Dear Sir,
I had a love marriage with my spouse 4-5 yrs back. I am running through cases, 498, 125, 13-A all false :(
I will give a history, Apr 2012 - 498 filed... 125 & 13a filed in June 2012.
I was out of India, My family got AB in Apr 2012, and I received AB in June 2013 through High court.
After getting AB, Mid Jul I came back to India to fight the cases. Meanwhile, she got the Ex-Parted Divorce in Jul 1st week. After getting Ex-parted for 125 also she asked ex-parted favor decision but court refused.
I came to know this Divorce decision in Jul end, immediately (under 30 days from ex-parted) I filed the application for bi-parted which is still in progress.
For 125, court arranged counseling in the presence of counselors (4 were there but appointed one), however all 4 knows what happened over there.
I met my spouse after 2 yrs and the talk was very emotional & sophisticated. During talks, I found she still wants to be with me but here family is not allowing so she will go with her family decision only.
I had a very polite talk and didn't discuss 498, 125. I just talk for maintaining good relation again. Outside of counseling room, her brothers were standing and asking her to leave the talks in between. Primary appointed Counselor along with other Counselors had a very good talk with me.
However, I requested and arranged to have another talk through counselors after 2 weeks, she agreed too. She lives in the same city where case is running, I had to travel about 600 Km, I appear again but
She didn't come that day. Counselor called and asked to come for the talk, she first agreed but then again called no one at home so can't come. Everyone including counselors understands that her lawyer & family didn't allow her to come.
Primary appointed counselor came very late and this time she was not talking the way she had a talk on 1s time. However, there were 3 other counselors were interacting very well with me while I was waiting for my wife to come.
On next date, we both appear to the court but just they took copies of my Bi-parted application and that’s it. No talks were there.
After that, I had a date for 498 where my spouse and others should come to the court, they never came before. This time, they came and given application with false report signed by my spouse, that on both the dates in Family court I threatening them not to come to the court for 498.
They asked to cancel my Bail on this ground which is completely false. I didn't have any kind of such talks. Also, they asked to appoint their lawyer along with Govt. lawyer for 498.
I have a lawyer, but I always received good advice and help through this forum. Shonee ji and all have given good advice. I always followed and so after getting Ab, came back to India to fight the cases.
Please help. My questions are:
1. How Court can consider this false report without any proof? Also, they filed report 50 days later of 1st date & 20 days later of 2nd court date.
2. Still Counselor’s report didn't come. If Counselor will put honest report then no issues. But, Can Counselor also put false report? If so then what should I do?
3. What should be my actions now? I didn't file any case against them, apart from Bi-Partee application. So, from my side nothing wrong.
4. If court allows her lawyer then how can he make the impact because lawyer is the primary problem here that always put false case and follows wrong ways.
Please help.
Regards,
Anshu
