Sunil (accountant) 14 January 2011

divorce query - please suggest

hi sir. i have applied to take divorce from my wife based on cruelty in 2007 and the case is in mysore court. we are staying separate since 6 years. she is not willing to come and not ready to give divorce. in this 6 years i have not contacted her but 6 months back when my friends asked me to try to convince her, I called her and we exchanged sms and phone calls for a month. Now in the court their lawyer is trying to misguide the court telling both husband and wife are in touch and asking to cancel the divorce case by showing sms exchange. please suggest will this divorce case will be cancelled even thought we both are staying separate from last 6 years and we exchanged sms and phone call only for 1 month.

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YOU MAY SUBMIT YOUR DETAILED REPLY WITH THE HELP OF LEGAL EXPERT.AND SUBMIT NECESSARY SUPPORTING DOCUMENTS .GOOD LUCK.

Sunil (accountant) 15 January 2011

Thank you Nandkumar for your reply. please suggest what kind of reply will help because it is true that we exchanged sms. also what kind of supporting documents should i submit. should i accept in the court that we exchanged the sms and phone call? I exchanged only to convince her but she is not ready to give divorce. in 6 years of separation, only one month contact through phone will affect the case?

Avnish Kaur (Consultant) 15 January 2011

dont talk to her directly in future. if judge asks for reconciliation against ur wish oppose it ,if required by filing a written statement. SMS exchange will not affect divorce case, but be careful in future to avoid direct contact and use a third party neutral mediator to come settlement for mcd.

Sunil (accountant) 15 January 2011

thank you Avnish. i will not talk to her directly in future nor send sms/calls. my worry is during cross if her lawyer tell judge that we are in touch and ask me questions on that contact which I did just for a month. i am confused to face cross only for this matter.

Sunil (accountant) 15 January 2011

can someone please help me with my above question. i have to attend cross soon. how should i answer when opposition lawyer ask me questions on my exchange of sms and calls to wife for a month. as we have exchanged sms closely, opposition lawyer is going prove that deserction will not hold good here as both husband and wife are in good terms of talking and asking to cancel the divorce case. please help with your expert advice.