Please Advise
Querist :
Anonymous
(Querist) 18 November 2009
This query is : Resolved
Respected sir,
As i always in favor of living with my wife as she has filled a case against me u/s 498a,406,34ipc.now she has filled divorce and i don't want to divorce her as she is under the influence of her family.
please advice me what should the court will do?
please advice me if i go to court and tell that i want to live her whether the court will help?
adv. rajeev ( rajoo )
(Expert) 18 November 2009
when criminal case is filed u have to face it, only compromise can make some good to u.
If you are not interested to divorce ur wife then ur elders can only help you, discuss with the elders of your society and ur wife's so they can some effort to unite both of you.
There will be a conciliation stage in the divorce petition, it is good time to correct your mistakes, judge will enquire both of you so u can utilize it.
Devajyoti Barman
(Expert) 18 November 2009
Its really nice know that you still wish to stay with your wife. As your wife has filed a suit for divorce then you could file a written statement and refuse to give divorce. The Court has limited scope tp help in this thing except at the time of reconciliation it can ask your wife to bury the hatchet and stay with you. However that would be only an advice and not binding upon your wife.
Kiran Kumar
(Expert) 18 November 2009
Rajeev has given you a good advice.
if u wish to take her back in the matrimonial home then its good, be firm on your stand in court.
Guest
(Expert) 18 November 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251,
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE MESSAGE KINDLY NOTE THAT
1.AS SEC.498A FOR DOWRY DEMANDS AND FOR DIVORCE THESE TWO MATTERS ARE FILED AGAINST YOU MEANS LOT OF LEGAL COURT MATTERS ARE ALREADY IN PROGRESS MEANS YOU HAVE TO PLAY SAFE. JUST HANDLE WITH CARE.KEEP COOL AND DELAY THE DIVORCE MATTER.
2.IT WILL REDUCE THE IMMEDIATE HOT FEELINGS AND THERE ARE CHANCES OF COMPROMISE BETWEEN THE COUPLE.HENCE JUST DELAY THE MATTERS AND YOU WILL SUCCEED.
YOU MAY FILE A WRIT PETITION UNDER SECTION 482 OF CRPC AT HIGH COURT FOR QUASHING THE COMPLAINT UNDER SEC.498A AND OTHER SECTIONS.
3.YOU MAY SEND DETAILS OR CALL.
WITH BEST REGARDS TO YOUR FAMILY AND FRIENDS
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
Raj Kumar Makkad
(Expert) 18 November 2009
It depends upon mutual understanding and compromise between both of you. first of all without creating any bitterness defend your case through god lawyer and thereafter try to convince her about your good sense and desire. If she agrees then you can get the desired results.
Adinath@Avinash Patil
(Expert) 19 November 2009
You have to defend all cases against you,then in divorce case at conciliation stage you submit your willingnes to live with your wife.
Sachin Bhatia
(Expert) 19 November 2009
You have to strongly defend the criminal cases against you. If you wish to take your wife back you have to file a petition for Restitution Of Conjugal Rights.
Dr.Anjani Kumar Vaidyasen,09431271130,Patna
(Expert) 19 November 2009
