In my case can i go for easy divorce now or should wait to completion of sec 9.
Querist :
Anonymous
(Querist) 22 October 2011
This query is : Resolved
my marriage was solominsed on 6 feb 2003.with 2 childs.my wife always insisted for separation from parents and ultimately i got. separated.in 28 march 2010 my wife goes her parental home for delivary delivered my younger son their.everything was ok till may but when i said her to come back,she refused to comeback and said me to live there as gharjamai.i visited her many times but all is vain.in nov.2010 i filed a applicatin in session court under sec 9.on reconcillation she refused to come back and charged conditions .then she filed sec 24 for maintainace.which was decieded on 7 april 2o11.and on the same day she filed for d.v. sec 12 in her hometown.we visited trice in protection officer.there also she refused to settle the matter .report of protection officer is in my favour.now what should i do??? either should i continue sec 9.or go for divorce???in d.v case my parents and married sister are also involved...are they may be ommited.....?if sec 9 passes one year then is it criteria for divorce??please help me all of my work is ruined and i m in depression
Nadeem Qureshi
(Expert) 22 October 2011
Dont worry about this it is a part of life
fight the DV case and section 9 too, if she is ready to divorce then file MCD before the court, if she is not ready then file divorce petition. there is no other provision execpt above mentioned.
Somnath mukherjee
(Expert) 22 October 2011
MY SUGGESTION IS YOU MUST PROCEED WITH YOUR SEC.9 CASE BUT ON THE OTHER HAND YOU HAVE TO SEE THE WRITTEN STATEMENT FILED BY YOUR WIFE IF THERE IS ANY ALLEGATION THEN YOU HAVE TO CONTROVERT THAT ALLEGATION.IF YOU GET THE DECREE OF RESTITUTION OF CONJUGAL RIGHTS THEN IT WILL ALSO HELP YOUR D.V CASE.FOR DETAILS YOU MAY CONTACT WITH A ADVOCATE OR WITH ME IN MY NUMBER 09874753359
ajay sethi
(Expert) 22 October 2011
1)you have stated that report of protection officer is in your favour? what are the contentsof said report?
2)you want to reconcile with your wife and have filed application for RCR . as a counter blast your wifew has filed case Under PDV act . your wife wants you to be a ghar jamai and you have 2 young kids.
3)from the facts stated by you it appears that reconcilation has failed . if your wife is agreebale go in for divorce by mutual consent .
4)if your wife is not agreebale for diovrce by mutual consent then continue withr RCR .
5)it is doubtful that your wife will agree to RCR . in such a case you cna go in for diovrce after one year
Sankaranarayanan
(Expert) 22 October 2011
yes i do agree with both expert friends opinion.
Querist :
Anonymous
(Querist) 22 October 2011
thanks from all experts.ajay sethi ji. report of protections officer says.......after going through statements and long discussions in three joint meetings with both the parties i m 0f the opinion that there is long history of disputes.both the parties have no faith and respect for each other.the respondents(we)were willings to settle the matter but complainant was ready for mutual settlement .complainantwas adamant on her condition that the respondents should accepts all the allegations(harresment for dowary demand,)in their written statements and should promice to keep her according to her conditions.the respondents were not ready to accept all her conditions and the matter could not be resolved.the comlainant wants to get order prayed in her complaint.in this situation honable court is prayed to pass the orders as it deem fit.
Querist :
Anonymous
(Querist) 22 October 2011
sorry by mistake in 7th line NOT READY FOR MUTUAL SETTLEMENT SHOUL BE READ.
Devajyoti Barman
(Expert) 22 October 2011
If the petitioner so insists for admission of guilt then there is no point for going for a compromise.
You better fight it out in trial.
ajay sethi
(Expert) 22 October 2011
you have no option but to fight the case
Shonee Kapoor
(Expert) 23 October 2011
RCR was the futile case which you started, instead you should have started divorce and the case would have moved beyond pleadings atleast.
Now you either have to wait to get Sec 9 decree, which is anyways difficult, with she filing DV, and then wait for one more year for divorce.
Or withdraw this case and if the protection report is in your favor, pray for divorce on this ground coupled with her own refusal to join matrimonial home in sec 9.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 23 October 2011
thanks to all experts.in sec 9 rcr on reconciliation.certified copy of session judge statement is below...........................EFFORTS FOR RECONCILIATION MADE.THE PETIONER IS READY TO TAKE THE RESPONDENT WITH HIM TODAY AND TO KEEP HER AND MAINTAIN,BUT THE RESPONDENT HAS REFUSED TO GO WITH HIM AND IMPOSED CERTAIN CONDITIONS TO BE FULFILLED BY THE PETIONER,WHICH ARE NOT ACCEPTABLE TO PETIONER.THEREFORE AT THIS STAGE RECONCILIATION OF THE PARTIES IS NOT POSSIBLE AND PETITION IS TO BE DISPOSED OF ON MERITS.LET THE WRITEN STATEMENT OF THE PETION BE FILED BY THE REPONDENT ON 14/3/2011. V.P.BISNOI DISTRIC JUDGE DATED 23/2/2011. 0N 14/3/2011 in writen statement my wife blame she is taken out of house after mersiless beated and she was harrsed for dowary etc.and file sec 24 for maintainance.....rs..15000/month.......................... after arguement on 7/4/11 court order to pay her rs.2000 month. and on same day she filed for d.violence demanding rs 5 lakh as compensation and 25000/monthly and resident and protection order in shared household.this is the story.
Querist :
Anonymous
(Querist) 23 October 2011
all of her allegations are false.she verbely says one thing and in writen says other thing .from last 20 months she and her parents not leting to meet me from my son.when i visit her school ,staff refused. in her d.v. complaint she wrote that i visit school to kill my son !!!!after all this what remain...to do??????????????????????????????????????
Querist :
Anonymous
(Querist) 23 October 2011
(1) is it posible that d.v.case could be cancelled stating protection officer report and sec 9 reconciliation report by appealing in same or high court ?their is a desion in similar case(crl.m.no.-m 25966 0f 2008,decided on march 25 2010 by justice m.m.s.bedi at panjab & haryana high court. (2)how can i take visit order to meet my elder child 7.5 years old child and from which court ?? (3) should i proceed for child custidy alone or along with divorce.??? please answer...with regards ...
