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suvam   28 April 2018

Wife filed divorce after 2 years of dowry[498a] case

My wife filed divorce case yesterday after 2 years of dowry case . Both the case are filed @ 2 diffrent cities which is 1200 km from my working place bangalore .

I am not in favour of giving diviorce. I am sure of adultry but dont have any proof . 498a case only 1 date has come till now.

Can I contest divorce . Attending 2 cases in two different cities from bangalore is tough 4 me . Kid is with her . She has crossed the cruelity limit . Is there any way where she will be trapped in her own game .I am confused and clueless on how to manage and win cases. Her only motive is to destroy me @ any cost. Please help.



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 10 Replies

Vijay Raj Mahajan (Advocate)     28 April 2018

Let her have divorce ex-parte without contesting. Criminal compliant u/s 498a IPC will too get dismissed. And you'll be free man.

Kumar Doab (FIN)     28 April 2018

If your spouse has filed for divorce then it is upto you;

- to give consent and get liberated from wedlock..

-to remain Ex. Party and let court decide the matter..

-to contest and remain entangled in litigation

Adultery; Understand what is IT that is accepted as Adultery by courts! Get irrefutable evidence and establish..

Kumar Doab (FIN)     28 April 2018

Approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record ….. and worth his/her salt …and discuss in person….

There are many forums that support and guide spouses…..

There are PIP that wholeheartedly share and guide..

At LOCAL Family courts/civil courts/HC/SC one can inquire and prepare the list of such counsels…and chose..

One can go thru the decided cases (Family matters) by courts and get to know such counsels..

One can inquire locally and take help of family lawyer, well wishers, forums (employee’s forums)/unions/local DBA etc etc and get to know such counsels…

 This is the best one can do ………to find counsels and as well as private detectives that can help………

Relatives, colleagues, friends, communities, and even counsels can help to gather irrefutable evidence…

 

Kumar Doab (FIN)     28 April 2018

In such matters otherwise;

Apply your rapport, goodwill and take help of elders of the family/well wishers/shrude negotiators/ mediators etc on both sides and try to crease the differences and save the marriage without litigation( Best Recourse)…………….If court orders to rejoin that is also a recourse..

Or if all efforts fail prefer to end the troubled wedlock by MCD ( 2nd Best Recourse)

Or last recourse is contested divorce that involves prolonged litigation, stress and expenses… Keep unshakable witnesses and irrefutable evidences if your aim is separate without paying costs on valid grounds and merits.

Spend quality time with a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record ….. and worth his/her salt

 

If a spouse that has proceeded to approach court for divorce ……………and other spouse is willing to end the wedlock then both should firm up the T&C, remove contentious issues like withdrawal of ongoing cases, maintenance/alimony, custody of child, future obligations,  etc  and liberate from troubled wedlock and move ahead to build career and future…and enjoy the beautiful gift of life and pleasures of life..

 

Many spouses of your gender yearn that other spouse shouldm initiate divorce proceedings....

You may have your reasons.........If IT is just feeling of some counterblast or revenge  or ego then give IT  a considered second thought..

Or IT could be a considered startegy of other spouse and counsels of other spouse..

 

 

suvam   29 April 2018

thanks fo all for the time and detailed discussion . All the false allegation by wife cannot be proven wrong  . In order to get relief I have to bent down upon the knifes propaganda . Our judiciary is failed to punish the unscruplous wife . let me think .

suvam   30 April 2018

Thanks for the reply . You have given some perspective but her entire FIR and divorce petition are false and fabricated . #498a I cannot avoid as NBW will be issued on me . Give me some legal guidelines not abusing me . I wan to fight and fight back hard on her.


(Guest)
Originally posted by : suvam
Thanks for the reply . You have given some perspective but her entire FIR and divorce petition are false and fabricated . #498a I cannot avoid as NBW will be issued on me . Give me some legal guidelines not abusing me . I wan to fight and fight back hard on her.

Suvam,

I think Advocate Kamaxi given best reply in your favor. Courts may seem temple of justice for ordinary men n woman. But it is not like that. Courts are complicated places where people like your wife reside and rule.  It is wiser to simply take divorce by way of mutual consent than to fight a case entire life and lose your life. You might win case after 20 years. But you would have lost 20 years of your young life.  You or your wife wont get justice in court.  That much I can assure you. YOu both will lose your life in courts if you fight to no end. 40% you will finish your lives, rest 60% the judges and lawyers will finish.  Being advocate myself I say this, why you know? My own brother lost 15 years of his life in proving who is right who is wrong. And courts move snail pace. One paper filed will take your case 1 year forward. Just giiving an example.

As for now as NBW issued. Better change phone, sim, stop all social network, dont be found in same address which court or wife knows.  Apply for aniticapatory bail in high court. Side by side move applicatoin in ffamily court seeking conciliation, in cociliation ask your side to negotiate price for freedom.  Pay it and take mutual divorce. She will take the cases back and you should be free in 1 year maxx. Dont get caught. If you get caught chances are you wont get bail for 1 year.  Magisrate wont accept your bail application at all. So dont get caught, go underground, wehen you secure anticipatory bail then go surrender in police station with AB. Then you can hire another lawyer to appear in dowry case.  But your main goal should be to take mutal divorce. Dont waste your life.

suvam   01 May 2018

I have got regular bail in my #498a case. Charge framing stage is pending . Wife has filed divorce so that I have to come 2 times to her native place from bangalore which is 1200 km. My 1st date for divorce is coming on 18th May . What shhould be my move . Not sure how to tackle both #498a and divorce case. I am willing to give divorce but it all ldepends on how much she is demanding . I have become a pawn in her hand. Just want to show my nerver to her or else whe will destroy me financilay , socially ,mentally . god can save me from this draconian law #498a.

suvam   01 May 2018

Are you sure there in NO way a fradulent wife can be stopped by indian judiciary .This is the biggest mockery of the system. How come judicary doesnot have any means to punish unscruplous wife .As a advocate please suggest a way to win and fight.

suvam   02 May 2018

dude I am not hiding .I am fighting back in a spirit . By seeing your reply I am sure You are hiding youe own GENDER . You are a male author . thats fine . Nobody is hiding .the game is open for me and my wife . your 2 cents are always welcome .


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