Dear All,
First of all. I would like to give my regards to all the members of LCI for creating such a helpful portal for everyone. I'm a new member and I was recommemded this website by my friend.
My sister is facing problems in her marriage for the past 7 years. She had been married in 2005, and was thrown out of her house in 2007, thereafter many meetings happened but to no result. Afterwards, we filed a case of DV, and thereafter went to CWC, when mediations happened she realised her husband wanted to live with her but was under the pressure of family, in-laws and relatives. So, she further filed the case of Section 9, thinking if she files section 9 and her husband wants to live with her he would take her from the Court and not contest section 9.
Now after filing of these cases since past 5 years, and enumerable mediations in the court and meetings outside, her husband is continuously saying that he does not wants to take her back at all.
On the other hand the criminal case is becoming strong and cognizance of 313 IPC is taken there. However, her husband has not yet filed for a divorce and the criminal is at the stage of framing of charges.
During the Section 9, trial the Judge was of an opinion that they should finally decide what they want of their life, before commemcing for the evidence, and so asked them to go through another mediation. My sisters Husband denied in the Open Court that he does not wants to keep her at all, always citing the criminal case, while the judge said every case can be taken back, if both of you compromise and live together.
I on her behalf want to know that what happens if the boy keeps on saying this in the open court and has this opinion, will the judge pass an order in her favor. Although I heard now a days judge dont pass an order for RCR when either of the parties are not willing.
So, does it makes sense that we should withdraw the case and make our criminal case much stronger so that he can feel the heat. Pls Guide?????????
P.S. He is a Divorcee and has deserted his first wife as well although we had no knowledge of the same and later it was too late to do anything about it and so relented to whatever were the conditions.
