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KSD (NA)     06 August 2013

Wife wants divorce within 6 months of marriage and 498a....

I am a Businessman based out of Mumbai, Last December I got married to a lady based out of my home town in Allahabad. After the marriage, she never let me make s*xual relations, even on 1st night. I was there for 10 days and left her with my parent for a Month, as I am Only son of my parents, so thought they should also enjoy being Saas Sasur.

But within 2 days, My wife started fighting my parents and demanding her to sent her to her parents, my parents didt tell me about that, as they were afraid of I dont know what. On the other hand we used to talk on phone in the night for hours.

SHe was sent to her parent place, she was there for a moth and was not very keen to come to Mumbai with me or to my parents place. One day she said she want Devorce, as I am not what she was felt. I told her that I told you before engagement that I am like this.

Then I went to Allahabad, where we had a meeting at family mediator house, and she apologised an came back.

Once she reached in Mumbai, within 2 days, she started asking for Devorce, and reason- HUmaari Thinking nahi milti. I did my best to make her happy, but she every moment asked for devorce. We had s*xual relation, but only couple of times on a Moth on that she used to take pills without informing me, because she dont want to have child and wanna go for further studies, which she CLEARLY REJECTED before engagement and marriage too.

Later one day she left and went to relative house in Mumbai itself to celebrate her B'day, and didt come to me till few days later, when their parents came, and said ki tum galat....tumhaara kahi chakkar hai.... tum meri beti ko rakh nahi sakte.... tum apne parents ki sunte ho....... tum meri beti ko khushiyaa nahi de sakte....all unreasonable stuff.....

Now first they filed a charge of section 9 and then section 24 of Hindu Marriage act, with full of lies and asked reply till september 15 .. we never responded to them by contacting them. 

Today I got a Notice from Mediation Centre mentioning 498A and 504 of IPC and asked to report on in secong week of Aug.

I have hired a lawyer, and filled section 10 for legal separation, before their filing, I have proof of their lies, and proof of NO Dowry too, I mean whatever they gave according to their wish which I didt even bring with me to my city from Allahabad.... and also proof that she always asked for Devorce and their parents harassed me on phone saying I cant keep her daughter happy.

Am I going right? 

How to make sure that I win the case. I dont want to go for negotiation, as I have proof.

Please give me your valuable suggestions.....

Regards.



Learning

 6 Replies


(Guest)

I am a Businessman based out of Mumbai, Last December I got married to a lady based out of my home town in Allahabad. After the marriage, she never let me make s*xual relations, even on 1st night. I was there for 10 days and left her with my parent for a Month, as I am Only son of my parents, so thought they should also enjoy being Saas Sasur.

But within 2 days, My wife started fighting my parents and demanding her to sent her to her parents, my parents didt tell me about that, as they were afraid of I dont know what. On the other hand we used to talk on phone in the night for hours.

SHe was sent to her parent place, she was there for a moth and was not very keen to come to Mumbai with me or to my parents place. One day she said she want Devorce, as I am not what she was felt. I told her that I told you before engagement that I am like this.

Then I went to Allahabad, where we had a meeting at family mediator house, and she apologised an came back.

Once she reached in Mumbai, within 2 days, she started asking for Devorce, and reason- HUmaari Thinking nahi milti. I did my best to make her happy, but she every moment asked for devorce. We had s*xual relation, but only couple of times on a Moth on that she used to take pills without informing me, because she dont want to have child and wanna go for further studies, which she CLEARLY REJECTED before engagement and marriage too.

Later one day she left and went to relative house in Mumbai itself to celebrate her B'day, and didt come to me till few days later, when their parents came, and said ki tum galat....tumhaara kahi chakkar hai.... tum meri beti ko rakh nahi sakte.... tum apne parents ki sunte ho....... tum meri beti ko khushiyaa nahi de sakte....all unreasonable stuff.....

Now first they filed a charge of section 9 and then section 24 of Hindu Marriage act, with full of lies and asked reply till september 15 .. we never responded to them by contacting them. 

Today I got a Notice from Mediation Centre mentioning 498A and 504 of IPC and asked to report on in secong week of Aug.

I have hired a lawyer, and filled section 10 for legal separation, before their filing, I have proof of their lies, and proof of NO Dowry too, I mean whatever they gave according to their wish which I didt even bring with me to my city from Allahabad.... and also proof that she always asked for Devorce and their parents harassed me on phone saying I cant keep her daughter happy.

__________________________________________________________________________________

 

As per your text higlighted in red says that you have been fired by sec-9 first,then sec 24 and afterwards 498a and 504 of IPC.

But your counter was not good as you have filed sec-10 (judicial seperation).Here I don't know what basic Instinct had made you to file sec-10. A totaly useless idea behind that.....

 

See,The meaning of RCR is in simple word "THE OTHER PARTY IS SHOWING decieved  INTEREST OF CALLING YOU BACK.

And after her filing you have pour petrol on the RCR.......

Your sec 10 shows that you are willingly avoiding her and don't want to live with her.

But the ultimate question to you is what do you want A divorce or Reunion.


 As per you query it shows that you are interested to cohabit with her even after her ignorance.So your sec-10 has given a good point to your opposite lawyer to backfire in her RCR. Her lawyer will tell that it was you who had withdrawn the petitioner from the conjugal life and the society.Sorry boss a very negative step taken by you if you want her.

 

If you don't want her then sec-10 is as good as nothing,why bcz in RCR you have to reply her petition but instead of that you filed sc-10,a brave step my bro......

 

She would be shocked and even got happy that her aim of divorce is going to be fulfilled within 2 years.As she will win RCR in one year or less time,next another 1 year she will wait and after that she would become free bird.......


_________________________________________________________________


But, Her false cases of 498a & 504 will give you a thrash back at initial stage.So,don't be hopeless.Get AB as soon as possible.


Now,it's 2 ways.....going from here !


EITHER DIVORCE OR EITHER MUTUAL DIVORCE


It's your wish what you want to choose.


My suggestion choose first one as it is less demanding and allready a preplanned consipiracy been led by girl and her father.

Even your steps shows that you are very much interested in Divorce.


Regards,

A sufferer......






2BHelpfull (Other)     07 August 2013

""I have hired a lawyer, and filled section 10 for legal separation, before their filing""

 

before their fiing?? which case RCR , 498a ,24 .

 

when did u file case u/s 10. before she file RCR  case or after she filed RCR case.

 

order of filing the case is utmost imp. in ur case.

 

KSD (NA)     07 August 2013

HI Sufferer, thanks for your reply. I want to put this in points

1. She left home on her own- Proof is there

2. She asked for devorce since she started living with me- Proof is there

3. No dowry torture, she accepted- proof is there

4. No torture, Proof is there

5. Wanted to live happily and always asked her to have patience- proof is there

In Section 24  She says-

6. I left her- False, proof is there that she left me

7. Asked for dowry -  never, infact didt go for Dowry at all, whatever she gave I didt even carry them here still unpacked and of no use to me

8. Whatever I purchased, they say they gave me, eventhough I have proof that I purchased all to start my married life

9. Asked for more dowry and was not willing to bring her wid me- She apologised, and said will live happily and I convinced her and brought her here with me

I really didt want to break my marriage so I did whatever possible. But when she and her parent insulted me and my parent,s and when she is upto blame anything on me, and not ready to feel sorry for what she and her parents did, I have decided to Divorce her.

2yrs are very long time for them, their intentions are to extract money as much as they can, and send her to some metro city where she can have further studies- proof is there

Thats why, before they file sec 198A, I filed Sec 10 so that I could make a point that I want

Now if I have all in proof against whatever they are alleging, will it be not in my favor?

Also, how will I know that Sec 198 A they have file, because I got a 1 page Notice today from Mediation Centre that I need to be present for Negotiation Discussion. And in that it is referred to Sec 198A and 504 IPC (handwritten)

Regards.

Regards,

 

 

 

 

 

KSD (NA)     07 August 2013

@2behelpful-

 

1st- I filed Sec 10

2nd 5 days later she filed Sec 9 and 24

3rd- Today  I got a 1 page Notice today from Mediation Centre that I need to be present for Negotiation Discussion. And in that it is referred to Sec 198A and 504 IPC (handwritten)


(Guest)
Get in touch with save indian family foundation number available on website

2BHelpfull (Other)     07 August 2013

well she had file RCR in retailation to ur Sec 10 case.

 

u can show to the court with evidence that RCR is filed in reply to ur Judicial sepration u/s10.

 

u must first be present to  mediation center  otherwiseif u remain absent  mediation center will give report of the same n ur wife case will become strong.


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