Need clarity on how do i take my case forward?

Neither he attend mediation session, nor do you bother to due to your work, like this you cant go and ask for mediation whenever you are free, it is a court, not some chai ki dukaan wherein you go on your own will n wish.

Now done is done, you cant change that, mediation status would be as failed, but like you say if you dont want to give divorce to him, easily 7-8 years will be lost roaming to courts, he cannot marry someone else unless he gets divorce.

But if he is a adventurous person, he may as welll get married to someone else lokking at the lengthy procedures in courts.

But in no way you can force him to take you back or join you back.  Lawyers may suggest you file 498a, DV case etc to forcibly make him come back to you, but all those are family breaking cases, once you file such a case,  your husband will be gauranteed of getting divorce decree, sooner or later.

My advice would be, try to meet him personally, and talk it out.  Sir I dont know where he lives, I dont have his phone number are just reasons, but if you really want him back then better contact him in person, how you will do that is left to you.

As you are working woman, you wont be able to get any maintenance also.

First things first, talk to him in person, one on  one.  Remember, it takes 2 to tango, so try to find what went wrong where and then talk to your husband, if you have done something wrong, then you better leave ego and apologize, and so for him too.

GooD Luck.

Thank you for response. with regard to contacting him, I did all that I could do even going to his place however his parents didnt allow me to meet him nor he is contact with anyone known to common circle of friends to reach him on phone. I reached out this forum considering all that I could do and done in reaching out to him to talk through. Defnitely i dont want to apologize to him after all that he did to me since I know there is no fault of mine and beg him. I am seeking advice on legal on how can i take this and what next steps legally. I know his family intention is make me run for court hearings without him attending any of them so that I should get frustrated.  If any doesnt attend any of hearings, is it okay ? Does court charges him any penalty?

Again thank you for your time and suggestions.

Originally posted by : Sheetal
	Thank you for response. with regard to contacting him, I did all that I could do even going to his place however his parents didnt allow me to meet him nor he is contact with anyone known to common circle of friends to reach him on phone. I reached out this forum considering all that I could do and done in reaching out to him to talk through. Defnitely i dont want to apologize to him after all that he did to me since I know there is no fault of mine and beg him. I am seeking advice on legal on how can i take this and what next steps legally. I know his family intention is make me run for court hearings without him attending any of them so that I should get frustrated.  If any doesnt attend any of hearings, is it okay ? Does court charges him any penalty? Again thank you for your time and suggestions.

Dear Lady: You have filed RCR in reply to his notice which is filled with allegations.

Now mediation has not occurred, occurred but due to above said reasons like you could not go, or he could not come, mediation has failed, there perhaps will be one more chance given for mediation, but if this too ends like the previous one's then again end result will be mediation failed.

Now RCR evidence will happen, one yours, one his, then cross examination will happn.. one yours one his.... then a date for argument will be given and arguments will take place and then the final verdict will be given IE the orders will be passed WRT the RCR case which you have filed.  

RCR is a toothless tiger,  even if it is proven that it was the husband who is the main culprit, nothing can be done legally to him, more importantly court cannot direct him to join you.

Like I Have above explained RCR case process, if your husband does not attend any of the hearings of evidence, cross examination, arguments.  You will win the RCR case hands down, and no penalty can be levied by the court to him for not attending court dates.

The required legal steps which could have been taken, you have already taken except filing for maintenance u/s 125 crpc or 24 HMA or both of them asking for alimony, that could be taken as your next step legally.  If you want your husband at any cost, file an application u/s 23 of PWDVA 2005 in magistrate court and you can get residential orders wherever your husband is staying/residing.  You can also claim rent from your husband under this section.  [but let me remind you, these PWDVA cases usually backfire and will ensure that your married life is over, then and there].

Finally what I Would suggest is, you file maintenance application if you want, but there too no gaurantee that you will get alimony/maintenance from your husband as you are a able bodied working woman.  Suppose if your husband is earning more than you then he will have to compensate accordingly as per ratio.

Feel free to call.

Court will issue summons to your husband, if he is not there in that address then same will be pasted on his door.

Even if he does not appear to court, then TOM TOM will be ordered, like one man with a drum will keep beating it shouting your husbands name, nothing to laugh, but its a procedure to let him know that he has to attend court date.

But in turn your husband can file divorce petition in reply to the RCR.

Dear sheetal, 1. Do you really don't know why your husband without any reason all of a sudden left you ,as per to you , you know him before 10 years of your marriage later you had done love marriage isn't It . 2. now he had sent a notice of owing divorce from you on the ground of cruelty ,but you don't want to give him , you want to reconcile the matter but he is adamant and not cooperating , you had made all your afforts to contact him even approach his parents house but all in vain , he is also not attending the meditation regularly of The family court ,nor you are attending as you said you are too loaded of work like to travelling a lot as a part of your work , 3. join The proceeding of meditation It is also a part of getting justice if you will not attend then The report goes adverse in your favour and your husband get benifitted .4.do you want to put any criminal, DV , DP case against him ? 5 . if not ,still you want him and want him back with you then do one thing made a roar in front if his nearest relatives shows his divorce notice giving without fault , gathered them arrange a meeting with your near and dear and do full try to get a mid way and get her back, simultanesiouly contact to his boss give him all detail S of your dispute and request him to intervein The matter put pressure on him unless or un till he come S back ask one chance to save your married life .

Mr Helping Hand, not sure if what you saying about the tom tom is practical however if i wasnt clear in my initial query , my apologies on that divorce  is filed by my husband giving the address we resided together and in response to that I had filed RCR. However in RCR i had mentioned his parents address so i assume he would have recieved summons and also some of hearing his lawyer also didnt show up .

Mr Laxmi Kant, thank you for your inputs, yes u r absolutely right we known each other for decade and it is also true fact that he left without saying a word from the house and send me divorce notice from his parent hourse. Like said, i learnt from his cousin that his parents never wanted to accept our marriage and me hence they asked him to get back to them so that they can get him married in their relative circle. My bad , that his parents are well known and well off and none of his relatives are ready to come forward to talk through. he is self employed and taking care of his father business. My marriage is already broken however i am trying to understand the legal how i ensure that I get justice for the all that was done and i get what all i lost during this hard time.

Appreciate all your responses and inputs thank you very much.

First, I request you to edit your querry to the shortest possible and also put it in 'experts' where you get very good and pointed answers to your querry without unnecessary comments.  I will try to answer to some of your questions.  You are still in love with him and that is why refusing to see that he has deceived you by taking huge amount from you and later on deserted you at the instance of his mother.  If you know this truth, then things will be easy for you to contest legal cases with full vigour and come out of this trauma with less harm and hurt.  Now, point-wise advice:

1.  Do not leave your job at any cost and it will help you to contest the cases effectively.  It may be advised by some people that being a working woman, you will not be entitled to maintenance available to you under various Acts, even then do not leave the job and be prepared to forego maintenance instead of job and the secured life that comes out of economically empowered woman.

2.  Do not worry for mediation.  Find out the latest position that after second mediation date, whether the mediator has given any other date for mediation or sent back the case to the court for adjudication.  If it is still in mediation, then try to attend the mediation on the nexxt date.  If your work schedule is creating problem to attend the mediation, then give appropriate instructions to your advocate so that he will represent your case in the mediation and truthfully reflect your desire for cohabitation instead of divorce.  Either you or properly instructed your advocate must attend the mediation.  About mediation, if any one of the parties (either you or your husband) does not turn up that the adjudicating the court will not take it negatively against the absentee party.  THE COURT IS PROHIBITED TO TAKE INTO CONSIDERATION OF THE STATEMENTS, PLEADINGS AND DEFENCE, BEHAVIOUR AND ATTITUDE OF THE PARTIES BEFORE THE MEDIATOR AND THE SAME WILL NOT BE TRANSFERRED TO THE JUDGE WHILE ADJUDICATING THE CASES.  The exception to this is if any settlement will be reached between the parties, then mediator send the settlement deed to the court for necessary action from the court. So, do not worry what you say in the mediation or your non-appearance for a date or two before the mediator.  But, as I said earlier, you must send properly instructed counsel to the mediation in the event of your difficulty to appear.

3.   If husband files divorce case, you must contest it with full vigour.  As per the existing law on this day, a husband by just throwing some false allegations against his wife at the behest of his mother will not get away with divorce decree.  It is very difficult to get divorce and he has to prove the allegations, which are undoubtedly false.

4.  You can recover the loan which you had given to him if you have sufficient documents to prove that you had given it to him.  But it can be recovered by filing Domestic Violence Case or a criminal complaint under Section 406 IPC or civil suit.  But before filing those cases, you should think very carefully and with full cool-head, as you want to resume co-habitation with him. After seeing your husband's conduct in the mediation and whether he will be filing divorce case or not has to be taken into consideration before filing Domestic Violence case.  If things become adverse, at a future point of time, you may require to file domestic violence case.

5.  Pursue your RCR case for some more time and at the appropriate time in future, you require to withdraw it, otherwise it may harm you.  But the appropriate time to withdraw RCR case and the time to file Domestic Violence case has to be decided after minutely studying the future developments. 

Warm regards.

Based upon your almost impeccable English, I am inclined to believe that you are a clone of one "Lollipop" who attracted a lot of responses in this forum by filing a query that in my belief turned out to be a hoax. Hope that is not the case here. It digresses attention from genuine queries.

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Regarding your queries, assuming that it is genuine, you are jumping to conclusions. It will take time for a Court to grant an Ex Parte decree based upon absence of any party. It would be hard for anyone to imagine that you cannot find time to attend a RCR/divorce proceeding while claiming to want your husband back! In any event, Ex Parte decrees are usually easy to be reversed on appeal. As for  mediation, all that takes place is finger-pointing. He is not going to say that he did this to you "without any reason."  And perhaps there are reasons that you are not disclosing here. I think mediation is a formality that has to be completed. There is not much substance attached to it. 

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Will Court allow you to reconcile? I think thats a funny question. Why would the Court not allow that unless the Judge, depending on his/her gender falls in love with one of you and wants to marry or have an affair 

 

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"Will i get what ever i had lent him and alimony for all the harrassment /depression i had gone through bcoz of his act?" THIS IS PROBABLY THE CORE QUESTION THAT MOST WOMEN ARE INTERESTED IN. IT COMES LAST BUT IS THE FOREMOST ON THEIR MIND. MONEY!!! Well, if you have lent him monies, you need to have proof and what it was used for. 

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"Will my working have any negate impact on getting what I have righful right to claim for?" Why should your working (employment, I presume) have anything to do with this? It would be unlawful for your employer to discriminate against you or terminate you based upon your domestic issues. 

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In any event, try to work things out of court. Litigation and reconciliation do not go hand-in-hand. In fact, they are usually mutually exclusive in a domestic situation. GOOD LUCK!!!

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Mr Chandrashekar, thank you for your comments and it did help me in a way to clear the doubts that was pondering my mind for some time. As suggested by you, i will edit my query to shortest form and will have it reposted under the experts forum to seek more inputs to get  an insight on my case and how can I face the challenge that lies ahead. Much appreciate your time and kind words in answering my query

Mr Samir, I do appreciate your thoughts and being frank on asking if  I am not wasting anybody time on this forum and my case query is hoax. I wish this wouldn’t have be true to my life and pain/depression going through It wasn’t easy for women to talk through in public forum. However  before posting here, I did research on the other queries posted by others and how useful and important was the responses received by them through experts who take their time out to answer their queries. I did use the forum for the same and not to get any kind of attention or points to acclaim for the any benefit of it. With due respect, I do value your inputs and appreciate your time taken to answer to my query posted.

 With regards to your responses to my questions, yes it was hard for me to attend since I had travel out of city on my work purposes during the mediation sessions. Just to point that I had already mentioned that I have attended all of the court hearings and my husband has attended only 1 out of 5 hearings. 

I am sorry to say and but quite surprised on your funny comments made for the questions i asked on the reconcilation .Appreciate if you cant help with answer please don’t make fun of it . With all the hope and belief we reach out to this forum considering that  an advise will help and show some direction to move forward. However if its made fun, then there is no point sharing on this.

In nutshell and with all due respect again, I do appreciate your time and thank you for your inputs.

Sheetal, I was not trying to make fun of you. I just thought a well-read and educated person as you are, it should be logical to you that no Judge can stop a couple from getting back together. There was nothing more to my statement. Did not mean to offend you or make fun of your situation.

Originally posted by : Sheetal
	Mr Helping Hand, not sure if what you saying about the tom tom is practical It is very much practical, if your husband is not recieving court summons purposefully, then TOM TOM will be done like in the olden days of raja maharaja, suno suno suno... etc... however if i wasnt clear in my initial query , my apologies on that divorce  is filed by my husband giving the address we resided together and in response to that I had filed RCR. However in RCR i had mentioned his parents address so i assume he would have recieved summons and also some of hearing his lawyer also didnt show up .   Giving parents address only is wrong, you should have given same address as to where you both last lived ie the address mentioned in divorce petition filed by your husband and alternatively should have given as.. also residing in ..... parents house address.  That would have been proper. Appreciate all your responses and inputs thank you very much.

     Giving parents address only is wrong, you should have given same address as to where you both last lived ie the address mentioned in divorce petition filed by your husband and alternatively should have given as.. also residing in ..... parents house address. That would have been proper.

  Thank you Mr. Helping hand, i had both the address (ours and his parents) included however when RCR summons came first, it came to our address and I directed them to send it to alternate address given where my husband was residing i.e his parents house.