Need suggestions / advices on divorce case and restoration of conjugal rights case
Victim of Domestic Voilence
(Querist) 24 July 2015
This query is : Resolved
Hello Ld. Members of Lawyers Club of India,
Need your help in my current situation. But let me give you a quick sneak peak of my past. I got married in 2007 according to Christian rituals as I am a Christian. All was good. My mother in law’s interference was a lot in our married life. It was so much that my wife actually launched a complaint against her own mother immediate after 3 months of marriage regarding her severe interference.
Later our son was born in 2008. Everything was good. Wife came back after the delivery of my son from her parental house. Her parental house is 150 kms away from my place.
Then for daughter’s delivery wife went to her parental place. After delivery wife refused to come to me (husband’s house). Then I sent her a legal notice thru advocate. Wife took that notice and showed it to one of the Mahila Mandal. The Mahila Mandal brought her back my house in 2009 itself.
Then in 2010 July wife went for brother’s marriage to her parental place. We all went to the marriage (my son, daughter wife and myself). I immediate came back to my house along with our son and wife showed interest that wife would like to stay at her parents place along with our daughter. I told her they can stay. Son was 3 years old so he came with me but daughter was 1 ½ years old so wife was with wife. After some days I asked my wife to come back to which wife refused and mentioned wife will not come. All attempts made to call her back were in vein. Then I sent her a legal notice again thru the same advocate but wife did not receive the notice. This incident is of July 2010. Later on I filed a case in the Session Court from my place for Restoration of Conjugal Rights in August 2010. Notices were sent to her but wife never attended for a single hearing. There after ex-parte was issued in husband favour. The judgment was made on Dec 15, 2010. The judgment was that “The wife is directed to join the husband’s company along with daughter within 15 days from this judgment date i.e. Dec 15, 2010. To complicate the situation more wife from her parental please filed a case against me stating that the father of our son has forcefully kept the child. Also I never received any summons regarding the custody case of my son which was already filed by wife. Seeing that husband is not coming the Hon’ble judge issued search warrant against son under sec 97 of CRPC. Later on I came to know about the case and myself and my Adv. appeared on the next date. Luckily on the same day I got the legal custody of my son. All the allegation made by wife against me the natural father of the son were false. The application got reject and the search warrant got cancelled.
Wife was aware of the Restoration of Conjugal Rights case which was in my favour and she knew that she has to join husband’s company. Wife never came after that.
Later in Feb 2011 wife filed DV case against me. In DV case wife asked only for maintenance. Wife never asked for children’s custody. Only money asked. In June 2011 thru mediation in the DV case wife came back to husband house along with daughter. Wife had some cruel intentions in her mind. In August 2011 wife left daughter and again went back to her parental house. There after the DV case started again. In April 2012 wife got the DV case in her favour. At the time of filing the DV case wife made the application in the name of son, daughter and herself. So the Hon’ble judge passed an order directing me to pay a certain amount from the day of filing this case and to continue to pay the same amount every month. It was also mentioned that I will not make any contact with her under any circumstances. Not directly, indirectly or thru any other persons or means. I was not in a position to pay such a huge amount. Therefore after all expenditure I use to pay not all but part of the amount.
The biggest mistake I ever made that I never went in for appeal immediately. I was misled by my advocate as to pay whatever I can and the rest we will see later.
Time passed my son started going to School in 2012 and still 1 year left for my daughter to go to school.
In March 2013 wife filed another case against me which was recovery case in the same court which granted her interim maintenance. Wife mentioned that a huge amount is to be recovered from the husband therefore wife made an application to issue distress warrant against the husband.
In April 2013 wife filed another case asking for the custody of daughter in the same court where wife filed DV case. Wife made up a story stating that in May 2012 our son told me (husband) bring sister for some days so wife allowed daughter to come to her brother and after that husband told wife that I have took admission for daughter in school so I will not send her back. The application for custody of daughter was rejected by the Hon’ble court mentioned that when wife filed DV case why wife did not ask for the custody of both children? Wife had full rights to take the custody but wife focused only on interim maintenance. Now this court has no powers to hand over the custody of the daughter so her application got rejected.
While the recovery case was going on wife one day met me in court. Wife quarreled a lot with me. Told me that I am not interested in children give me X amount and give me divorce. I told my advocate about all what happened.
Then in April 2014 I filed for Divorce case from my place. When wife came to know about this wife also filed a case for Restoration of Conjugal Rights from her parental place. Both the cases are in Session Courts.
This is the flash back.
Coming to the points:
In Divorce case my cross examination is already been done. Evidence is already been filed. Hon’ble judge has mentioned other side to say.
Now the Restoration of Conjugal Rights case wife’s cross examination is in process. The drawback for me is the Hon’ble judge is a female lady. TO be HONEST with you the Hon’ble judge is favoring my wife a lot. It can clearly be seen thru the behavior.
Wife has not filed any single document as evidence in any of the cases.
My only and only question to you is:
How can I win the Divorce case?
How can I win the Restoration of Conjugal Rights case?
Husband has already filed the same case 5 years back but the wife did not turned up so ex-parte was issued. Can this ex-parte order be some sort of help to husband? Wife says that there was no mediation done in the DV case and she never came to husband place i.e. from Jun 2011 – Aug 2011
Can I get relief in the Recovery case?
You humble suggestions and advises are most welcomed.
Regards,
Victim of Domestic Violence
P. Venu
(Expert) 24 July 2015
The decision in the RCR may be helpful to you.
Is the wife employed or otherwise educated and/or qualified to be employed?
Rajendra K Goyal
(Expert) 24 July 2015
Consult your lawyer who is well aware of full case file and facts, stage of proceedings and in case of need have second opinion from another lawyer by showing full case file.
Victim of Domestic Voilence
(Querist) 24 July 2015
Thank you for your responses.
@P. Venu Sir: Wife is 12 failed and I am 10 failed.
@Rajendra K Goyal Sir: I already discussed with my lawyer. Thought of getting some suggestions / advices from Lead members of LCI.
Biswanath Roy
(Expert) 28 July 2015
Creating a successful strategy for prosecution and defense is the main criteria to win the case. Legal battle is like a chess board game. Once the strategy was made by your lawyer he knows what steps are to be followed and when. Interference to that may bungle up the strategy made by your lawyer. So under the circumstances without legal conference with your lawyer appropriate guidance cannot be given.
T. Kalaiselvan, Advocate
(Expert) 31 July 2015
Respected senior learned counsel and expert Mr. Biswanath Roy is absolutely right in opining that it will adversely affect you and make a serious impact to the strategies adopted by your own lawyer to save you and get you justice if you feed him with your own ideas and advises. If you find your lawyer is not performing to your expectation or is found to be derelicting then you may seek a second opinion of further advise, it is not so, then you are cross checking your advocate or the experts here, right?
Victim of Domestic Voilence
(Querist) 01 August 2015
@ Biswanath Roy Sir - I totally agree to what you have said. Honestly speaking I will never interfere in the strategy that my lawyer has already planned. I was only trying to get some more ideas from the experts and lead members here which at times my lawyer would be unaware or may not have thought about it earlier.
@ Kalaiselvan Sir - My only reason to post this query her is to get additional ways to help me get out of this situation. I am happy with my lawyer as he is handling all my legal cases which my wife has filed from the last 5 years. He helped me in getting me the legal custody of both of my children. Also I won the RCR case. I have no doubt on him or the strategy plan that he has made. I have read many queries here and I am very much satisfied by the suggestions given by the leads, experts and Sr members of this forum.
It is only the advice/suggestions which I seek from the experts, leads and Sr. Members who might have dealt with such kind of situations. My intentions are never to cross check my advocate or the experts here in the forum.
Victim of Domestic Voilence
(Querist) 01 August 2015
Update
On the last hearing date of my Divorce case (filed at my place) my wife and her advocate seems to have a plan. She came to the court and mentioned that her advocate is not feeling well and requested the court to give a date after 1 month.
Reason I feel that as the RCR case (filed at wife’s place) is still pending. Her cross examination is still in process. The cross examination is still continuing from past 3 court dates.
The judge as I mentioned is favoring my wife a lot. While at my place for the Divorce case there was another case going on where a witness was examined. Some questions were such that the witness said I don’t know. So the judge told the clerk to mention I don’t know that so and so thing happened.
I the RCR case filed by wife when my advocate asks her a question in the cross examination to which she replies I don’t know the judge tell the clerk to write “It is not true that so and so thing ever happened”.
How is it possible. The judge in my Divorce case is a male. He mentioned “I don’t know that so and so thing happened”, where as in the RCR case the judge is a female and she writes “it is not true that so and so happened when the witness mentioned I don’t know.
As per my understanding I feel it is wrong.
Can the experts please help me in how I can stop or prevent the judge in making such statements.
T. Kalaiselvan, Advocate
(Expert) 01 August 2015
You cannot prevent the judge or object to this attitude when you are represented by your advocate. He has to put pressure before court about the irregularities.
However these are are regular court procedures hence no much importance to be given to such minor issues.
Victim of Domestic Voilence
(Querist) 01 August 2015
@ - T. Kalaiselvan Sir – Agree to what you say as I cannot prevent the judge or object to this attitude when I am represented by my advocate. Shall I tell my advocate to raise his voice in a requesting tone to this issue of irregularity?
Also please let me know if there are chances that I can request to change the court and that my matter be heard by some another court and not the current court? Is it possible?
Speaking the truth the Judge favour ’s a lot to my wife. This is discrimination. In the eyes of law everyone has to be treated equally.
Can you or the experts suggest me anything on this?
Biswanath Roy
(Expert) 01 August 2015
You may instruct your Advocate to file a petition before the Chief Judge stating the discriminatory behaviour of the trial Judge in details and request the Chief Judge to fix up the case on some other Bench highlighting the biasness of the trial judge. About 18 years ago a Lady Judge acted in a similar manner to me in the District City Civil Court while I cross examined the witness as the leader of Defense and I reported the matter to the Chief Judge and the Minister of State Judiciary resulted in the Lady Judge was transferred to a lower Court within three days.
Biswanath Roy
(Expert) 01 August 2015
On the 6 th. line of my post instead of the word 'prosecution' read as 'defense'.
