighthing fr divorce case n another fr 498a n shtri dhan...
helpless....its misuse of law by thm...
CJ
(Querist) 30 March 2014
jst needed some advice, guideance..wht can be done..
as she filed an fir on false...
can we also file FIR on her based on cruelty? or any option or anything...
Dr J C Vashista
(Expert) 30 March 2014
First of all donot shy away and disclose your identity, annonymous query is not entertained.
Secondly engage a local expert lawyer dealing in criminal and matrimonial cases which you can easily afford since you "belng to very good family and hve good reputation and entire area.."
Last but not least Hindu Matrimonial Laws heavily tilt towards female, you have to bear.
Devajyoti Barman
(Expert) 30 March 2014
File a case of cheating u/s 420 IPC against the wife and her parents.
Rajendra K Goyal
(Expert) 30 March 2014
Defend the cases against you. In legal field don't believe any one specifically the opposite party or his counsel.
Agree with the advise of expert Dr. JC Vashishista ji.
R.K Nanda
(Expert) 30 March 2014
no more to add.
T. Kalaiselvan, Advocate
(Expert) 30 March 2014
Learned expert Dr. J.C. Vashista Sir has given some valuable tips on the subject issue. Besides, as suggested by expert Mr. Barman, you may even lodge a complaint with the local police for cheating against them. This will happen when you people are lazy and negligent, what prevented you from going through the MCD papers before signing it?, What is the reason for lethargy?
ajay sethi
(Expert) 30 March 2014
on one hand you say your brother is divorced after one and half years .
on other hand you say after filing peition for divorce by mutual consent your wife refuses to go ahead and wants to stay with the husband .
in such a case you ought not to have paid money at time of filing of peition for divorce . it should have been paid only at time of second motion and grant of divorce .
it further appears that you have paid substantial amounts by cash for which obviously uyou dont have much evidence .
what does consent term say about wife streedhan ? it is necessary to go threough the clauses of consent terms to advice .
you must have engaged a local lawyer . go by his advice .
malipeddi jaggarao
(Expert) 31 March 2014
Do not be panicky. Engage a local lawyer and defend your case.
CJ
(Querist) 31 March 2014
@Dr J C Vashista : Thank u fr ur valuable suggestion. Yes we have taken the best lawyer available in the city n he give it to someone else as he dnt handle such cases...whch in fact chrges a handsome amt...bt i want advice if anything further can be done.
@ Devajyoti : Thnk u. bt cann we file u/s 420? how? and the wife father has passed away before marriage n her mother n brother r not interested...all is taken care by her sister who is much the reason fr al bad too..but hw can we file on this basis now？
@ T. Kalaiselvan : Thnk u sirji. but it wasnt negligence, but we were in good faith n trust to do the same. n thought will all be done properly and between parties of both family sit n disuccss n paid n did all...bt now the girl not agrrening..
@ ajay sethi : the divorce case is going not..not currently divorced...and we have paid the money, she hve taken all her belonging, jewellery, everything she own n some of us too..and EXTRA money tht we knw n dnt knw...
abt streedhan..actually discussed between partied she took everythign of her belongs..n we keep wht we gve n she take wht she gave...n some of us whch we dnt knw as she pack herself.. nw she wants more...
and yes no much evidence...as allunder mutual consent n agreed between both partied.
@ Rest : Thnks a lot fr the advice.
As now she is jst trying to harrass us..wht shuld we do. as suggested by Mr.Devajyotiji. can we file u/s 420? and are the clauses in it..or any other options?
ajay sethi
(Expert) 31 March 2014
file for quashing in High court 498A case filed by your wife . mention that all streedhan has been paid to her enclose copy of consent terms .
if your wife doesnot appear your petition for divorce would most probably be dismissed as for divorce by mutual consent both presence is necessary in the second motion .
you can file case for cheating under 420 as payment was made to her on basis that she would consent to divorce by mutual consent . today your wife is refusing to attend court and refuses to grant you divorce as agreed upon
V R SHROFF
(Expert) 31 March 2014
CONTENTS OF DIVORCE PETITION IS VITAL.
if u properly plan legal battle[ seems u made mistake in doing so earlier] , you can push her to walls.
Attack is best way to defend, with such cheater women..
CJ
(Querist) 31 March 2014
@Ajayji : yes it is mentioned in the mutual agreement copy tht all money, jewelery,everything belong to her has been give and paid to her along with permanent n full n final alimony and everything...but now she claims tht it was signed with pressure from both parties..whch infact is lie.. n now she say dnt want divorce n want come back..bt we cant take back..as u knw..All can be proven with the agreement copy.
ITs mutual petition..n she come n says different things from her own words everytime in the court of law in front of Honorable Judge..even Honorable Judge knws she is chnging statement from her last statement..bt as it is mutual..n now she dnt want divorce so wht can court do? right? As honorable Judge told us.
i m little confused abt 120? yes payment was made n aceepted...she coming in court bt as mutual petition is going on n she say she dnt want divorce..n we want..i dnt knw bt it sounds wrong tht payment was made on basis tht she would consent to divorce by mutual consent...
Biswanath Roy
(Expert) 31 March 2014
Judicious advise and right opinion of the Learned Dr. J.C. Vasista which I ENDORSE.
