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My X-wife filed divorce under section 13 (1) (ia) (ib) 
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Joined: Fri Jun 18, 2010 1:58 am
Posts: 118
Dear All,
My X-wife filed divorce under section 13 (1) ia ib in the year 2009 , March more than one year passed, (pls note aready in 498a,406 running for nearly 5+ years , , )

I don't want to give divorce to her until all cases closed ...

1) Pleas provide judgement relating to Cruelty and Desertion - urgent
2) It seems magistrate who is dealing with this case is partial and biased
3) If one of the spouse not willing to give divorce , what is the case
4) Is that civil cases close immediately ?
5) My advocate is putting counter statements in the court
6) Can I appeal to the Higher Courts ??
7) what is the procedure for appealing in higher courts .. like time period and all those technical grounds etcc.,
8) For cruelty she citing the reason as demand for dowry (No evidence or proof submitted by her)

For desrtion she claims she is livng seperately from me from 2006 ..

On mere statements and allegation can a judge pass a decree on favour of her ?

What can I do with the above ? Please provide relevant judgements explaining the same ..


Thanks in advance and this is pretty urgent ...


Sun Aug 08, 2010 8:12 am
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
What do you want to do?

Judgements at this stage are not necessary. Put a strong Written Statement.


Mon Aug 09, 2010 6:15 am
Profile YIM

Joined: Tue Nov 03, 2009 3:29 am
Posts: 151
At this stage.. you need to file a counter denying the allegations levied by her and stating the true facts in your counter.

There are no requirements to quote judgements at this stage.. but incase you need this to enhance the knowledge please check this site you will find many.

http://www.indiankanoon.org

Thanks & Regards,


Mon Aug 09, 2010 3:18 pm
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Joined: Fri Jun 18, 2010 1:58 am
Posts: 118
My thoghts are if I give divorce at this time .. I have to hang around with 498a / 406 cases .. and she and her witness relatives won't come to court and delay , ..

So , trying all the ways to deny at this stage

Please correct if there is any strategy flaws ..


Mon Aug 09, 2010 4:43 pm
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
Never ever give divorce on her grounds. Fight it out


Tue Aug 10, 2010 5:14 am
Profile YIM

Joined: Fri Jun 18, 2010 1:58 am
Posts: 118
Thanks every one for replying ..

Today I saw the B*** in the court premises , After discussing with the lawyer she left , her lawyer told to Judge she is suffering from fever .. and claimed Adjournment .. But she is well and

Could not understand strategy :? ...

My question is Even if she got Divorce by some crooked ways, can I appeal to Higher Courts


Tue Aug 10, 2010 3:46 pm
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Joined: Fri Jun 18, 2010 1:58 am
Posts: 118
I got one more questions ..

I found in the Divorce petition some anamolies

1) she mentioned .. she is housewife on x date

FACT : she is working in one of the company , found through RTI on the X date ..

2) she mentioned ... she is staying in Y - Address

FACT : she is 250 KMS away from the Address she mentioned

3) She mentioned .. She gave 65 soverigns to me in one palce , in the same petition she mentioned she was sent out with 4 soverigns , and remainig 61 soverigns are with me ..

FACT : she taken away all the jewels with her .. Even this is the fact I don't know how to prove it ???

4) She mentioned in the petition that , I am demanding more dowry . and beating , not giving food etc.., etc..,

regarding 4) who's responsibility to prove the allegation in Divorce petition .. Is that proof for this lies with Me or with her ??

Considering the above points .. does it attract any IPC sections against here ..

??


Tue Aug 10, 2010 4:16 pm
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Joined: Fri May 21, 2010 5:35 pm
Posts: 214
dont worry as you have nothing to worry. in family court getting divorce by contesting is almost impossible, i mean it takes 5-8 years if you want it to go that long. just put a counter, denay all her alligations and put your alligations. then forget about it. go to one hearing and skip the next three, then go to another and skip the next three, 2 years willl go by. then trial, see what she has lied in her applivation and has she commited perjury. if yes (Most cases its yes) file for perjury under sec340 crpc and get stay on the divorce case pending disposal of the perjury case. it will take her 8 years minimum. her hair will go grey by then.

she will come for meintenence then. anticipate this. because if she is not getting divorce then she will look for short term money. so make sure she doesnt know where you work. if she knows then claim that her cruelty has casued mental torchure and you are unable to work. she will not get any money.

look i will give you another trick. i dont mean to hurt your feelings. just say to her that you will make her a devadasi and ask her to come and stay with you (make sure no one is around, and she is not recording it). say to her you will withdraw your counter and apply for RCR. its all a mind game, play the mind game. i beleive onceyou are in the battlefield and the other party has played nasty with you then you have all right to thrice as nasty.


Tue Aug 10, 2010 11:13 pm
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Joined: Tue Mar 30, 2010 10:55 am
Posts: 38
Hi,

This is in line with Bang's suggestions on playing mind game (3rd point) with opponents. It will work well & iritate the opponents like anything.

I did the same kinda thing during almost every hearings at family court (RCR) & 498a trial court. After the hearings, I used to shout at ex-498a wife, her father, her uncle & brother, to arrange for running a brothel at their home town with that 498a gal, instead of begging me at court for money. But during RCR couselling sessions, I used to praise her a lot & say only sweet things abt her to the counsellor.

That point has iritated them a lot & they filed the divorce petition, mentioning that they don't want any money or compensation to the 498a gal & her 2 yr old son.

Note: As Bang suggested, make sure no one is recording things.

Regards,
RKV


Thu Aug 12, 2010 9:50 am
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Joined: Wed Dec 01, 2010 7:34 pm
Posts: 7
if your 498a wife has filed for divorce then dont take the summon or let someone else recieve your summon near your residence ,file RCR and wait, let her get a expartee divorcee , these days short temepered women are desperate to get divorce as soon as possible and start a new life with a new man in metros atleast ,

She wont contest RCR if she wants divorce , divorce is their primary motto

498a is just a tool even judges know it , it will run on , they wont fight 498a with the same vigour if they get divorce

a wife cant be replaced by wine and other women and countercases , a wife can only replaced by a wife , after ex partee get married

you will forget the whole episode , but be aware dnt let them now about your re-marriage or about your job

let them claim maintainance if they have the will to claim , nothing will happen( rem you have RCR ) , let them prove you work it will take another 2 yrs

self life for women is less , her greedy parents are desperate to lay off this short temepred girl on someone else head ............ wait and watch .... dnt pre-plan



if they claim mainatainace after ex- partee divorce get a stay on her ex-partee divorce from a higher court

just because you have the weapons , dnt use them in anticipation , let them make the first move but keep your secound strike capabilities strong and guessing

mean while file RTI before ex-partee divorce decree , it will show your enemy you have secound strike ability and there will be collateral damage if they attack you back

i mean give your enemy a chance to escape (flight) (run away) , if you burn their ship completely they will be forced to fight for life.


Sun Jun 19, 2011 1:14 am
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