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498a Discussion Forum - View topic - Partial success? I would let you decide
It is currently Thu Jun 24, 2021 12:33 pm



Reply to topic  [ 9 posts ] 
Partial success? I would let you decide 
Author Message

Joined: Fri May 08, 2009 8:34 pm
Posts: 87
Dear fellow members, I owe you all an apology for not being able to update the status of my battle against 498 as I have gone through some rough patches in my life besides 498.

Anyway, the good news is, my whole family including myself, my parents and my sister and BILL are out of 498. HC has quashed all the cases against us and we are all free of all the charges now. Unfortunately though, it was not an outcome that I had planned and fought for. I did get what I wanted but not the way I wanted. This was NOT a clear win for me. It was a settlement. BUT I did manage to screw them up enough to teach them a lesson. Here is the seqence and details of the case.

*I filed for devorce in Canada and got devorced after she tried to contest
*I was ready to pay her between 5 and 10 lac BEFORE 498.
*Their initial demand after after 498, was 40+lac and I did not want to pay a dime.
*I stayed firm and took the matters to the HC.
*They never wanted to fight and only wanted settlement for obvious reason.
*Unfortunately it took extensively long (I suspect there was an understanding betwceen my lawyers and her) not to go for hearing stage.
* I had to kind of surrender against my wish and agree for a settle ment due to some family, health and other issues.
*BUT I stayed firm in settlement terms and did not agree for divorce before quashing 498 against us which they desperately wanted and knew that I would not co operate once 498 has been quashed.
* I only agreed to pay 4 lacs on tremendous pressure from all sides - Both lawyers, social and court mediation people everyone wanted to be heroes for doing a favour to the b***h.
* I only wanted to pay money after both quashing and divorce is done but finally agreed to pay half now(after quash) and half after divorce(if it would ever happen)
* Now, the situation is, I and my whole family is free of all the charges for a cost of 2 lacs and 498 gang is running from pillar to post to get divorced(I am already divorced in Canada and she needs divorce to get remarried being Indian citizen/resident) The funny thing is, her lawyer in trial Court doe not co operate anymore because he didn't get his cut.
* So, I am kind of frustrated for not being able to win this battle, I am still happy for myself and my family for being out of this mess and leave it upto individual members if they really think if this was a partial success or not.

On a side note, I would gladly, offer my help advise to any member or their family members who are in a situation that we have gone through and I wish no one ever has to go through.

My best wishes to all.


Thu Oct 18, 2012 3:38 pm
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Joined: Fri May 25, 2012 9:43 pm
Posts: 282
Congratulations!

Why do you call it partial mate? You guys are out of the main thing and they themselves are working to get you legally divorced in India which I assume you don't care much about since you seem to be happily settled in Canada.

Anyways, don't forget to celebrate with some orange squash to celebrate the quash. :-)

Vishal


Thu Oct 18, 2012 6:32 pm
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Joined: Fri May 08, 2009 8:34 pm
Posts: 87


Fri Oct 19, 2012 1:03 am
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Joined: Tue Apr 19, 2011 12:00 pm
Posts: 754
Its indeed a good news..Now you delay from your side for divorce for a year or so and ask 2 Lacs back then only give divorce :-) ..

You are divorced in canada so you can get remarried there anyways ;-)


Fri Oct 19, 2012 5:09 am
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Joined: Wed Mar 26, 2008 9:03 am
Posts: 3053
wannafight,
First;Thanks for being Firm in a situation like these and congratulation for coming out with a meager amount ;you could have paid a higher fee to lawyers if contested as is generally done.
Now when you are married under HMA;The divorce is also to be granted under HMA by Indian courts but if you were married in canada and also divorced there then the matter is over for you in that case ensure that she does not get a copy of the petition which Canadian government would not give her without your consent.
In case you were married in Indian under HMA and the divorce has been granted in canada which was contested by her then you need to get it ratified by Indian Courts;You may decide not to get it ratified if you never want to marry in India with any Indian women who is also a citizen of India.In any conditions beyond above you do not need any orders from any Indian court;I mean you can marry a Canadian citizen of Indian origin without any problem.
Have a great time to make up for the lost golden years in these cases.
Good luck


Fri Oct 19, 2012 5:26 am
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Joined: Fri May 08, 2009 8:34 pm
Posts: 87
Thanks a lot for your kind words and advi se poppinderji. I was married in India under HMA and got divorced in Canada. I am not panning to remarry in India and dont really need any court order from Indian Court as you mentioned. But would like to clearify one thing for myself. The settlement agreement says "both parties would file for divorce and co operate in divorce proceedings". The divorce petition has not been initialized by neither party after six months of caushing orders. Am I violating any settlement terms/conditions? Neither me nor my lawyer is officially contacted by other party to initiate the divorce petition.


Fri Oct 19, 2012 1:55 pm
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Joined: Wed Mar 26, 2008 9:03 am
Posts: 3053
Wannafight,
You are in the same boat as another party;She also never contacted you,Stay pu and wait for a communication from Girl side.


Sat Oct 20, 2012 5:23 am
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Joined: Mon Sep 13, 2010 2:30 pm
Posts: 4740
"both parties would file for divorce and co operate in divorce proceedings"
No time limit mentioned. So cool off & frustrate her to the maximum


Tue Oct 23, 2012 4:41 pm
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Joined: Thu Aug 16, 2012 9:22 am
Posts: 45
I would say ask 2L back to give divorce in India.

Thanks,
Rock on


Tue Oct 23, 2012 5:04 pm
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