Divorce petition by wife

Do not rush into anything at this time. Just buy time. Invent every excuse possible. If you are not served the summon yet, avoid taking service. Fall sick. Get medical certificates. Get admitted for a few days in hospital. Your main weapon is her extra-marital affair but that has no evidentiary value based upon what you are describing. Hire a licensed private detective and get solid proof. The private detective MUST be licensed otherwise you are breaking the law. Then you have him file an affidavit in Court with all his observations and photographic evidence. Cross-examine him as your witness. The rest is easy. Pay the private detective on a pay-as-he-gets evidence basis with some advance. Do not pay the entire amount upfront.  In the mean time, pretend that you want her back. Send a RCR notice asking for restoration of conjugal rights.  In this notice write to her that you are willing to forgive her if she returns back and withdraws her divorce petition. Tell her that you still love her.  Be Mr. Devdas for some time until you get all the evidence you need.  Trust no one with your strategy. Even tell your advocate that you want her back. That is important because you can be sure that your advocate will discuss everything with the opposing party hoping to get some bribes from that side. In any event, you must always make your advocate feel that you trust him like your brother but in reality trust him as much as you would trust the devil himself!

Do not discuss the hiring of private detective with even your best friend, let alone  your advocate. As you know that advocates are like prostitutes. Your advocate will sell this info to your wife's advocate and she will be looking behind all the time to see if she is been followed.  As for friends, they may talk about it inadvertently with their friends. Use your advocate only like you would use a dog. To bark... in Court and to pass misinformation to the opposite party. You plan and decide your strategy yourself. Do a lot of reading on divorce laws and cases. Never sign on a filing prepared by your advocate unless you have read it thoroughly at least two days in advance and incorporated changes that you want.  I won in Family Court, MM Court, High Court, etc... all on my own with my ex- hiring an army of advocates. I started representing myself after finding out what my advocate was doing behind my back. I changed my advocate but the second one was no better in terms of ethics or knowledge. Then I realized that their breed is infected with a low IQ and lack of ethics. So, do take my advice seriously for your own good. Law is very easy to learn especially if you come from a science background.  

If you want to lose the case and have it dragged on for years, then rely only on an advocate, trust him 100% and do nothing yourself. GOOD LUCK!!!

Hi Samir,

good thing ,you represented and argued for yourself in the court.For that did you started learning laws and sections? how many years it  took you for getting rid of all cases in all courts?

@Hema: It takes no more than one month, with two hours reading per day, to be fully aware of all basic procedures, Acts, etc. which are relevant to matrimonial disputes. Learning matrimonial law is an ongoing process but then the process in India is so slow that you have all the time in the world to do so. I would take material to read while I was waiting for my case inside or outside the Court.  In matrimonial cases, the nature of the beast is such that delay is inevitable with mandatory counselling, long appeal process, etc.  It took me a total of four years to get divorced and the appeal in the High Court disposed of in my favor. The DV case also took almost the same time...  I prevailed everywhere in all cases but that was because all cases filed against me were frivolous. Post-divorce, I filed petition to restrain her from using my surname and for misc. relief. That is pending. I have now filed civil proceedings against her and her brother now to recover monies stolen from my account.  

If you think that an advocate would have done it faster, you are totally wrong. I hired advocates in the beginning. Now, I have them but only to show up in Court when I am not there and inform the Judge that I am unable to come or for putting some signature of an advocate.

My advise to everyone: Hire Advocate Google. He knows everything about every section and Act. He knows all the cases and best of all, he is free and available 24x7. 

thanks for the needy advice samir.One thing i forgot to ask you,which place are you from?i mean in which place court preceedings happened?

and was 498 and Domeastic violence case filled simultaneously?

Hema, though my case was in North India, it really does not matter because HMA, 498, DV, etc are all national and not state-specific laws (may be exception could be J&K).  Looks like you want to file all these cases on your husband in which case please ask him to contact me so that I can help him -:)

Hi samir,

jokes apart. :) No, i have no intentions to file any cases against my husband.But may be he wants to file for divorce,as he is eager to remarry!!!! ... :P definitely will ask him to contact you :P my concern was , in banglore,there could be lot of family court cases running,and people say it takes many years for the cases to end....

Personla mail ID: mail2hemap@gmail.com

Kiran,

If your wife side have intentionally quoted wrong address in the court on the petition for divorce for service of notice to you, why do you bother about the things happening at your back or in the dark.  If at all they are bent upon getting an ex-parte order against you, feel happy that you got rid of her  without any cost.  Moreover, they have not filed any case for dowry harassment or domestic violence, so if they are filing an executive petition for enforcing the court order for maintenance amount, if any and if you receive a notice on it, contest the case afresh then, until then set aside all your worries about nothing. Advocate Kalaiselvan, 9443441062

Yea Samir, same is the case for me. I have won 1 of my case and is troubling the other party in other cases.

Fighting yourself is really very enjoying and i am enjoying while fighting my own cases without any lawyers support and lawyer represents me only when i am not in court, same as u.

The other party is getting frustrated gradually as i have learnt abt the laws and now the truth is coming out in courts.

God Bless these unscruplous ladies who made me hellbent to learn these laws. I owe my success to my lovely lovely wife ..............Lol