Honorable judge dismissed wife's divorce petition

You are that Tanmay from AIB?

Anyway either the show or your query does not make any sense.

Your wife applied for divorce and you fought tooth and nail to get it dismissed.  You succeded in getting the divorce petition dismissed.

Now you are thinking of filing for divorce?

Are you alright?  You seem mentally imbalanced.  If divorce is you wanted, you should have agreed for divorce and applied for custody of kids and fought it tooth and nail and got custody of kids.

Instead you fight divorce case, get it dismissed.  Now want to apply for divorce.  Above radhika suggestd applying for custody now.

You already wasted so many years.  Now you willing to waste some more years.

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I suggest you dont file for petition for custody of kids.  Kids will suffer at your hands because you are incapable ot taking logical decisions and that will hinder mental development of the kids.

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You should seriously seek medical attention regarding your head problem.

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If you file for divorce, you will lose custody case.  If you simply file custody case, you will lose custody case as your marriage is intact, due to court dismissing your wifes divorce petition.

You will neither get custody of kids now.  Nor will you get divorced nor will you live together as your wife is not willing to live with you, nor will she allow kids to be with you.  You can file visitation rights case, but you wont be allowed by your wife to meet your kids.

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Am certain you have some mental problem.  Thats why your wife is not willing to live with you.

It is sad that due to you and your wife your kids have to suffer in some way or other.

You are that Tanmay from AIB?

Anyway either the show or your query does not make any sense.

Your wife applied for divorce and you fought tooth and nail to get it dismissed.  You succeded in getting the divorce petition dismissed.

Now you are thinking of filing for divorce?

Are you alright?  You seem mentally imbalanced.  If divorce is you wanted, you should have agreed for divorce and applied for custody of kids and fought it tooth and nail and got custody of kids.

Instead you fight divorce case, get it dismissed.  Now want to apply for divorce.  Above radhika suggestd applying for custody now.

You already wasted so many years.  Now you willing to waste some more years.

________________________________________________________________

I suggest you dont file for petition for custody of kids.  Kids will suffer at your hands because you are incapable ot taking logical decisions and that will hinder mental development of the kids.

________________________________________________________________

You should seriously seek medical attention regarding your head problem.

_______________________________________________________________________

If you file for divorce, you will lose custody case.  If you simply file custody case, you will lose custody case as your marriage is intact, due to court dismissing your wifes divorce petition.

You will neither get custody of kids now.  Nor will you get divorced nor will you live together as your wife is not willing to live with you, nor will she allow kids to be with you.  You can file visitation rights case, but you wont be allowed by your wife to meet your kids.

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Am certain you have some mental problem.  Thats why your wife is not willing to live with you.

It is sad that due to you and your wife your kids have to suffer in some way or other.

    Thank you for your reply. There are millions of people with similar name. For finance professionals 'B' stands for Banking. Anyways I have received contradictory replies from lawyers I have interviewed in person that is why I am asking question about the strategy. If you stay away from your kids for years then it is obvious that your mental health will get impacted. I am not here to gain sympathy but looking for suggestions and order of applications. Since wife had filed divorce petition with false allegations, I have to defend  myself first and the case got dismissed. If I say yes I also want divorce then as per Indian law, husband is culprit and he should pay penalty or go to jail. How can one ask for divorce based on wife's petition? Since law favors women, moment husband says he cannot live with his wife who filed divorce, law will go against husband only. Has anyone fought a parallel case?   

    As far as defamation is concerned, it is on the basis of allegations that parents and siblings asking for dowry and domestic violence which was not the case. The child access court had granted as per highcourt guidelines but now that petition has been dismissed, what are my options ? Do I have to apply again for child access even though there is no divorce case pending? I know very well that I won't get child custody as Indian law will favor woman but I may get child access.

    I have to live my life too. If she is not willing to join again even after I invited her multple times then how do I get out of this marriage? I don't want divorce but in deadlock situation one has to plan future. She don't want mutual consent divorce so I think multiple cases will bring her on table.    

    I hope I have explained the situation I am in and I will get reply in the order I should take action so that I can live better life with or without her without impacting my child access. 

Originally posted by : AIB
	Thank you for your reply. There are millions of people with similar name. For finance professionals 'B' stands for Banking. Anyways I have received contradictory replies from lawyers I have interviewed in person that is why I am asking question about the strategy. If you stay away from your kids for years then it is obvious that your mental health will get impacted. I am not here to gain sympathy but looking for suggestions and order of applications. Since wife had filed divorce petition with false allegations, I have to defend  myself first and the case got dismissed. If I say yes I also want divorce then as per Indian law, husband is culprit and he should pay penalty or go to jail. How can one ask for divorce based on wife's petition? Since law favors women, moment husband says he cannot live with his wife who filed divorce, law will go against husband only. Has anyone fought a parallel case?        As far as defamation is concerned, it is on the basis of allegations that parents and siblings asking for dowry and domestic violence which was not the case. The child access court had granted as per highcourt guidelines but now that petition has been dismissed, what are my options ? Do I have to apply again for child access even though there is no divorce case pending? I know very well that I won't get child custody as Indian law will favor woman but I may get child access.     I have to live my life too. If she is not willing to join again even after I invited her multple times then how do I get out of this marriage? I don't want divorce but in deadlock situation one has to plan future. She don't want mutual consent divorce so I think multiple cases will bring her on table.         I hope I have explained the situation I am in and I will get reply in the order I should take action so that I can live better life with or without her without impacting my child access.

Anyway nothing will change now.
Your situation is worse than what it was.
Neither you got divorce.  Nor did your relationship with wife got any better.  In meantime kids grew up.
Now as they are over 5, they got chance to stay with whoever they want, turn by turn.  That they only should decide, but that depends on how good is their relation with you.
With a mother like that, their relation with you will be no good.
You filing for divorce is no use. That will run for another 20 years.  Meantime your wife and kids will pester you in court for alimony.
They are your children.  She is your wife.  Things are not going to get better.
You have lost the battle, she too did not win the battle.  It’s a never ending loss for all of you.
Somehow compromise, cajole your wife and try to lead some sort of family life, visting them once in a while.
Or simply find some partner or adopt some child and start looking after it.  You can also go for surrogate baby, but there too you will have to pay more money than usual as you are married and already have kids.  Surrogate clinic also will loot you.
No way I will suggest you to go for divorce or custody case.  You go for visitation rights.  Even if you file custody case and win it, children can go back to their mother even if court does not want them to go to their mother.  All this circus ends at age of 18 for them.  Another 13 years this circus will go on.
Your marital status circus will go on forever.
You will neither be happy as a married man, if you somehow get divorce, what future you have in searching new girl ? who will marry man who has 2 kids?  All that is another headache.

Whatever your wifes contention was in her divorce petition, if she asked for divorce, and you agreed to it, you could have had atleast divorce easily.  Once divorced both of you loose.  It does not matter on what grounds you got divorced.  Next issue would have been whether you will fit again in new marriage.

But as far as I have seen, once a failure in marriage, always a failure in marriage.  Rotten one’s always spoil some more.  They never fit in new marriage, if they had to adjust with each other, they would have done it first time only.  Second time also they wont adjust, third time also they wont adjust.
Like this how many times will they marry? 10 20 times? Yes there have been such people also.  Having had multiple kids from various wives.  But what charm in that?  Think about what I have said.

Anyway nothing will change now.
Your situation is worse than what it was.
Neither you got divorce.  Nor did your relationship with wife got any better.  In meantime kids grew up.
Now as they are over 5, they got chance to stay with whoever they want, turn by turn.  That they only should decide, but that depends on how good is their relation with you.
With a mother like that, their relation with you will be no good.
You filing for divorce is no use. That will run for another 20 years.  Meantime your wife and kids will pester you in court for alimony.
They are your children.  She is your wife.  Things are not going to get better.
You have lost the battle, she too did not win the battle.  It’s a never ending loss for all of you.
Somehow compromise, cajole your wife and try to lead some sort of family life, visting them once in a while.
Or simply find some partner or adopt some child and start looking after it.  You can also go for surrogate baby, but there too you will have to pay more money than usual as you are married and already have kids.  Surrogate clinic also will loot you.
No way I will suggest you to go for divorce or custody case.  You go for visitation rights.  Even if you file custody case and win it, children can go back to their mother even if court does not want them to go to their mother.  All this circus ends at age of 18 for them.  Another 13 years this circus will go on.
Your marital status circus will go on forever.
You will neither be happy as a married man, if you somehow get divorce, what future you have in searching new girl ? who will marry man who has 2 kids?  All that is another headache.

Whatever your wifes contention was in her divorce petition, if she asked for divorce, and you agreed to it, you could have had atleast divorce easily.  Once divorced both of you loose.  It does not matter on what grounds you got divorced.  Next issue would have been whether you will fit again in new marriage.

But as far as I have seen, once a failure in marriage, always a failure in marriage.  Rotten one’s always spoil some more.  They never fit in new marriage, if they had to adjust with each other, they would have done it first time only.  Second time also they wont adjust, third time also they wont adjust.
Like this how many times will they marry? 10 20 times? Yes there have been such people also.  Having had multiple kids from various wives.  But what charm in that?  Think about what I have said.

    Thank you for your reply. I am sorry I disagree with your point that I should have said yes to all allegations and got divorce. There was no DV or 498 as police was alerted well in advance and police also informed them that if you file false FIR you will be jailed. If I confess in court just to get divorce that yes I demanded dowry, physically assaulted her, mentally tortured her then I will be seating in jail after divorce. 

    As far as finding another girl is concerned, it is never a problem if kids are not living with me. Please check matrimonial websites and see how many people are  divorced and ready to settle again. 

    I know that child custody is of no use as it will drag case and waste of time so filing a fresh divorce case after couple months based on wife deserted husband and cruelty for no allowing child to visit father are two grounds. I know that it will take time but that case is strong since court these days forces shared parenting and most of the people including me have already submitted shared parenting plan during divorce case.

    I am ready to pay alimony for child. As far as working wife is concerned, she is not eligible for alimony.  

AIB, did you make an attempt  for divorce by mutual consent without accepting her allegations.

Some trade off could have been attempted for a better future... if not before u can try it now.

Originally posted by : AIB
	Since wife had filed divorce petition with false allegations, I have to defend  myself first and the case got dismissed. If I say yes I also want divorce then as per Indian law, husband is culprit and he should pay penalty or go to jail. How can one ask for divorce based on wife's petition? Since law favors women, moment husband says he cannot live with his wife who filed divorce, law will go against husband only. Has anyone fought a parallel case?

What can i say except that you were misguided? You could have filed a counter Petition for Divorce, agreed to have the Divorce granted by consent, without any allegation, and have the other issues decided on merits.