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Ritesh Srivastava (Manager)     04 March 2013

Case filed in 13a - help needed

Respected Experts,

                                I got married in Feb 2008. At that time I have been informed in written that she has done B.Tech.( Later we came to know that she has not done B.Tech.) and pesuing some other course which will be finised by 6 month, but that continued for two & half year ( during which she lived alone in faridabad).

                    When she came to me, she started her tantrums and had complaints /problems with every situations/ persons including me and my family members. As we were in a distress marriage and she told me several times that she dont want to live with me as she cant adjust with me and my family. We filed a case for seperation with mutual consent( i.e. 13 A) after which she left my home and resided in Delhi for some other job oriented course ( during which I have sent her Rs. 5000 per month, for 6 month through bank transfers) . but now when the date of the case arrived she is blaming me & my elders and changing her statement in the pressure of her family members and asking that I will not give divorce.

                    She has also taken some of her ornaments back  with her ( I have taken an statement of the same on stamp paper).

                    Now my question is, Can they use DP Act against me ? If yes what should I do, as I am having documentry proofs that I sent money to her. As well as the matter of the case filed, In which it is mentioned that we are having mental mismatch and we have not been living together and not having physical relation too. Also we have decided that what has to given and taken.

                   Also can I file a new case in Sec 13 B in my city's Court on the basis of Desertion of marital happiness on the basis of Mental and Physical Cruality  (As she is not having physical relation with me i.e. the marriage is not consumeted).

                  Kindly help me.....



Learning

 6 Replies


(Guest)
Originally posted by : Ritesh Srivastava


Respected Experts,

                                I got married in Feb 2008. At that time I have been informed in written that she has done B.Tech.( Later we came to know that she has not done B.Tech.) and pesuing some other course which will be finised by 6 month, but that continued for two & half year ( during which she lived alone in faridabad).

                    When she came to me, she started her tantrums and had complaints /problems with every situations/ persons including me and my family members. As we were in a distress marriage and she told me several times that she dont want to live with me as she cant adjust with me and my family. We filed a case for seperation with mutual consent( i.e. 13 A) after which she left my home and resided in Delhi for some other job oriented course ( during which I have sent her Rs. 5000 per month, for 6 month through bank transfers) . but now when the date of the case arrived she is blaming me & my elders and changing her statement in the pressure of her family members and asking that I will not give divorce.

                    She has also taken some of her ornaments back  with her ( I have taken an statement of the same on stamp paper).

                    Now my question is,

1.  Can they use DP Act against me ?

Answer:  Yes.

 

2.  If yes what should I do

Answer:  Now it depends on you whether you are ready to take her back again into your life.  As the DV case has a unique meaningless power that of, passing ex-parte orders without hearing your part of the story, with police protection the wife will be made to go to her last place of residence when you both were together, it might be your own house, or your parents house, or the place where you are living right now.  

If you want to accept her back, you may as well.  If you dont want to accept her back, I will give you better ideas as to how to go about it.

 

, as I am having documentry proofs that I sent money to her. As well as the matter of the case filed, In which it is mentioned that we are having mental mismatch and we have not been living together and not having physical relation too. Also we have decided that what has to given and taken.

 

[ your having all documentary proofs is a very good thing, and also try to collect the details of bank transfer, all these documents will come handy once you go for divorce proceedings]

3.  Also can I file a new case in Sec 13 B in my city's Court on the basis of Desertion of marital happiness on the basis of Mental and Physical Cruality  (As she is not having physical relation with me i.e. the marriage is not consumeted).

Answer:  13b is again MCD application, your wife, I really dont think she will agree to give mutual consent divorce.  As you saying that the marriage is not consumated, you have a vaild reason for filing for divorce, but it also depends on how you build your case.

                  Kindly help me.....

.........................................................

Ritesh Srivastava (Manager)     04 March 2013

Dear Sir,

             Thanks for your suggestion. 

             It is very much decided that I dont want to accept her back. Now looking into the situation, kindly give me better ideas as to how to go about it.

                 I am collecting evry possible proof which I could to help me.

rajiv_lodha (zz)     04 March 2013

"If you dont want to accept her back, I will give you better ideas as to how to go about it"........... Dear Helping Hand! Plz provide innovative ideas for the same, i need them. I am fighting contested divorce, which i dont think wil be decided in 4-5 yrs more. Wife, after all her ammunition is exhausted, wants to come back, i fear that she may do some adventure to put me in a tight spot

(Guest)
Originally posted by : Ritesh Srivastava

Dear Sir,

             Thanks for your suggestion. 

             It is very much decided that I dont want to accept her back. Now looking into the situation, kindly give me better ideas as to how to go about it.

                 I am collecting evry possible proof which I could to help me.


Such details If I give here, it would be condemened by lawyers here. So we talk via PM!


(Guest)
Originally posted by : rajiv_lodha
"If you dont want to accept her back, I will give you better ideas as to how to go about it"........... Dear Helping Hand! Plz provide innovative ideas for the same, i need them. I am fighting contested divorce, which i dont think wil be decided in 4-5 yrs more. Wife, after all her ammunition is exhausted, wants to come back, i fear that she may do some adventure to put me in a tight spot

Such details If I give here, it would be condemened by lawyers here. So we talk via PM!

Ritesh Srivastava (Manager)     05 March 2013

Dear Sir,

            It was a mistake from my side, we have filed the case in 13 B ( By mutual consent) in my city's court  and NOT in 13 A. Now kindly help me what to do. Also can we talk on phone or any other medium where you could help me directly ?

           Also can I file a new case in Sec 13 A in my city's Court on the basis of Desertion of marital happiness on the basis of Mental and Physical Cruality  (As she is not having physical relation with me i.e. the marriage is not consumeted).

              Kindly help me......


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