HI,
THIS IS A QUERY IN REGARDS TO A DIVORCE CASE IN LUCKNOW UNDER MOHAMMEDAN LAW
PETITIONER IS WIFE AND
RESPONDENT IS HUSBAND
THE RESPONDENT OF THE CASE HAS ATTENDED 2 DATES IN LUCKNOW BUT ON THE LAST DATE PETITIONER AND HER FAMILY GATHERED WITH SOME GUNDA'S AND TRIED TO CORNER THE RESPONDENT AND TAKE THE DIVORCE UNOFFICIALLY BY SIGNING ON 5RS STAMP PAPER HOW EVER RESPONDENT MANAGED TO ESCAPE AND WENT TO THE POLICE STATION TO LODGE A COMPLAINT AND HELP BUT AS THE PETITIONER'S FAMILY WAS FOLLOWING THE RESPONDENT THEY INSTEAD COMPLAINT THE POLICE INCHARGE AGAINST THE RESPONDENT AS PETITIONER IS WIFE AND THEY ARRESTED HIM.
FURTHER THEY WERE LATER BRIBED INSIDE AND ASKED TO PRESSURIZE THE RESPONDENT AND TAKE THE SIGNATURE ON RS 5 STAMP PAPER FOR MUTUAL DIVORCE THE POLICE OFFICIALS THREATENED THE RESPONDENT AND WANTED TO FRAME HIM IN OTHER CHARGES AS WELL SO THE RESPONDENT SIGNED IN PRESSURE JUST TO ESCAPE
The 5Rs stamp paper is not blank it is written with mutual consent agreement which they already kept it ready from some lawyer and it mentions that the husband has divorced his wife by mutual consent and they took the signature from him and some of their own relatives as witnesses. It also mentions that both of them wants to withdraw the case from the court which is false husband does not want to divorce her
RESPONDENT IN MUMBAI HAS ALSO FILED RCR AND HAS ALSO GIVEN A LETTER IN LUCKNOW COURT REGARDING THE INCIDENCE
NOW PLEASE SUGGEST AS FOLLOWS
1) IF THE PAPER HAS BEEN SIGNED AND KEPT WITH THE PETITIONER AND SHE PURPOSELY WILL NOT ATTEND THE FURTHER DATES SO THAT THGE CASE MAY DISMISS ITSELF AND SHE HAS THE MUTUAL DIVORCE PAPER TO CLAIM THE DIVORCE NOW CAN SHE DO THE SAME OR WHAT COURT WILL TAKE STEPS.
2)WHAT STEPS SHOULD BE TAKEN BY THE RESPONDENT TO NOT GET THE CASE DISMISSED AND SHOULD GO ON AS RESPONDENT DOES NOT WANT TO DIVORCE HER HE STILL WANTS TO STAY.
PLEASE SUGGEST ASAP BECAUSE NEXT DATE IS ON 20TH AUGUST 2010
