AB query
Anil Sharma
(Querist) 07 April 2014
This query is : Resolved
I got AB in 498a on condition that I will shift outside my state, as my wife is not willing to stay with me there. I've been given time for six months. And within these six months we will stay in touch via phone or personal meets. I want divorce after so many false allegations. Please guide. She already sent one sms, that she tried to reach me but I don't reply just by giving missed calls.She want me to look for a job near to her parents house. Also in agreement it is mentioned that she will quash 498a only when I accompany her outside my state.
Anil Sharma
(Querist) 07 April 2014
In the judgement in HC the judge has disposed the case, stating as there is settlement between parties in mediation AB granted and case is disposed. My lawyer suggested me to start collecting 2 3 proofs that I applied for job near to my in laws place just to defend my self.so that after six months I can show that I tried for job outside but with no luck. Not sure is this really going to help. Please advise.
Anil Sharma
(Querist) 07 April 2014
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Anil Sharma
(Querist) 07 April 2014
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Devajyoti Barman
(Expert) 07 April 2014
Reproduce the order passed in AB. It needs to be seen. The condition you are talking about seems unreasonable.
After the expiry of six months you can apply for relaxation of the condition of AB.
Anil Sharma
(Querist) 07 April 2014
Respected sir/madam, you want me to show judgement copy or mediation copy with condition?
Anil Sharma
(Querist) 07 April 2014
Also please suggest, can I go for divorce now or I have to wait for six months. Should I surrender in lower court for RB immediately and then go for Divorce?
Sourav Das
(Expert) 07 April 2014
dear sir,
we have to check both order of AB as well as mediation to make accurate assessment of your case and advice.
you can get divorce on the ground of cruelty (mental).
Rajendra K Goyal
(Expert) 07 April 2014
Copy of judgement need to be seen.
If your wife does not agree for mutual consent divorce, she may file other cases and it may take years in decision of the divorce case.
Anil Sharma
(Querist) 07 April 2014
Hello Devajyoti/Sourav,
Copies of mediation and Judgement sent on your respective mail ids.
Rajendra Sir, need your mail id to sent you the same.
ajay sethi
(Expert) 07 April 2014
you should not have agreed to such a condition that you will look for job near her parents place . your lawyer has correctly advised you apply for job near her parents place . it will show that you did your best to comply with order .
dont apply for divorce now . wait for some time .
Anil Sharma
(Querist) 07 April 2014
Should I apply for RB in lower court, so that opposite party can't harass me n family in future by filing more cases? How long I have to wait for filing divorce?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 April 2014
Irrespective of conditions since the case is disposed So every thing IS over for that case.
You can NOT be prosecuted again for 498 A for old complaint unless new mischief is alleged.
Even new cases now will not be easy.
Your advocates has properly advised that keep proof of trying for job.
HOWEVER IN GIVEN CIRCUMSTANCES DIVORCE WILL TAKE LONG TIME AND WILL NOT BE EASY.
Anil Sharma
(Querist) 07 April 2014
It's almost 1.6 years we are living separate. I even filed section 9 in my city, stating that she deserted me. It was now 5th hearing and she never attended any date. Also I have complaint lodged in police stating that she left me with all her jwellery way back in 2010 to her parents house, but she accompanied that time after staying apart for 10 months. I also have recording of her bad words used for me n my parents. How these proofs can help? Can I go for divorce on the basis of cruelty now, or have to still wait for 6 months?
Anil Sharma
(Querist) 07 April 2014
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Anil Sharma
(Querist) 07 April 2014
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V R SHROFF
(Expert) 07 April 2014
As the Order is only in confirmation of your CONSENT TERM,
You are required to adhere to CONSENT TERMS.
You are advised to sincerely try to get job near her parents as agreed upon.
DO NOT PLAY WITH COURTS..
Anil Sharma
(Querist) 07 April 2014
Hello Shroff sir, I can apply for job near to her parents place. I can even attend interviews, but wt if I fail interview? Will that be investigated by blind court that why I failed. Strange indian law that can't see that the demand of lady itself is not reasonable.
Devajyoti Barman
(Expert) 07 April 2014
Show the courts what you have done. DO not live too much anticipating future events.
T. Kalaiselvan, Advocate
(Expert) 07 April 2014
The law is equal for everyone and you should restrain yourself from passing any adverse remarks against court. If you think that you are more than the court and judge why do you go to the court?, Do you think that you can tell anything about anyone and go scot free? What do you mean by saying the following "Will that be investigated by blind court that why I failed. Strange indian law that can't see that the demand of lady itself is not reasonable."
Which country you belong to when you say strange Indian law? Better mind your words especially while uttering them in public.
Anil Sharma
(Querist) 08 April 2014
Sir, my apologise! But I'm so frustrated. I'm running from my state to opposite partys state with around 20 trips in last one year. I took my mom several times. Somehow I managed to save my job.
Anil Sharma
(Querist) 08 April 2014
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V R SHROFF
(Expert) 08 April 2014
QUESTION ARISES: Y U SIGNED CONSENT TERM, THAT U CANNOT FULFILL??Or had no intention ??
u had taken advantage of ur consent terms, and now trying to get away with it.
Think Twice before it become harmful to you, beyond control.
better settle amicably , with cool mind.
Anil Sharma
(Querist) 08 April 2014
Thank you Shroff Sir, and all other experts for their valuable advise. I will consolidate the knowledge shared by you all and act accordingly. Thanks so much again!!
