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Self service (None)     22 February 2011

Wife acceptance on incidences and demand

Husband filed divorce under 13 a wife responded accepting all incidences with some manipulation.

And requested court to grant divorce with some amount of money.

What is importance of response filed in court? Is this sufficent or helpful to prove further cruelty?



Learning

 4 Replies

Arup (UNEMPLOYED)     22 February 2011

cruelty to be proved.

Jamai Of Law (propra)     22 February 2011

Wife responded accepting all incidences with some manipulation.

 

It simply means nothing unless whole picture is made clear.................She may be telling her version!!!!

 

It only means.........She didn't directly or indirectly admit 'facts in issue'.

 

She may unilaterally concede to claims in the petition but 'whether defended or not' Court also has to ensure there are grounds to pass the decree, otherwise it is collusion!! (It looks as if it is a new harrasement technique by women!)

 

But at least it suggests that 'marriage bond is emotionally snapped' by both parties....

 

Otherwise......in the contested case of yours......................................'issues of fact' and balance of convenience etc are not decided merely by two versions of the incidences. You need to prove your version of incidences.

 

Better go for the mutual consent in such a case, I wonder what did happen in the counselling stage then!!!

 

Self service (None)     23 February 2011

Well issue is like husband says wife not ready for child and wife accepted it saying she dont want becuase some reason say husband salary is not good or other stupid reason. - now what ever version facts is that wife is not ready for child in marriage. other issues are very well supported by documentry evidences.

Jamai Of Law (propra)     23 February 2011

Progeny is a consentual decision...and a gray area...One person unilaterally can't decide when and how many?

 

 

Has she undergone tebectomy without a single kid (out of her womb or with a surrogate)?...if Yes then she deprived you of expectations from marriage...otherwise all other excuses are OK. 

 

 

If she is an actress (assumption) and says that "I will donate an egg ...please find a surrogate womb...you will get a baby of 'our' genes!....but don' texpect me to wear-out my beauty and body owing to pregnancy"

 

Its not a cruelty!!!...It should be ok......because science and laws have developed....You won't get any extra satisfaction as long as you get baby out of genes of you both............... using the rented womb of a surrogate...husband can't compel wife to go through nine months of labour pain and loosening of body afterwards...Its females discretion if she obliges to bear your child and allows it to wear permanenty her body!!!

 

 

But if she has conceded to give divorce...why are you getting into 'fault theory'?

 

Mutual Consent Divorce is the best and safest alternative FOR MALES perspective...it closes all doors or all future claims from female genders.

 

Otherwise 'whether divorce or not...crpc 125, change of cirsumstances...etc clauses'....is a perpetual dangling sword of litigation and claims from ex-wife unless she remarries!!!.............then only you can have a sigh of relief....

or else maint app are perpetual!! To get rid of these likely future litigations...you will have to find a groom for your ex-wife otherwise!!!

 

Consent decree vide family court act /compromise decree sec 89 of CPC...........it debars from appeal permanently and consent terms can be made so that it plugs all likelihood of future litigation over maint etc etc etc.

Negotiate hard, toughly and with skill !!

 

 

 


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