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(Guest)

Changing mind in court for a good cause

Hello everyone,


I posted a query about DV few weeks ago. Finally i have received a DV summons and i want to know one thing from experts whether or not it can be done -


My wife have filed DV seeking legal aid and as discussed earlier if i drag the case U/S 482 to high court i know i won't get much from it but my wife doesn't have energy to travel 6 hours by train every month to high court. Here is what i want to do and i want to know from experts if it can be done -


On 1st date i am planning to seek extension from court saying that due to short notice i need some time to reply in reference to the summons received and i would need time to file 482 in high court. Right away when my wife will find out about me approaching high court instead of running case in the city she will come for compromise. If she doesn't come then i will carry on in the lower court saying that i changed my mind instead i would contest the case in lower court. Let me know if such mind change is allowed in court. This tricked worked for me in I.P.C. 406 and right away my wife withdrawn the case hearing that i was going to high court for quashing. I found this from sources. However now the judge has changed and i am not sure if this will be considered as fooling the court but i have to play this game else my wife will have pleasure of running the case in same court which is opposite to her house.

 

My wife is completely greedy and adulterous. I have successfully proved adultery in court and her maintenance was denied now she came up with DV seeking relief and that also after 4 years of seperation. I know neither of us will get anything out of it but i have a job and for me to go to court every day i have to ask for excuse from job which is becoming impossible. Money wise i don't have problem but time is waisting and i want to get out of this. They will come for compromise no matter what but this time i want to create a tension in her family by making them realize that now they will have to repply for legal aid in high court which is easy for her to get but the inconvenience of her travelling to high court will be unbearable for them. My wife's side is greedy. They travel without ticket in train and for them to spend even 1 rupee they think 100 times. The lawyer which they hired is their family member who is also tired because my wife's father is not paying any money to them. I heard that my father in law is changing streets just to avoid contact with the lawyer because he didn't pay his fee priorly and instead he is giving an excuse to lawyer that whenever they win case and whatever money they get out of court they will pay their lawyer.  I have suffered myself alot and i m ready to fight this case in my style. Pls let me know if this can be done.



Learning

 6 Replies


(Guest)

There are people who use their feet for walking, you seem to use your head for walking.  


You may do as you wish.

K.K.Ganguly (Advocate)     28 July 2014

If you think that your stated idea will work, then go ahead with it. In any case, you know your wife best.

Shantanu Wavhal (Worker)     28 July 2014

I have successfully proved adultery in court and her maintenance was denied

 

prove the same thing in civil court in divorce case and get rid of her

dont do unnecessary drama.

T. Kalaiselvan, Advocate (Advocate)     29 July 2014

The DV case filed by her against your after 4 years of separation appears to be an after thought especially when she lost hopes in all other issues.  Even otherwise this case deserves to be quashed by high court u/s 482 owing to the period of separation (provided there was no act of violence committed by you during the said period of separation to her by way of phone or other tortures).  Better do not withdraw your quash case and allow it to be disposed.


(Guest)
Originally posted by : Amit ---------------

I have successfully proved adultery in court and her maintenance was denied

 

prove the same thing in civil court in divorce case and get rid of her

dont do unnecessary drama.

Amit bhai. I have already filed divorce based on adultery and that is why to counter attack she filed DV on me.

Biswanath Roy (Advocate)     04 August 2014

Sorry planning for commission of mischief in law and misuse of law cannot be indulged .


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