The Story of Husband who dare to file divorce in India
Need help desperately. I have briefed below my case history.
i) I have filed Divorce case in Aug, 2012. Current status – Reconciliation has failed and hearing was about to start for Mat suit when my counterpart has filed HMA 24 & 26 on the date reconciliation failed in court. Also they applied for stay order in Mat suit till dissolution of HMA 24 & 26 . Stay order hearing done and Judge has given the judgement that HMA 24 & 26 need to be finish off first then MAT suit can proceed. HMA 24 & 26 first hearing next week.
ii) Wife has filed Cr.Pc in March 2013. No interim hearing till date. On each day we go judge is not available in most days. Next date in Nov , 2014
My wife has took all the Stridhan property in March, 2012 and we don’t have any contact with each other from March, 2012. My wife is a B.tech Engineer with Computer DOEACC degree but claims that she don’t work in office. Before marriage she was working in a private organisation and post marriage she used to do lots of tuitions.
iii) Wife has filed 498A in Sep , 2012 post receiving summons of MAT suit against all family members. None of us arrested. We got AB from High Court in Nov , 2012 and High Court allowed Rs2,000 as maintenance in Nov , 2012which I proposed for my child. High Court also mentioned that the amount can be considered for change by lower court. Permanent bail granted in lower court since there was no adverse report against me.
iv ) Charge sheet issued by police. All my family members father , mother, brother, boudi name got dropped in charge sheet only my name present. Charge not framed in court till date. We are planning to go to High court to expidite the case in Lower court.
v) DV filed by wife against all the above family members in May, 2014 after 2.5 years separation. We have moved to High Court to quash it. Hearing pending.
All the affidavits filed by wife are self contradictory in nature and full of lies which can be easily visible by comparing her writing in each of the cases. Also I have many evidences with me.
I went to UK in 2010 with my wife and son post marriage after 2.5 years. There my child faced a drowning incident in 2011 due to sheer negligence of my wife and he was under water for 30 mins which have turned him into vegetative state . 6 months treatment in UK no result. He is in permanent coma. I brought wife’s mother to UK post accident and beard all the expenses for months but no benefit. Severe torture on me.Brought them back to India on March , 2012 . Wife, her mother went to matrimonial home straightway from airport with my son. My parents and I tried many ways to bring them back to my home but they didn’t came back so I filed divorce case. She has completely deserted me.
In charge sheet there is no mention of torture post coming back from UK. Also the 2 year UK period no torture mentioned. So left is only 2 years before going to UK which is mentioned in the chargesheet.
Please advise overall what needs to be done for each of the cases.
Response given by community help army for men…
You can get quashed if the Dv is filed after one year of the separation, it is as per the DV act.
Brother , we are continuously advice, do not file divorce , do not file divorce , but if still the same does not follow or not be ready to face all this , what can be done?
This is a patience game and you had already taken the next step , so now just keep patience , the more you will hurry , you will have to pay more price.
Q: Multiple maintenance cases have been filed on me, What should I do?• She will get maintenance under one only, but you will have to fight all of them
• Keep proofs of her Educational Qualifications, Job, FD, Valuable items, Property, Bank account, PPF, PF, ITR, PAN, Mobile Bill or any Purchase bills Etc
• Concentrate on “Unclean Hand” and abuse the Process of LAW, contradictory statements.
• Focus on your liabilities and responsibilities
• File written arguments, Use Citations
• Get rid of your assets in a planned manner
• Do NOT leave the Job or try to hide salary in court.
• Increase your Income, not your salary
• Use CrPC 91, Evidence act 106 and CrPC 340.
• Make List of some Trust / School / Old age home / Child care / NGO / Company where she can work instead of sitting idle in home.
Q: How to prepare for trial in 498A/DV/CRPC125 cases?
• Cases WIN on ground contradictory statements, creating doubt against any allegations, abuse the process of LAW or for coming to court with unclean hands.
• Go through all FIR/ Complaint/ Charge sheet or any other cases documents , then note down the contradictory statements, hiding of Important Fact.
• On Facts of cases, prepare the questions for complainant and witness for Cross.
• Bring out the fact in court and also try to find reference Judgments of SC like your cases.
• Use of CrPC 340 should not be missed at any stage.
• 90% preparation should be from your side, as you know the fact better than your lawyers.
• Avoid any contradictory statements or allegations without evidence from your side.
• Highlight all the good things you have done for her, like purchase of any items / home / FD / education / photos of outings etc.
• Identify the motive of her filling such cases, MOST IMPORTANT.
