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498a Discussion Forum - View topic - Divorce case is just started
It is currently Sun Feb 05, 2023 11:16 am



Reply to topic  [ 24 posts ] 
Divorce case is just started 
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Joined: Tue Mar 18, 2014 5:48 am
Posts: 74
Hi Friends,

I had filled divorce in MH and opposite party filled transfer petition in SC and after 2 years
now case got transferred in their city.

I think now I have to attend divorce hearings.
I will be attending my first divorce hearing, Please suggest what I need to prepare?
And what can be asked from me?

In same city, MY 498a is also going on where charge framing is still pending.
I am planning to attend both the cases now.

Please suggest me next steps...


Sun Jan 08, 2017 7:03 am
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Joined: Sun Sep 18, 2011 5:46 pm
Posts: 53
I think you should have waited till 498a was decided.if 498a is decided in your favour ie if your given 'not guilty' verdict you get advantage in your divorce case as not guilty would amt to 'cruelty' on the bitches part.


Thu Jan 12, 2017 10:40 am
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Joined: Tue Mar 18, 2014 5:48 am
Posts: 74
Thanks Sandeep,

First I filled Divorce...then they filled 498a..
Both case were kind of in delay..

Now its time..And changes to be framed in 498a once I appeare.
And divorce - It was pending in SC to get it transferred by bitch, case has been tansfered.

Now I have to attend divorce case else case will be dismissed.
Hence both the cases will be running parallel.

Kindly advice me how should I proceed in both the cases...Kindly share your knowledge.

What I need to prepare for Divorce hearing as I will be attending my first hearing...what happens there?
Please share, I want to finish this asap already I lost 5 years.

I need your valuable advise. Thanks...


Sun Jan 15, 2017 7:17 am
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Joined: Tue Mar 18, 2014 5:48 am
Posts: 74
Now its time..And changes to be framed in 498a once I appeare.
to
Now its time..And charges to be framed in 498a once I appear.


Sun Jan 15, 2017 7:19 am
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Joined: Mon Jan 09, 2017 5:16 pm
Posts: 109
Hi Abhi,

I do not have much experience, but from what I sense, outcome in court is like a coin toss. Quite unlike an objective examination where we have to get the answer right. There is nothing we can do to guarantee the desired outcome.

Discuss in detail with lawyer. Try to understand the court procedure.

I too am running against time. No not know how to speed up things.

You can consider reaching a settlement based on some money.

-Anand


Sun Jan 15, 2017 8:05 am
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Joined: Tue Mar 18, 2014 5:48 am
Posts: 74
Thanks anand108,

My both the cases 498 and divorce will be parallel....I will try to convince Judge that 498a is false and once 498a case is disposed, Cruelty will be proven so divorce case judgement should be linked to 498a.

I will also mentioned that there were other cases filed by these people just to harass us....such as
1. They filed 125 case then stoped attending its hearing and eventually 125 got dismissed.
2. they filled revision petition to cancel the bail for all accused of 498a but fortunately petitions got rejected.

same way this 498a is totally false case and we need some time to prove it (first i want to see what proofs they will submit in the cross)and which will be helpful to get divorce easily (no alimony).

As i mentioned in 498a charges to be frame and for divorce it is first hearing.
I want to understand what happens in divorce case in court....what i need to prepare to attend the hearing. i do not trust my lawyer completely and lawyer always misguide...case is in same city which is small place and native of bitch so i am not finding trustworthy lawyer.

Please share more information how divorce case proceeds? and what are important steps i should take?

Thanks...


Fri Jan 20, 2017 4:50 am
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Joined: Mon Jan 09, 2017 5:16 pm
Posts: 109
Hi Abhi,
My DV case is about to begin. I too am learning stuff.

You have already scored a major victory in 125. At least you are not being bled by maintenance.

If no cruelty actually happened, 498A case will eventually collapse. Just focus on fighting the case based on merits.

Divorce case, yes this will need some effort. Proving cruelty is a bit difficult, but keep going, and attend to other aspects of life too.

Rgds.


Fri Jan 20, 2017 8:34 am
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Joined: Tue Mar 18, 2014 5:48 am
Posts: 74
Thanks anand108


Tue Jan 24, 2017 4:21 am
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Joined: Tue Sep 06, 2011 11:17 am
Posts: 608
Abhi18jul,

U need not wait for their evidences. Get copy of complaint, FIR, CS, 161 statements and other materials filed by police. Read them line by line thoroughly. U only would be able to tell the truth or otherwise of the allegations. Note down ur version, collect evidences like mail chats, mail, photos, bills, credit card bills and bank statements relating to u, etc. to show that the allegations are not true. Do not reveal to any one including lawyers unless he us trustworthy.

Though u need not disprove the allegations and it is for the prosecution to prove them, ur version if favourable to u can be presented at SEC. 313 stage and in written arguments to show that the allegations were not true. If u don't collect the evidences at early stage u may not be able to get them later.

Do not go in the wrong way to collect ur evidences. U can use RTI Act to get information about the other party.


Tue Jan 24, 2017 3:55 pm
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Joined: Tue Mar 18, 2014 5:48 am
Posts: 74
Thanks ganeshrao....It make a lot of sense which you suggested.
I will follow this.

Kindly also suggest regarding divorce proceeding...
now 498a and divorce both will be parallel....

Should I try to delay in divorce case(is it possible? advisable?) and try to finish 498a first....

what i need to prepare for divorce hearings,
{1. I filled divorce in pune and they filled transfer petition in SC and case got transferred in MP
2. In Pune she did not come to attend counselling, as per its report it is mentioned that i came but she didn't come for counselling, any benefit of this??}

do i get any benefit as 125 got dismissed because they did not attend the court?
And revision petition against bail got rejected, any benefit of this??

kindly guide me for divorce proceedings?
My lawyer said you filled divorce so you should attend now....but not suggesting properly what to do now?

Thanks...


Wed Jan 25, 2017 4:26 am
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Joined: Tue Sep 06, 2011 11:17 am
Posts: 608
Each case to be dealt on its merits based on the complaint or petition. There is no use in delaying divorce case for 498a. Both are different, the degree of proof required in 498a is stricter than in divorce as 498a is a criminal case and divorce is a civil case.

498a was filed by her, prosecution gas to prove the allegations. Divorce case u filed and hence u have to prove the grounds on which u are seeking divorce. Have u got the required material to prove ur grounds in divorce?

Though u are acquitted in 498a, it does not give any benefit unless u get judgment that it is a false case. And trial court does nit give such judgment. It only says that the charges are not proved.

Dismissal of crocs 125 or cancellation of bail petition does not help in any way. The grounds for their dismissal are different and have nothing to do with the pending cases.

Since u filed the divorce petition, u need to attend. Any one who filed any petition has to pursue it otherwise it may be dismissed for default as happened in the 125 petition of her. Iftheydonot attend the divorce case, u may get an ex parte decree without any benefits to opp. party, which also would be good.

The divorce case u can ask to be posted on Saturday and family court mostly obliges such requests.


Thu Jan 26, 2017 4:53 am
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Joined: Mon Jan 09, 2017 5:16 pm
Posts: 109
Hi Rao,
That was a fantastic explanation of "charges not proved" judgement versus "false charges" judgement.

I was not aware of this distinction. Thanks so much!

Rgds


Thu Jan 26, 2017 10:09 am
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Joined: Tue Mar 18, 2014 5:48 am
Posts: 74
Thanks ganeshrao for the valuable information...thanks a lot...

I filled divorce petition based on cruelty(I mentioned many points but difficult to have proofs). I have below materials.

1. Cancellation of advanced booking for hotels and traveling tickets which I booked for honeymoon before marriage, But she was not willing to go for honeymoon and i had to cancel bookings.

2. Call recordings where her mother and close relatives accepting her fault saying that
she is not trying to adjust with me.

3. We were living like strangers in same flat and no physical relationship.
Not sure if this can be prove?

4. She belongs to MP and I was in Pune, We had around 28 months before i filled divorce,
And point is she lived with me in pune only for 8 months i have date wise train tickets when she came to pune with me, She liked to be in her home town.

Do you think if this material will be helpful?
I am not sure how can I prove cruelty.

I approached them for settlement but FIL is not responding, She do not want to get married and just wasting my time...
She has her female friend in her home town (that was the reason why she liked to be there)and i have strong feeling she is gay (when she was with me daily she used to call her in night for 1-2 hours)...i do not have call recording or anything to prove this.

If I can not prove the cruelty, and she is not ready to give me divorce but it is very clear that we can not live together now and 3 years have been passed since i filled divorce and 3 years 7 months of separation.

In this case is there any possibility that court interfere and direct both of us for mutual divorce (with some amount of alimony based on my liabilities and her education) to save both the lives...judge can understand that both of us can start new life then what is the point of wasting someone's time.

Please suggest.


Fri Jan 27, 2017 4:25 am
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Joined: Mon Jan 09, 2017 5:16 pm
Posts: 109
Hi Abhi,
I am in similar situation, and here are some tips for now:

1. It is your life, you have to fight it out. Nobody is going to help you much, not your own lawyer, and maybe not your own family.

2. Keep pushing on your divorce case, do not give it up. Cruelty is the only option, I do not see any other ground for divorce. Show complete picture to Judge and keep convincing him. Focus on "irretrievable breakdown of marriage" and see if you can pull out related judgments.

3. Do not focus much on the gay aspect. Judge may see it as assault on character or defamation and rule against you in retaliation.

4. Try reaching out to wife's lawyer and discuss with him.

-Anand


Fri Jan 27, 2017 7:54 am
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Joined: Tue Mar 18, 2014 5:48 am
Posts: 74
Thanks Anand...


Fri Jan 27, 2017 5:35 pm
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Joined: Tue Mar 18, 2014 5:48 am
Posts: 74
Kindly advice on below queries.

1. I need my previous office attendance to put as a proof in 498a.
But that organization's HR told me that
"If this is an legal ask then we would request you to share the same in the documented
manner."

My lawyer said (Court will not help on this) he will prepare the letter with his
seal/signature.
I am going to try this, Is this ok?

2. In my divorce case, on next date opposite party will submit their reply (as i filed
divorce) and my lawyer suggested me that when i come to hearing i should say-
"we both can not live together and i want settlement"
Is that a correct advice?
What should i say in court? i just want to get divorce asap.

3. Currently divorce and 498a both are in the same city which is home town of my FIL.
And that is the reason he is dragging the case and wasting my time because he has no
trouble in attending court and she do not want second marriage (i doubt she is gay as she
did not allow me for physical rel)

In this scenario i want to get the cases to be transferred to different city(same state).
i come to attend court from MH to MP then why can not they come just another city,

My lawyer suggested me to file threatening complaint against them and based on that just
file a transfer case in HC.

Please advice if i file threatening complaint without any proof, Is there any harm for me?
can police ask me to show proof of this?
Should i file this complaint or not?
Is there any other solution which help to get my cases transferred?

4. For 498a, charges is going to be framed on next date, kindly advise should i file for
revision against charges or should i go for a trail?

As a proof i found call recordings of her father, Mother and brother in law , all there are
saying that she is not trying to adjust and she used to get angry, Even they admitted that
she is not willing to go to my place(so asking me to come to take her withot telling her) and they all agreed that she is doing mistakes and thay are saying me to adjust with her.

If i have these recordings , I think these are very useful in both the cases divorce and
498a, Agree?

4.1 i filed divorce based on cruelty and i can proof this using these recordings where her
father/mother/BIL agree with me and saying she is not good/violent.
Can i get divorce based on this?

4.2 can i make backup of these recording? any issue?
4.3 what is better solution trial or revision for 498a?

Thanks,
Abhishek


Sun Apr 09, 2017 10:16 am
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Joined: Mon Aug 26, 2013 12:30 pm
Posts: 317
Hi Abhi,

In India divorce cases run 4 to 5 yrs and will be granted divorce only if 498a is proven false.

There is waste of time in attending divorce.

Even if 498a is false until u remanded and arrested then only it is considered as cruelty.

498a also runs 2 to 3 yrs and mostly will be in your favour.

In general all matrimonial disputes ends in compromise with some "X" amount.

Else prepare for long battle minimum 5 to 7 yrs.


Mon Apr 10, 2017 8:04 am
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Joined: Mon Jan 09, 2017 5:16 pm
Posts: 109
Hi Abhi,
Regarding query 2, in court say that "I want a divorce because my wife has been cruel to me. I am open to MCD and settlement for minimum amount possible".

My general advise for your other queries is that you are trying too hard. It is futile. Our legal system is corrupt. If the judge senses that you want instant divorce, he will delay the case for as long as possible. If the judge senses that you want to delay the case, he will pass instant judgements against you. There is nothing much we can do.

Reduce your involvement and let your lawyer take over. Focus on other aspects of life like job and family.

-Anand


Mon Apr 10, 2017 9:18 am
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Joined: Mon Aug 26, 2013 12:30 pm
Posts: 317
No matter whatever you say or your lawyer say, cruelty cannot be proved in court of law until and unless you get acquittal from 498a case.

Court makes you to run for years and end it will be dismissed without acquittal from 498a.

If it is feasible for u settle outside with X amount do it or first get acquittal from 498a and then go for divvorce case.

Without 498a acquittal there is no use in divorce case.

Oral, written statements will not prove cruelty. Try for MCD.


Mon Apr 10, 2017 11:16 am
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Joined: Tue Mar 18, 2014 5:48 am
Posts: 74
Thanks 498a_raja_victim and anand108...

I have tried many times for settlement through the close relatives of FIL and his lawyer.

but they want to waste my time and they know at the end of the case i will have to pay them X amount(They are financialy strong) also she is not ready for second marriage as i mentioned she never wanted to get married.

I think my marriage with her just to save their reputation infrount of society.

I have their call recordings of her father,mother and BIL.
and they are accepting that she used to get angry and not trying to adjust and she do not want to go with me and it seems they are also frustrated becasue of her activities.

I think this must be a proof of cruelty in divorce and also useful in 498a.

1. Please share your view on this?

and let me know can i make backup of these recordings , as of now recording are stored in memory card but i want to keep 2-3 backup before i submit it to court.
2. if i make copy of these recording, Will recordings be valid?

please reply.


Thu Apr 13, 2017 4:31 am
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Joined: Mon Jan 09, 2017 5:16 pm
Posts: 109
The western legal system, which India adopted (unfortunately) is nothing but a **kangaroo court**.

The Judge has 100% control over the direction and outcome of any case. The litigants and the lawyers can only voice their opinions, but cannot influence the Judge in any way. The Judge has the right to pass whatever judgement he wishes to pass. Using a play of written language, any judgement can be made to sound just and fair.

Once you understand this thoroughly, you will get answers to all your questions automatically.


Thu Apr 13, 2017 6:47 am
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Joined: Mon Aug 26, 2013 12:30 pm
Posts: 317
Hi Abhi,

All recordings you have need to be proved as per Section 65B of IT act, otherwise they considered as tampered.

Your lawyer must be knowing the same.

But remember these things, proving in court takes ages and no way useful in divorce case.

Only 498a acquittal gives you better chances of getting divorce and also depends on case by case by judge.

In 498a cases only if you go to remand and allegations are false then divorce will be granted.

To get acquittal it takes 2 to 3 years and from there to contest divorce it takes another 3 to 4 years.

Also your wife always can go to appeal in high court and that takes another 2 to 3 years.

So prepare for long battle minimum 7 to 9 years from now.

In general, matrimonial disputes end in compromise with "X" amount only.

Else contested takes years to win the battle and you need to prepare for that.

No matter whatever hard work you do, courts take their own time.

Accept that destiny puts in bad part of life and fight the case on merits.

Only trying to say, prepare for long battle.


Thu Apr 13, 2017 8:54 am
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Joined: Tue Mar 18, 2014 5:48 am
Posts: 74
Thanks to both of you for replying.
498a_raja_victim and Anand108


Sat Apr 22, 2017 6:42 am
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Joined: Tue Mar 18, 2014 5:48 am
Posts: 74
Hi,
Need help for below.
1.
I need my office attendance from my previous employer but they are not providing saying this is confidential data.

My Employer says- "If this is a legal ask then we would request you to share the same in the documented manner."

I need this urgently...I am thinking for below options.
a. May requesting letter from my lawyer work?
b. Or will RTI work? Please let me know how i should file RTI to get attendance from the previous employer?

2. I want to transfer my cases(divorce, 498a, domestic violance) from hometown(in MP) of the bitch to another city within the state.

Only ground I have my parents are senior citizens and not well and under treatments.
I have to be available to take care of them, they are not able to survive without me not even for 1-2 days(it took me at least 3 days to go from Maharastra to attend court hearing)
What i can do if the case is transferred to cities like Gwalior/Jabalpur(just a few hours journey for bitch) so i can go by flight and come back the same day.
Will this work?
kindly let me know what other ground should i made to get the case transferred and what are the possibilities?
I need this at any cost.

Please bhai log reply kro apka experience share kro

Thanks a lot


Sat May 13, 2017 9:48 am
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