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ritusharma (Head Marketing )     16 September 2013

Urgent, pls advise

As he has not obeyed and not followed the agreement tht we both signed... pls tell me after the mediation failed, wht  consequences can occure  against him.

 and I want to give him a severe punishment as he has again dodged me and played with my feeling.

Background is :

husband filed RCR, also approached the high court ... and want s a chance to live with me, as he agreed during the mediation and we both signed the agreement to stay together for a 1 months, now he has refused to join me. pls tell me as he requested to stay with me , now refused...the mediation will fail... and i want to punish him as he has again played with my feeling ....

 he was suppose to join me on 2nd of sep, but he phoned me told me tht he will join me on 10th of sep, during these days he was in touch with me over the phone and in between he came to meet me but returned on the same say , he came to confirm tht he will come on 10th and will stay with me for ever.

on 9th he called me and said tht due to some urgent work he wil not be able to join me and made another excuse tht his company is sending him to abroad  for 25 days and he dos not want to miss the opportunity  and will soon let me know on which date he can join me. and tried to convince me to trust him.

As it was a great shock for me, as I was with a positive mind  I called my husband to know his final decision, and wht he told me after all this.. tht he will never leave me and still wants to stay with me and asked me to wait for some more days.

I called his lawyer, as during the mediation he was also present  and signed the agreement, and  now his lawyer informed tht  he has changed his decision and doesnt want to stay with me.

And his lawyer has given us too options... for a MCD or go for the mediation fail... wht should i do and i want him to punish now........



Learning

 2 Replies

Tajobsindia (Senior Partner )     16 September 2013

1.    If you opt for mediation fail you cannot punish him. Then his RCR will proceed in accordance with Law.

2.    If you opt for MCD then if you want you can set certain HIGH terms and conditions for consenting to divorce under mutual consent which in other words is sweet revenge under civil Laws for a reason the marriage seems to me is beyond repair now so no point in cherry picking only criminal law to set punishment as living and not living together is individual’s choice and one spouse cannot be bound to shackles of marriage bonds by FORCE and or by PUNISHMENT as same not allowed as per Law.

3.    Third option is to have patience till he comes back from his (whispered) overseas assignment as one cannot force or set a DEADLINE DATE to rejoin no matter two spouses speak – agree in past on certain date(s) to rejoin but by giving time and space clarity comes as to where marriage is leading – ending into.

4.  Also note these matters are between spouses to sort themselves out and neither Lawyers nor Law can force him to re-join you inspite of him filing a RCR and agreeing during mediation to rejoin and for the same Criminal law usage is not advised as no useful score weaker spouse can settle in the longer run other than getting riding on a roller coaster ride of adversial laws of the land. 

Sudhir Kumar, Advocate (Advocate)     16 September 2013

where is background of case.


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