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bhush (graphic designer)     10 November 2014

Please suggest.

Respected Experts,

 I need guidance on my cases going on court. My wife had put following cases to harass me:

1) We got married on 2008 after marriage, due to difference and incompatibility in temperaments habits tastes and thoughts increasing between us and we have decided to get the marriage dissolve and accordingly, We have filed Joint Petition U/s 13B of HM Act 1955 for the Dissolution of marriage for decree of divorce  by Mutual Consent. but She has withdrawal after 6 month cooling period. she is not residing with me since 2009.

2) Then she has filed Domestic Violence & 498a (case is going on, Charge sheet is filed, I'm preparing discharge application to submit)

4) Domestic Violence Final order I'm paying her 5000 per month from last 3 years

5) After She has again filed Crpc 125 in another town. I have contested at time of order she has withdrawal after 1 year.

6) Then she went to the 500 km away from Mumbai,Maharashtra border, and filed Under Hindu Adoption & Maintenance act 1956 acts U/s 18 on ground we have stay together in that village. but in reality I'm not.

7)  Another village close by she has filed U/s 125 Crpc & U/s 323,504,506(2) r/w 34 of IPC 

8) After one year of contest she has agreed to settle down cases and again we have filed Joint Petition U/s 13B of HM Act 1955 for the Dissolution of marriage for  decree of divorce  by Mutual Consent. But now after 6 month cooling period she has withdrawal that too.

What should I do to stop this people filing more falls cases against me.Should I filed divorce & Quash 498a in High court?  Do i need more ground for filed divorce case.

Please suggest the strategy.



Learning

 6 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     10 November 2014

Dear, These grounds are sufficient, she is playing with your life neither staying with you nor leaving you.file on cruelty and desertion. Adv kapil chandna, 9899011450

Jayashree Hariharan (Advocate)     10 November 2014

you can get the certified copies of all these cases filed by her and approach the hon'ble high court for quashing of all proceedings, and as advised by my colleague file a case on the basis of cruelty and harassment. 

T. Kalaiselvan, Advocate (Advocate)     14 November 2014

You can file a divorce case on the grounds of desertion and cruelty. You can also approach high court with a petition to quash all her false cases by attaching copies of her cases and subsequent developments on all the cases.  Take the help of your lawyer for further advises and actions thereto.

bhush (graphic designer)     01 December 2014

Respected Experts,

 thanks for the reply. As I was expecting the next summon from the wife. I have got new summon. She has file cases in Mumbai Bandra court. Petition for a Decree of Divorce on the ground of cruelty and Desertion u/s13(1)(ia) u/s 13(1) (ib) of Hindu Marriage act, 1955 and for permanent injunction against the respondent u/s7(1) (b) of the family court act and under order 39 rule 1& 2 the civil procedure code, 1908 and for permanent alimony and for house accommodation.

now is there's any remedy in High Court I can compile all cases and file application. Is Writ petition will work for the same. 

Thanks you

- Bhush

NATARAJAN IYER (Proprietor)     01 December 2014

 

all that you need to do here is to fire one single arrow with two heads----

MENTAL INSTABILITY and ABUSE OF THE PROCESS OF LAW....

list down the actions of your wife as brief points, with time-line ( year, month, date --- did this ----again year, month, date--- changed mind and did that-----again year, month, date ---changed again and did something else ) ------------------------

tell your advocate to seek appropriate LEGAL REMEDY in such a case of HARASSMENT by a wife with MENTAL INSTABILITY ----------

 

As far as the courts are concerned, such a woman is USING THE LAW AS THE MEANS FOR HER ENDS AND HER INTENTIONS ARE MALAFIDE ------SHE IS ABUSING THE PROCESS OF LAW ----

This is a serious offence.....tell your advocate ' ABUSING THE PROCESS OF LAW " and he will know how and which court to move ------

bhush (graphic designer)     03 December 2014

Dear Iyer Sir,

Thank you for quick response. I just check with one of our ref. advocate, he said we cant go to high court without any order to appeal. I'm little confuse here how to move forward.

-bhush


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