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Raani (HR)     11 March 2013

498a,dv cases filed - counter from husband

I filed 498A & DV cases on my husband and family. we are seperated for 5 years. I am staying with my friends (both wife and husband are friends from college). I am working in govt. Have a daughter. My husband went to remand for 2 weeks, didn't accept for any compromise. My husband is living with another women and have a son from her.3 years back he filed divorce case, I didn't accept, case dismissed. In his counter, he pointed that myself and my friend(where I am residing) are living together, I am an adulterer, claimed those are the reasons for divorce case. He never mentioned like that in divorce case. What is the next cource of action. My lawyer is saying he can not prove adultry.I gave my friends address in my case as residence. What should I do, please suggest? After filing their counter, what is the procedure? can I give reply to it? lawyer says next is evidence for DV. Please help.



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 7 Replies

Manish Udar (www.Mehnat.IN)     11 March 2013

5 years separation is a dead marriage. You cannot get anything from this marriage except money which you can extract from your husband via settlement for 498a and/or various provisions of DV, or even for full and final alimony in divorce case. It is not clear from your query whether he has filed another divorce case after the first one was dismissed (or not).

It is high time for you to move on and to find a man who can fulfil your physical, emotional and social needs.

498a, DV

1 Like

(Guest)

what is there to help? lol

you have done enough damage to yourself, now work hard alone to raise the baby. Good luck.

1 Like

Ranee....... (NA)     12 March 2013

obviously everybody will think it as adultery...what was the reason behind you had to stay at friends place?

vijay (M)     12 March 2013

If the husband puts his foot down, I doubt you will get any money also.  If at all it may be only a paltry sum.  Secondly, highly doubtful any man knowing these background will ever marry you.  so enjoy.

Raani (HR)     12 March 2013

Thank you for your reply Manish, he did not apply for divorce 2nd time. he is just contesting the cases I filed. I asked for perminant alimony through DV, in counter he replied as adultry and money extortion by us, asking for custody of child. Do I have any chance of winning this case? my lawyer says I don't get any money as I am working, do I get any amount for my daughter? He is very rigid and do not want to pay a single paise to me, want back daughter to his custody. I am not sure my lawyer is honest with me and telling truth. He is saying to go for MCD and give custody. 

@ Ranee, after 2 years of marriage we got seperated due to differances, ever since I am staying with my friends as paying guest. In between he tried to reconcile once through elders, again within two months he left due to my friend's intereference in couple of arguments and filed for divorce.He didn't like me staying at my friends place. Now he is showing it as reason for divorce. 

Can any expert lawyer suggest me what is to be done please? Is there any chance of winning my DV case for alimony and child maintenace ? Please help.


(Guest)

 

Originally posted by : Raani

I filed 498A & DV cases on my husband and family. we are seperated for 5 years. I am staying with my friends (both wife and husband are friends from college). I am working in govt. Have a daughter. My husband went to remand for 2 weeks, didn't accept for any compromise. My husband is living with another women and have a son from her.3 years back he filed divorce case, I didn't accept, case dismissed. In his counter, he pointed that myself and my friend(where I am residing) are living together, I am an adulterer, claimed those are the reasons for divorce case. He never mentioned like that in divorce case. What is the next cource of action. My lawyer is saying he can not prove adultry.I gave my friends address in my case as residence. What should I do, please suggest? After filing their counter, what is the procedure? can I give reply to it? lawyer says next is evidence for DV. Please help.

 

Govt job = No money, no alimony.  May ask money for daughter.


Staying with friend male = give meaning of adultrous behaviour of yours.


498a filed, DV filed.  Next what is left is RCR. File RCR.  That best option for you

 

 

Originally posted by : Raani

Thank you for your reply Manish, he did not apply for divorce 2nd time. he is just contesting the cases I filed. I asked for perminant alimony through DV, in counter he replied as adultry and money extortion by us, asking for custody of child. Do I have any chance of winning this case? my lawyer says I don't get any money as I am working, do I get any amount for my daughter? He is very rigid and do not want to pay a single paise to me, want back daughter to his custody. I am not sure my lawyer is honest with me and telling truth. He is saying to go for MCD and give custody. 

@ Ranee, after 2 years of marriage we got seperated due to differances, ever since I am staying with my friends as paying guest. In between he tried to reconcile once through elders, again within two months he left due to my friend's intereference in couple of arguments and filed for divorce.He didn't like me staying at my friends place. Now he is showing it as reason for divorce. 

Can any expert lawyer suggest me what is to be done please? Is there any chance of winning my DV case for alimony and child maintenace ? Please help.

MCD?


Yes, go for MCD.  But I dont think there is need for going for MCD now.


Court automatically grant divorce for the mental cruelty tha you've bestowed upon your husband via gifts like 498a and DV.


Butterfly, breast stroke, relay all types of swimming strokes done and displayed, now nothing can be done.

Msk-need -nuetral- laws (self)     12 March 2013

@ Author.

You seem to have got a sensible lawyer who is honest in my opinion and also who exactly tells the situation.You cannot get alimony for multiple reasons, best MCD with condition for child visitation rights and maintenance.


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