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iniya (house wife)     23 August 2011

Taking divorce pls advice the better way out...

Mine is a 2 years of unsuccessful tormoiling marriage journey, with money minded MIL and a husband who is not interested in conjugal life. Finally one mid night i was thrown on streets with all drama for money and my husband intentionally called my parents that I had eloped/ran away and they dono if i am alive (i was actually on streets outside their house) then my parents rushed to pick me. We lodged a complaint in nearby police station and inlaws were called for compromise but they askd for 6 months time so the complaint and police was put on hold. But instead my inlaws started spreading all kind of rumors to spoil my name, also sent divorce notice saying I had given false complaint and that why police dint proceed. Even after this we tried compromise but they are rude and say they had decided to look out for a better prospect and they had decided I not equally compatible  (if so why did they marry). I had suffered so much cos of tis that i was actually admitted in clinic for spolingin my health due to depression, stress and not eating properly. At this juncture judge has recently given court directions to file my previous case under 498a 307 and execute arrest of accused.

Even though my husband has sent divorce notice and 3 counsellings over, he says he is not ready to give divorce till i withdraw 498 case (even counsellor has asked if he is using divorce as tool to escape 498a, if it is false why cant he fight) Now I dont want to compromise on 498a orders given by judge and I want the accused who killed me live to be punished (that I shiver every night and take sleeping pill even after 6 months of seperation from them)  at the same time I need divorce for which please  suggest which of the two ways is better

1. is it possible that in counter and also during hearing I just say to judge I also want divorce kindly grant. If this is the case will my husband demand to quash 498a. since its he who has gone for divorce can not I take divorce without any demands from him by just accepting the divorce..(even if he demands cant i just state if he wants divorce i too need divorce but 498a be decided based on merits, since main grounds he has claimed in divorce is saying I had filed false 498a, if so why should he fear, he can take divorce and prove 498a to be false in court right -- pls not strong evidences against him to prove 498a case is genuine thats why they are afraid)

2. or if above said is not possible then by Not attending divorce proceeding here after and just file a counter and allow exparte can i take divoce(can he easy withdraw his divorce petition is he sense tis)

friends kindly suggest...



Learning

 1 Replies


(Guest)

Dear Sister Iniya,

 

I am sorry to know about your story.I wish I could advise you.

But I do not have much knowledge about criminal laws.

So kindly wait for the right lawyer to come and answer your query.

 

For a quicker response, post this query in Expert section(Criminal law) & in Criminal Law forum also,because your issue pertains more to criminal law than family law.

 

Be relaxed and pray to God everyday.He will give you justice very soon.Believe me!

 


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