sirish kumar (others) 13 March 2012

Divorce petition dismissed

i filed divorce on grounds of cruelty and mental disorder of n my wife a within a year of marriage . my wife filed 498a, and rcr later. we obtained AB fom HC stating that 498a is counter blast to the divorce case we filed. now my petition for divorce is dismissed. case is in andhrapradesh. 498a proceedings about to begin

1) now can the other party take advantage of this?

2) to what extent my plea that 498a is counter blast stands good ( we said in divorce case also that after knowing that we filed divorce she filed 498a and then rcr as counter blast.)

3) i want to appeal in HC for Divorce. is the presence of party (me) compulsary there everytime? i heard so.

4) i didn't appear for reconciling proceedings in lower court, but heard in HC its compulsary. is it so?

5)we have a proof that two days before lodging of 498a, they came to know of our divorce petition( my parents filed complaint(FIR) in local PS that my wife's relatives are threatening to kill us as we filed divorce against them. can we use this to prove that they know regarding divorce petition before filing 498a.)

6) she agreed in her cross in divorce petition that even 2 days prior to filing of 498a, her uncle came to my house for negotiation. can we say v informed her uncle about diorce petition that day so 498a is counter blast?

what else can be our defences?

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5 Replies

(Guest)

Dear Siva

Matter is critical- But some solution here.

* Do appeal against dissmiss order & if become fail Than Filed new case with compete & strong evidence of crulity against husband.

* there is no compulsorry to presence Before HC at every fixed date. appointed councel will appear on behalf of you.

* Collect the evidence through use the RTI Act 2005.

*file complaint case or u/s 156(3) Cr.pc regarding threat etc.- If you have a strong witness for proved your side.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 16 March 2012

File an appeal in divorce case.

Anyways, they are two different suits and should not have any bearing on the case.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

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SUJAETHA ESHWARA (TEACHER) 14 November 2012

I am from hyderabad , married to a defence person for the past 19 years .He was posted to bangalore for the past 3 years and he manupulated me to stay in hyd for childrens education and local certificates , daughter 18 and son 15 .

We never had any issues or problems till now but i am shocked and not at all prapared to hear that he no more loving me and children .

last year he got his posting order and joined in sep2011, in oct he declared that he wants to take divorce and wanted to marry another girl whom he started loving for the past 4 years . I refused to give divorce and I tried my best and finally cannot unable to withstand his harrasment called my officers and gave an application to higher authorities . which he didnot liked it and left the house in 2012 jan by giving an explanation to officials that he is not into any of these nonsenses and he wants to take divorce so living alone many allegations on me .......all of them know that they are false . only to take divorce he is doing this .

now I tried my best till my finished her 12th exams but he now bought a flat and living with that another lady in front of all officers and filed a legal separation in family court . we told judge that we will not go legal separation .he told to file counter by 5th dec2012.

now please guide me to save my childrens future from his cruel intentions and plan to start his new life having kids

He tried to manupilate my children but they didnot agree, tried to harrass me every day with phone calls from that girls mother asking me to kill myself or give divorcefor that number gave by my husband . I now understand that he nomore a human being and not concern about me and children . HE promised to higher officialsand giving me salary to sustain my children . He is 50 years old , I am 43marriage without any fightings and only because of third person my got ruined. I am living in official qtrs and what to do for my counter petion , date given is 5 th dec 2012 please help me to make it slow and make them realise that it is not easy to break a 20 year old marriage if u love somebody and I want to sue that girl pl help me