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ANEESH TRIVEDI (ADVOCATE) (Advocate)     25 December 2014

Divorce case

Wife was living with husband and still divorce cose filed by her is pending in court and notices and summons are issued to husband

divorce filed in september 09

wife living with husband till may 2011 but notices sent by her father till march 11,

again wife filed divorce with very few and light allegation but in previous application lot of allegation like dowry demand and 498A etc

but in new application only allegation are husband used abusive language for his father and mother , and beat her in present application no dowry demand and Harrasement like threat for her life is there.

question :

1- how husband can use these in his 498A trial

2- how can husband use both petion to file counter case agains wife/

3- any advantage can wife take by this/

[ so that husband get prepared himself to be saved from her false attacks]

4- what advantage can husband take this?[ so that husband make strategy according to that]



Learning

 10 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     26 December 2014

A person may have several virtues but it is his honesty that sets him apart. It stands as a hallmark to his character. Truth brings with it purity. Truth makes a person strong and builds a concrete personality. Our epics too tell us that a person emerges victorious only if he abides by the truth. In the Mahabharata, it was the truthful Pandavas who emerge victorious after the end of the battle. Though Kauravas resorted to deceitful means to overpower the Pandavas, it was the Pandavas who emerged victorious. In the Ramayana too Lord Rama achieved victory through his truthfulness and honesty.

1 Like

Adv k . mahesh (advocate)     26 December 2014

what happened to the first case because you can make use of first divorce case in this present case and contest to overcome it 

ANEESH TRIVEDI (ADVOCATE) (Advocate)     26 December 2014

Originally posted by : Adv k . mahesh

what happened to the first case because you can make use of first divorce case in this present case and contest to overcome it 

the first case  filed by wife in september 09 is sent back to record room by note " No instruction" in march 11.

wife was living with husband in other city from march 10 to june 11. but the notices from wife place are repeatedly sent by her father like TALWANA regulary at previous address.[ husband dont know that they are sending notices of divorce on old adress because firstly wife is living with husband and she was pregnant also secondly they left that place where the notices are coming as they were not issused by husband so going back to court and again by paying fees wife father sending them as wife was living with husband in other city husband have no idea that this is happening]

even wife father [ father in law who is sending notices  ] knew that her daughter is residing with her husband in new city and wife also know that her fathere is sending notice of divorce to her husband on previous place'

is this not a foolish step by father in law? is her advocate dont know if it will come in knowlege of other party or court then this is big foolish step by them?

again i being husband still think that there should be some legal tactics behind that but what is the mind game i did not understood till as new application for divorce is filed at wife place with non standing allegation i mean with that allegation no court will even give date for divorce proceeding....

@ramachary64@gmail.com

sir here you are correct i dont know  much about mahabharat and ramayan as much you have great knowledge but how here i taggle the situation, please give some suggestion over my questions, as per little what i know about mahabharat and ramayan-- i try to clear here also that i am not denying your words but what i feel is as--

Though Kauravas resorted to deceitful means to overpower the Pandavas,

kauravesa never over power pandavas but they over power the presence of Lord Krishna and others who are helping/guiding pandvas. at what time which weapon should be used guided by krishna otherwise pandvas make lot of mistake in whole battle. only krishna was there who corrected their mistake and make that mistake as a weapon agians kaurvas.

 

it was the Pandavas who emerged victorious.

Yes Pandavas was vitorious but whatever they did wrong in battle they paid for that in the end even Udhisthir lost one of his finger during his last journey.[ again is it not painful to loose our children and grand children one by one in front of mather and fathers they loose abhimnay, ghatotkach, even all five son killed by ashwathaama the last baby saved by Krishna othewise they have loose that unborn also, even after they knows karn was their brother so they regret over there as their truth make them killer of their own borther]

In the Ramayana too Lord Rama achieved victory through his truthfulness and honesty.

here you are correct it is very funny and idiotness who found any Mistake in Lord Rama,but those having little knowledge then even find mistake here also---

because of Rama the newly married couple Laxman and his wife get seperated for years [ if Ram convinced laxman then laxman may lived with his wife]

Even Ravan realised that Ram is real god and he one by one sent his dear one to die with the hands of Ram, only few question i have about Ram but I know there may answer which if i know my questions will be funniest but no one till now clear that. but still YES I AGREE PANDVASE ARE ON TRUTH SIDE THATS WHY GOD KRISHNA HELP THEM,

YES RAM WAS 100% TRUTHFULL AND HONEST"they are maryada purushottam "

i nothing to even crores of crore zero to evalute their even wrong minute thing so i cant measure / express their great deed i just bow my head on the RAM , KRISHNA feet and thing myself to be great that they had given me an opportunity to even utter their name, make me capable to say something about them even  if say opposite for them it will be like  MARA MARA MARA MARA it will  be  always RAMA RAMA RAMA RAMA RAMA so why to say opposite just say RAMA RAMA ... whole life your life get succeed.

so no comment over RAMA and KRISHNA and their smallest doing...........Lord never do bad for anybody whatever they do their is reason which normal foolish people dont understand.

coming to present i fall in such type of battle and i think deep by interim soul i swear i did nothing wrong to my wife at least that much that they should file such drastic cases, even i clap once to my wife ... this all they did by ego and once you come on wrong small track after moving little ahed to that track track will wide and widened and widened and the gap become so much that who make small gap not able to fill it up.

the same was my case my wife make needle point whole and later it become like well, i tried to fill that gap by bringing her back after fogetting that she sent me in jail even 498a was on and i won RCR i know i will win all the case but what she did when my daughter is one month old she took my daugter and not allowing me to meet her i did not see her since last two years. so in short i am fighting ............for my innocence, my daughter, and against false case ,

i will send you her recording clip where what she telling you will understood she thereating me to file false cases aginst me , now irritating part is our judiciay which is very slow, and at this stage court is admitting my evidence court frame the charges i appliede for discharge and revision but they gave one citation of devendra nath padhi VS state of orrisa 2005 in which accused can not submit evidence at this stage , but now trail started.

i did not aply for 482 quash as i know i will win firstly

secondly if 482 is in my favor then i cant claim sever damage as court gave justice to me.

but if i succeed in trial fully then i file civil and criminal defamation with huge money

lastly time for trial and 482quash will be almost same even trail finish fastly.

ANEESH TRIVEDI (ADVOCATE) (Advocate)     26 December 2014

@Adv k . mahesh

the first case happening is given above and second case she file in march 14 but till now i did not recevied any notice/summons etc from court under sec13

[ or you can say we are managing to refuse though we have all documents what she produces in that]

SuperHero (Manager)     26 December 2014

Oh God – Please give the OP Faith and Courage to handle the situation and be on the right path of duty.

ANEESH TRIVEDI (ADVOCATE) (Advocate)     27 December 2014

Originally posted by : SuperHero

Oh God – Please give the OP Faith and Courage to handle the situation and be on the right path of duty.

sirji i cant understood for what you are praying?

and which situation to handle OP [ opposite party ] need courage.

if i miss interpretate this than --- it is like this--

to give OP courage for filing false cases and defend then and fight to win them "

but i am sure you are not saying like this as it is not clear so many will think as this.. so please ellobrate your statement.. thanks

I made a mistake in the line--

irritating part is our judiciay which is very slow, and at this stage court is admitting my evidence court frame the charges i appliede for discharge and revision but they gave one citation of devendra nath padhi VS state of orrisa 2005 in which accused can not submit evidence at this stage , but now trail started.

the correciton is like this [ i forgot to write NOT]

irritating part is our judiciay which is very slow, and at this stage court is NOT  admitting my evidence court frame the charges i appliede for discharge and revision but they gave one citation of devendra nath padhi VS state of orrisa 2005 in which accused can not submit evidence at this stage , but now trail started.

T. Kalaiselvan, Advocate (Advocate)     27 December 2014

how husband can use these in his 498A trial ?

  If she has come with a fresh complaint,see how she is prosecuting the fresh one, the husband can draw reference to the previous case if that was withdrawn or dismissed.

 

2- how can husband use both petion to file counter case agains wife/?

What is the counter case called as?, what will be cause of action for counter case?

3- any advantage can wife take by this/

[ so that husband get prepared himself to be saved from her false attacks]

She has come tothe court with an intention to harm and damage you to the extent possible, let she go ahead, challenge each and every move of her fittingly before the court with the help of evidences in your favor or possession.

4- what advantage can husband take this?[ so that husband make strategy according to that]

It depends on the situation and the evidences in your possession.  Bring out the facts behind her false claim/case during cross examination and then fight back.

ANEESH TRIVEDI (ADVOCATE) (Advocate)     28 December 2014

Originally posted by : T. Kalaiselvan, Advocate


how husband can use these in his 498A trial ?

  If she has come with a fresh complaint,see how she is prosecuting the fresh one, the husband can draw reference to the previous case if that was withdrawn or dismissed.


Agreed
 

2- how can husband use both petion to file counter case agains wife/?

What is the counter case called as?, what will be cause of action for counter case?

by counter cases i mean civil and criminal defamation, perjury, child custody , after all divorce etc....

the cause of action will be her false filings and her false statement repeatedy changing prayer and ;eveling down the allegation like murder to oral harrasement which it self indicate that her first allegation is severe and afterthought..

3- any advantage can wife take by this/

[ so that husband get prepared himself to be saved from her false attacks]

She has come tothe court with an intention to harm and damage you to the extent possible, let she go ahead, challenge each and every move of her fittingly before the court with the help of evidences in your favor or possession.

agreed fully but now her moves are all finished, court is calling her to give the statement for what she had given in her applications but she herself keeping away form that also.

4- what advantage can husband take this?[ so that husband make strategy according to that]

It depends on the situation and the evidences in your possession.  Bring out the facts behind her false claim/case during cross examination and then fight back.

 my advocate just concentrating like birds eye on to get 498a in our favor .

here only i with the quidance/help of experts you to get the multiple advantage as i did not make any wrong to wife and my advocate is really very simple gentleman he need the guidance/inspiration he is young chap age 32 yrs. he is hard working in short say just like abhimanu not for me for all cases he dealing, he not having computer and even using simple phone so he is not able to take the advantage of such useful forum.

in my case i am disucssing with expert having great knowledge of law and experience and disucss with him if he get convince then he appretiate and proceed

thank you T. Kalaiselvan sir

your reply is really genuine and practical , the same method is going here in MP lower courts.

keep guiding wish you a very happy new year.

SuperHero (Manager)     29 December 2014

OP meaning the Original Post person here. I mean 498A fighter not the opposite party.

 

I hope everything will be resolved.

ANEESH TRIVEDI (ADVOCATE) (Advocate)     29 December 2014

@ SuperHero

how it will get resolved sir?

what are the possbile solutions you think?

please if you have suggest, so that we also follow the best one..


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