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ashmita (executive)     03 September 2012

Divorce case

dear experts, following is my query:

my hubby filed divorce and now the matter is listed for mediation after few days...... i want to know can i talk openly in the mediation in front of the mediator ?? i have made some silly mistakes in my marriage due to

anger / frustration.....i want to keep ego on one side..and i think if i apologise to my hubby then he may calm down.....if i apologise in the mediation..then will that mean that am the culprit ?? will the mediator tell the judge that i said a "sorry" to my husband..and so marriage went bad because of me?? although cruelty has been from my hubby's side..still i don't want to drag things..and i want to save my marriage..... so please tell will the mediator leak out watever is say ?

thank you



Learning

 15 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     03 September 2012

in mediation you can say you are ready to go back at your husband place and willing to stay back with him. Further it depends on your husband whether to take you back or continue with divorce oroceedings, On what grounds your husband filed divorced with you.

ashmita (executive)     03 September 2012

@ nikhil sir: on desertion and cruelty grounds......he has not attached any proofs...... he asked me to leave my matrimonial home and i have a strong evidence for that.... am willing to live with him..... if i apologise to him in the mediation just for the sake of saving my marriage..then will that go aginst me ??

Adv. Nikhil Seth (legal consultant (9867264707))     03 September 2012

when did you left your husband and when he filed petition against you.

ashmita (executive)     03 September 2012

sir he asked me to leave in may 2011..... and he filed the divorce petition in march 2012

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     03 September 2012

Give reply in the form of written statement to your husband petition and states that you are not interested to accept divorce.

1 Like

Adv. Nikhil Seth (legal consultant (9867264707))     03 September 2012

This is not ground for desertion . For desertion it should be minimum 2 years . Dont worry . You can win this case on merits.As it has been less than 1 year and your husband has filed for divorce on desertion grounds.

ashmita (executive)     03 September 2012

@ nikhil sir: ok....he has also made cruelty points in the petition.....but as of now he has not attached any proofs..........

Adv. Nikhil Seth (legal consultant (9867264707))     03 September 2012

what kind of cruelty points he has mentioned in petittion .

ashmita (executive)     03 September 2012

cruelty points but without proofs mentioned by my hubby are:

1.he says i have a habit of disturbing him wen he is in the office..2.he says i doubt on his character..3.he says i disrespect his parents..4.he says i have dragged him into litigation..5.he says i used to imagine that he will drag me out of my matrimonial home..6.he says i never wanted a peaceful married life..7. he says i have slapped him many times..8.he says i used to threaten him by filing false cases...9.he says am mentally unsound.....

Adv. Nikhil Seth (legal consultant (9867264707))     03 September 2012

1. Disturbing in his office means you go to his office and bother him

2.Doutb on his character means what you mean you have a proof that he is having affair with some one.

3. you disrespec his parents publically or socially or at home when nobody is there.

4.He has filed case for desertion how you can drag him  into litigation 

5.have your husband got into anybody's notice of you slapping him .

6. he needs to prove that you are mentally unsound people.

ashmita (executive)     03 September 2012

1.no sir..i never went to his office....just few messages i used to do..ek din mein shayad hee ek call karti thi main..just to ask wen is he coming.....thats it....

2.sir i have a message where my hubby said that he is having an affair....but he said that on a message after our separation....

3.i don't disrespect his parents publicly nor socially.....but i have shouted inside the house wen dey gave me immense torture....

4.sir i never slapped him on my own..rather he has hit me 2-3 times and in defense i hit him....but i have no proofs....

5. i have no problems mentally.....am normal....

6. i have  a voice recording against my hubby.....in vch he has admitted the reality.....

Adv. Nikhil Seth (legal consultant (9867264707))     03 September 2012

1. he means to say that you visit at his office and bother him.

2. He means to say that you have a proof that he is having an affair withsomeone else.

3.You disrespect his parents publically or socailly or when not one is at home.

4.he has filed litigation against you how you can drag him into any litigation.

5.Have he informed to anybody that you slapped him many times . Is anyone else is ware about your such behaviour.

6.If you are mentally unsound than he needs to prove that .

ashmita (executive)     03 September 2012

ya his parents know that we have hit each other

Adv. Nikhil Seth (legal consultant (9867264707))     03 September 2012

fine ashmita dont worry your case is on merit. If your husband is not willing to live with you. Rather than pressing him to live with you . You can get the matter seltled out of court and file for mutual divorce. it seem your husband has admitted that he is having an affair and interested not  to carry on with you.


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