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Tapanr (MD)     13 August 2014

Dear experts..need your sincere advice...

1. My wife separated 3 years ago.

2. One year ago she file divorce under 13 1B and "Irretrievable damage"...no 498A

3. She presented all of the evidences and witnesses she could. She has no more to present except forging witnesses/evidences.

4. She requested alimony under Sec 25 of HMA and not Sec 125 of IPC.

5. On the order date, Hon Judge commented that the produced evidences are NOT ENOUGH to grant divorce. Date is extended with no orders.

6. Does it mean that the case is headed for dismissal? Will she get EX-PARTE divorce orders??

7. How can I call my wife back to live with me?

8. Her lawyer is a crook and harasses me through police....the reason I do not go to my home town and work abroad.

 

Please help forum.



Learning

 2 Replies

Tajobsindia (Senior Partner )     14 August 2014

1. The last Order from concerned Court means suit matter shall be pressed for dismissal due to lack of petitioner Evidence and un-necessay lingering of precisous time of Court thus could be saved. Consult your advocate on how to plead / press for the same before ld. Judge on NDOH.
2. If you feel marriage is for saving and wants your wife to return to her matrimonial home then you may file RCR petition in consultation with your advocate.
3. You may also pray to concerned Court to send Parties to mediation - marital counseling minus presence of respective advocates citing wife is being brainwashed by her advisory circle un-necessarily and you want this marriage to be saved. By pleading so Court will make all effort to save the parties marriage.


[Last reply]

stanley (Freedom)     14 August 2014

1. your lawyer should plead for the dismissal of the case on the NDOH . 

2. If the judge is commenting that the produced evidences are not enough to pass an order for Divorce he should very well have passed the order for the same dismissing the case rather than  commenting on the same. On one date they say something and on the next date they turn around their very words  :-) .

3. Even if you file RCR and the order passed is in your favour nobody can force your wife to stay with you . Rather it would be better to directly approach her along with elders and see if the matter can be resolved else seek MCD remarry and move on with life . 


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