Final arguments in a fiercely contested divorce case

Originally posted by : Sid
	Hello Friends, My estranged wife has filed a divorce case u/s 13 HMA (on the basis of cruelty - both physical and mental). All the evidences are complete. I have the final arguments date on Monday, March 04, 2013. Please do let me know the procedure for final arguments. Please do let me know the Judgments/citations prefably Rajasthan HC or Supreme Court which I could attach in favor of my final arguments. Also please do let me know your thoughts on the following: (i) In my reply to her divorce petition and my examination in chief statements I had stated that she had told me that "she had married on the insistence of her father and that she loved someone else and wanted to marry her". She had told similar thing in her examination in chief that I loved someone else and that I had no interest in her. She had asked me in my cross the name of the person who she loved. Obviously no wife would tell the name of her lover. I told her the same thing that she hadn't told me the name of her lover. All these had to be recorded, or atleast a general discussion between you, your parents, and her parents should have taken place, and proceedings recorded, would come handy to get divorce My Query: ======== Does this amounts to mental cruelty? I am sure her lawyer would raise this during the final aruguments that I have made a false allegation (that she loved someone else) which I couldn't prove. So this amounts to mental curelty towards the wife. I think there is a judgements towards this as well. Does only this statement really amounts to cruelty towards that wife? What can do really to counter this during final arguments?   Yes, and how.  How can she take her lovers name in front of you.  This is absolute case of mental cruelty.  Yes recently there was a judgment on mental cruelty which you will find attached in this reply.  Make best use of it.  Now that evidence, and cross examination is over, most of it stands on cross examination details that have already been marked by the judge.  Now its upto your lawyer's capability how to take the case further and get you a divorce. (ii) On more thing we said in our reply and my examination in chief that my estranged wife gets fits. She got these fits in her hometown as well as in matrimonial home. This was coroborated in statements made by my father and my bhabhi. She asked me the proof which I can give in support to these for which I said that you were taking medicines from your family Dr. and he was doing treatment and so I don't have any proof for this. Does this also amount to mental cruelty? Whatever allegations she makes amounts to cruelty.  THere should be evidence for whatever she says in her affidavit, otherwise all those allegations will finally give one meaning, that of imposing cruelty mentally on the husband. I can think of only these 2 incidents which can well be raised by her lawyer. Rest all incidents there is no independent witness of mental cruelty incidents which she has mentioned only heresay. There is no proof of her physical or mental cruelty. In her deposition she has only given a prescriptttion of her family Dr. which says that - "The patient is not responding to queries and is completly silent. Seems to have some mental shock". There is no independent medical observation. Would this prove her mental cruelty? Other than this there is no direct documentary evidence.   One prescripttion anyone can get.  It should be from a government doctor who specializes in psychiatry. Please do help me with your esteemed suggestions. Thanks and Regards, Sid.

Sid

her, him that was confusing.  I hope you are satisfied with the answer above.  If not kindly revert back.

Please do tell one thing, you really want your wife back? I read few of your old queries.

It looks as if you do not want to give divorce to her.

This is a unique case, where wife wants divorce and husband is unwilling.

Originally posted by : Sujay
	Please do tell one thing, you really want your wife back? I read few of your old queries. It looks as if you do not want to give divorce to her. This is a unique case, where wife wants divorce and husband is unwilling.

It happens when wife is desperate to get remarried and is in love with her lover . Hence the author does not want to give divorce :-). and this must be making her mad :-) :-) 

Ok... got your point. Dont give her divorce.

She shouldnt have married you if she was having an affair earlier to marrying you.  She could have as well married that other guy and saved your life, your parents life, headache, tension.

Now lets think how to avoid giving divorce. Brothers lets help our brother who has been cheated.  Come up with ideas.

@ sujoy 

Author of this post should state the allegations which have been filed and under what grounds is she asking for Divorce . And remember contested divorce would take years to come to a judgement  in the absence of any allegations not being  proved .

ok.

You said in your chief examination that your wife had been forced into this marriage and that she did not waant to get married to you but got married just because parents forced her to.

You have said that she has a lover before marriage.

You have said that she gets fits.

Simple and clear thing is, when you say I love you, you should not be kicking her arse and still tell I love you.

You have made certain allegations as you have stated above, which you should not have made, if you really did not wish to give her divorce.

Now that you have made allegations about her character that she had a lover etc and also her physicality, ie that she has fits, for both of which you do not have evidence, that will be projected by her lawyer to the court as cruetly meted out by you to your wife.

But that am not sure alone can be a reason for granting divorce.

But then keep crying, literally, that you love her, if you want dont want to give divorce to her.  Make the judge say that go for conciliation for the umpteenth number.

if wife wants divorce, go for MCD without accepting any extravagent demands.

its futle to drag the litigation, just to harass her - 

not advised too

get rid of her.

i differ with you sujay....whats the point in dragging on with a literally dead body (i.e.wife) if she is really not interested in him, then whats the point in dragging on??????

The point of dragging on is to teach the wives a lesson.

When she's in love with someone why did she marry this guy. If it was mistake, she should have discussed and agree for a mutual consent (hopefully compensating the guy with handsome money for taking his life on a ride).

See the gains and losses from husband/wife points of view. Wife gets her lover (as well as having the experience of another man i.e., her husband), she does not have to face society's pressures since she's getting a brand new husband very soon. She may even get alimony. All win-win for her. But for the husband, bad societal impression and the pain of finding another (good) wife. Loss-loss for him.

Let her be troubled for a while or get rid of the husband at an expense. People like her should realize that they can't play with someone else's life.

Sid, since you are not cohabiting with her anymore, she must be in close contact with her paramour. If you are watchful enough, you can gather proof of her intimacy with him and produce it in court at an appropriate time. It may not ultimately help you much but it will sure help in embarassing her in the court as well in society, as marrying second time is acceptable but having an affair while married is not.

Don't listen to malafide suggestions of prolonging the case. Get rid of this "wife" and find a woman who will fulfill your social, emotional and physical needs ASAP. I note, however, that your past behaviour of contesting the divorce petition made by your wife shows that you do not wish to move on in life.

www.mehnat.in

I don`t know if you did anything cruel to her before but what you are doing to her now is absolutely cruel.She doesn`t want to live with you.Period.You are behaving like a vindictive woman.