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Bhanu Priya (doctor)     16 March 2013

Husband is asking me to join him now? what to do tell me pls

 

Hi all

Please help me to take a good desicion.

 

there was lots of differences with me and my husband, 

and we got seperated 4 years back, as all the mediaitions failed with elders, 

 then after one year of seperation i had filed Restitution of Congugial rights askeing my husband to take me back and  also asked for maintanence under HMA24. 

and after 2 months i have filed 498A on my husband & his family members.

after one year of 498A i have filed Domestic violance on my husband and my family members and   Crpc 125 claming maintnanence from my husband since i am staying with my parents now. 

 

After all these now my husband is comming back and saying that you can join me , but he is asking me to  with draw all the cases and  allegiations that i have filed.

 

1)Since i have filed RCR asking my husband to to take me back, and since he is calling me to join him, can i join him with all the cases pending agains him and his family Members. if  he will not agree for this what can i do here ?

 

2)Previously he was staying in a Big city with a very good job with good salary, it seems he lost his job, and now he is working in an very small city with very very less salary.

 

3) now i am have joined PG and cannot leave in between and join my husband, can i ask my husband to join me to the place where i am right now. or can i tell the court i can join hime only after i complete my PG.

 

4) will the court force me to join my husband by withdrawing all the cases & join him to the place currently where he is working immediately ? 

 

5) he has said the same thing in DV and crpc 125 cases that she can join me after with drawing the cases  agains him ? will the court force me to withdraw these cases also, and will not pass any maintanence to me. 

6) what are the othere implications that will arise if i like to withdraw the cases and join my husband.

 

7) what will happen if i tell the court that i will not join my husband and continue fighting the cases ?

 

please suggest me to take a good descition about my life.

 

bhanu



Learning

 9 Replies


(Guest)

 

 

 

What you want to do?  You really want married life is it?

Bhanu Priya (doctor)     16 March 2013

yes i want to join my husband , but dont know how will he recive me after all these cases filed .


(Guest)
Originally posted by : Bhanu Priya

yes i want to join my husband , but dont know how will he recive me after all these cases filed .


Dear, dont want to scare you. 


But let me tell you out of experience.  You have filed all the cases possible under law.


Guilty or not guilty, that is a totally different matter.


But  your husband and his family members have gone through a lot of humiliation, and might be boiling in anger, which of course they are not showing.


Once either of the spouse for whatsoever reason they deem fit, enter a police station, womens cell, court, that relationship would have lost that taste, for the very reason why one gets married. In short, the marriage will exist only on paper.


What if for the false allegations [assuming that allegations made by you are false] made are just waiting to turn real?


Be careful!

Never Give Up (Fighter)     16 March 2013

This should have been thought before filing all the cases. To my point of view you have taken up every single opportunity to harass your husband and in-laws which is very sad state of affair.

 

As you have used all cases and all probable attack, husband will use every possible tactic to defend himself and his family.

 

After all these cases and 4 yrs of  separation i feel that marriage bond is already over. Better find amicable way of mutual consent divorce.

Tajobsindia (Senior Partner )     16 March 2013

 

 

Originally posted by : Bhanu Priya

 

1. Since i have filed RCR asking my husband to to take me back, and since he is calling me to join him, can i join him with all the cases pending agains him and his family Members. if he will not agree for this what can i do here ?
Take: With a sword put on head of one spouse matrimony is not furthered. Ask yourself same question; will you agree to re-join husband who files cruelty cases / wants divorce from upon his saying that I will continue cases yet re-join me? 
 
2.
Previously he was staying in a Big city with a very good job with good salary, it seems he lost his job, and now he is working in an very small city with very very less salary.
Take: That is your personal issue if you see yourself sustaining in small city then act accordingly OR if you worried that high claims earlier put in S. 24 / S. 125 will now be adjudicated based on his 'change of circumstances' then it is for a Court to adjudicate the matter based on material records of parties and we cannot comment much further. 
 
3.
Now i am have joined PG and cannot leave in between and join my husband, can i ask my husband to join me to the place where i am right now. or can i tell the court i can join him only after i complete my PG.
Take: Once a spouse puts RCR then it is serviced un-conditionally and for the same it is you who has issued Notice on a RCR so you cannot put such conditions.
 
4.
Will the court force me to join my husband by withdrawing all the cases & join him to the place currently where he is working immediately ?
Take: No. It is your RCR least Court will give verdict in your favor and it is your will to re-join failing which it becomes in-operational for all future purposes (litigation).  

5. He has said the same thing in DV and crpc 125 cases that she can join me after with drawing the cases  against him ? will the court force me to withdraw these cases also, and will not pass any maintenance to me. 
Take: What he says is right. To re-start any spouse needs no fear slate and it is obvious that in reverse situation you could have said same.

6
. What are the other implications that will arise if i like to withdraw the cases and join my husband.
7. what will happen if i tell the court that i will not join my husband and continue fighting the cases ?
Take: Since you don’t have source of income now-a-days colly. summery for yours only pondering now are as follows;
A. withdraw RCR with which S. 24 HMA also gets withdrawn and anyhow it is you who wanted husband returns hence Court will not force you to rejoin.
B. continue with S. 125 CrPC with which eventually you may get some maintenance.
C. continue while in PG S. 498a / DV to their legal end.
D. Your situation points to Mutual Consent Divorce for a reason that you are empowering yourself more while other spouse is getting stagnant reeling under below half dozen family law cases minus rosy finances to give you tough contest.

With above micro-view you will not be surfing in duality of mind since you have spent huge amount on legal fees against a husband who once was earning good who now is living on sustenance money r/w four years separation which shows marriage bond breakdown.

Simultaneously your PG will eventually get completed and then you can make a wise decision.

However do ask question yourself what @ Helping Hand asked you in his first reply which hurriedly you responded.

 

 

Msk-need -nuetral- laws (self)     16 March 2013

@ Bhanu,

If he receives you  warm, then you are lucky, but half of  the men once put into intimidiation always find suitable opportunity to show back what served to them. All the advices are vice, and i think the marriage was dead enough and best, you move with MCD instead wasting your life with all legal cases for next 5 years. Remember you have already strengthened him with all cases.

ragz hyder (PM)     17 March 2013

I dont know what kind of a justice system you ahve in India where obvisouly false allegations like of yourself are not met with criminal punishments (the same you intended to give your husband). How can you people WITH legal sanction roam free in the roads of India.

I PRAY FOR DIVINE JUSTICE FOR YOUR LIKES.

1 Like

advocatesriram (advocate)     17 March 2013

Dear Bhanu,

Read your quries. All laws regardinh HMA are associated with the protection of women rights. But normally it is being used as weapon by women in revenging males. It is better for you to reunion with your husband which you too want the same through filing RCR. But the reunion should be proper. So transfer the main stream of RCR to lokadalat. Carry thr process of compromising with your spouse. The passover the madeout settlement to main stream. Get the decree of RCR from court. And now you can reunion with your husband. This process should be a correct and safe one.

With Regards,

C.S.Sri Ram,

Advocate.

Bhanu Priya (doctor)     17 March 2013

Hi Thanks all for your  valubale suggestions


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