matrimonial dispute
neeraj kumar
(Querist) 12 October 2009
This query is : Resolved
it is further releated to my previous query, thanks to all who answered my query, let me ask further that in 406 and 498a which is pending at dist court and the next date is in feb in which she has to produce evidence.and her alligation are as usual and as serious as it could be.some of my friends suggested that try to resolve outside, she might be in search of money.but let me clerify we have done that but she every time says that she wants to live with him. but my friend is not willing to live with him. also about our divorce petition that we just admitted at high court on the basis of crulity itself. but we are not seeing any favourable decision in near future. kindly suggest something.
adv. rajeev ( rajoo )
(Expert) 13 October 2009
I think i have not answered your last question. my suggestion is that it is better settle the matter outside the court with the help of the elders because usually courts are infavour of woman. Cruility is not ground for the divorce.
One practical thing which we had done in one divorce petition. Wife was not ready for the divorce she was so errogant. We did a plan and told the husband that now a days to work in a house no body will come freely, to servant you will have to pay the money whatever they demands, so u be ready to take her to home and entrust the work in the agrl., lands also. according it was submitted in the courtthat husband is ready to take his wife, it directed the wife to go with the husband, that lady within short period returned and she agreed for the divorce, because she was not ready to work in the home and agrl., lands.
So try this method.
n.k.sarin
(Expert) 13 October 2009
Mr neeraj,you must keep in your mind that cases under section 406 and 498a is a criminal trial and after hearing and deciding the case,court has only two option that is whether aquite or punished the accused.so I think advice given by your friend is a most valuable one. Try your best to resolve the matter out side the court.This type of 90% cases resolved out side the court.
A.P.Manoranjan
(Expert) 13 October 2009
Mr.Neeraj,
Try to resolve the matter outside the Court.Better take the help of a family lawer for such action.
JITIN KOHLI
(Expert) 13 October 2009
Mr. Neeraj i have contested so many metrtimonial cases in punjab and haryana high court i don't know all the fact but i tell u some points which are of great value in such cases. first try to compromise if not possible then the sec 498a is not only for girl spouce but for boy also if there is not child born out of wed lock you can prove it a cruality on the mail child, since full submission is recognised by the courts by the girl to the boy this will prove girl defect this may also be corroborated by some doctors report. secoundly. in criminal cases defence need to create doubt you go through prosecution issues thoroughly you definately found a ground to break her case. dont panic since i dont know all the facts if i know i tell about defences.
Sachin Bhatia
(Expert) 13 October 2009
Mr Neeraj,
In my opinion it is better to settle the matter outside the court, because laws are very much in infavour of women. Better for you and you family to resolve the matter outside the court.
