This is referrance to my previous question .I came back India on 01.04.07, but I didn't inform her. She called my mom on 06.04.07 to know my whereabouts. At the first instance my mom denied to talk about on this thing. Then as per my opinion my mom called her and told that I was here. She started from Mumbai on 07.04.07 and reached to my home on 09.04.07 along with her father and uncle. That time even she was suffering from viral fever. She told me that she was on bed rest on 05.04.07. We didn't accept her, that's why she left the home. Then she again fell sick and was on bed rest for 3 days. But still she came to my advocate chamber and signed on all the papers of mutual divorce which states that she received her stridhan properties and 1 lac 25 thousand as her whole life maintenance. After she got well she started calling me and telling me for reconcile. Even over email she expressed her willingness for reconciliation.
2007-09-05 02:30:30 · 11 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
I never wanted to reply to any of your questions asked here for certain reasons. You have been accusing me being an agent or something like that for your wife that appeared to me by your last email but my intentions were very clear to settle your matrimonial dispute amicably mutually agreeable to both of you. Now see what all the other members of yahoo have given reply in your various questions, are those answers anyway different from what I have been telling you otherwise? You consider your advocate as very intelligent & think what ever he got settled has got a Stamp of the Supreme Court of India & it cannot be challenged or revoked any time. The misconception you have with regards to your advocate has been properly washed here by many replies given to you by other lawyers or legal luminaries who don't disclose being a part of the legal profession as I do, but I know they too are just like me. The fact you think by giving her Rs1.25 lacs you have become a lion of the jungle is your misconception, God knows how she or her advocate agreed to this petty sum of money, where as the rate prevalent in such cases & based on the status of the couple it should not be any thing between 7 to 12 lacs for full & final settlement for divorce by mutual consent. May be Mridula your wife is still having a feeling for reunion with you hence she did not insist on higher amount, but you have through out been so adamant either to take her back as your wife or settle down for divorce once for ever in a peaceful manner, you have been sending her emails that are most uncalled for from a husband to his wife, still she has not taken any legal action against you under any provisions of the criminal Acts. I have been instrumental in her not proceeding against you for any criminal complaint till now as I personally feel that spoils the relationships for ever, even if you divorce each other now at least any time in life if you meet again you can see eye to eye with each other, but if any criminal proceedings is initiated against any of you by any of you then it means total black out for rest of you life between both of you. You are too young a gentleman before me as I'm a 49 years old man much more experienced & having some legal knowledge because of my legal profession. Just meet her & say sorry & if she agrees take her back as your wife, this is my personal advice. I have personally spoken to her phone & she is not as bad as you project her, let the past be forgotten & new life start for both of you.
2007-09-05 20:43:02 · answer #1 · answered by vijay m Indian Lawyer 7 · 8⤊ 1⤋
Simply because she has signed the papers for mutual consent will not by itself be sufficient for divorce, because her consent must continue atleast for the next 6 months. If she tells the judge she is not willing for mutual divorce, the judge will simply dismiss your petition for mutual divorce.
You are lucky she has let you off for Rs. 1.25 lacs, if she contests the divorce she can squeeze you for 3-4 times that amount. Offer her some more money if she wants but tell her you want mutual divorce and not reconciliation.
So be nice to her but be firm if you ever talk to her. It is better you let someone else do the talking and inform her that you are firm for mutual divorce and dont want reconciliation so that she does not get any false hopes.
2007-09-05 14:33:48 · answer #2 · answered by Pramod R 4 · 0⤊ 0⤋
You need to get a good advocate immedietly. The police are probably calling you for counselling but dont be surprised if they make you sign an agreement which says you will pay your wife x amount etc. Go to the local criminal court and enquire in which courts juridiction the police station comes under. Then sit in the court and watch various advocates as they defend their clients, if you are impressed by the argements of any advocate approach him to represent you. Apply for anticipatory bail u/s 438 cr.pc so the police cant arrest you telling the court that you apprehend arrest as the police are calling you to P.S on complaint filed by your wife. But dont go alone to P.S as you are likely to be coerced by the police. Get legal help from an advocate immedietly or it will prove very costly for you in future. If you dont want to face the problem, and there is any chance for you to leave the country and go back to your job abroad then get out of the country as fast as possible.
2016-05-17 08:02:05 · answer #3 · answered by cinda 3 · 0⤊ 0⤋
You have been writing your marriage is solomised on 23 Nov 07, whether is it a typing mistake.
Your problem is not clear. What exactly do you want and why?
As per the behaviour of your wife as brought out by you she is being soft and not willing to be rude. There doesn't seem a reason for divorceand if you don't have a problem accept her.
2007-09-06 00:00:30 · answer #4 · answered by Open_Mind 3 · 0⤊ 0⤋
Since your wife is going for reconciliation rather than a permanent separation even though she has signed the mutual divorce papers, the law may ask you to try to patch up with your wife instead of going ahead with your divorce plans.
Courts don't want marriages to break. So initially a reconciliation is suggested.
2007-09-05 04:58:03 · answer #5 · answered by Modest 6 · 0⤊ 1⤋
Unless until your wife agrees for mutual divorce, the signed papers won't give any helping hand to you. The signed papers can be used only in any proceedings inclusive of divorce proceedings for the purpose of corroboration only. Still if you want divorce from your wife, you have to adopt any one of the following methods:
a) convince her on non compatibility
b) approach Lok Adalat for amicable settlement
c) file divorce petition in Family Court on any available and permissible grounds---as a last chance, under your personal Laws.
The ultimate suggestion would be only one; convince her if grounds are real and reasonable. If you adopt any unfair methods, definitely you will be in unending legal tangles.
2007-09-05 02:52:27 · answer #6 · answered by Anonymous · 0⤊ 1⤋
Hi,
If you already paid the money and filed the papers in the court then pl. do not look back get separated and be care while talking to her you may be black mailed.
2007-09-06 22:52:17 · answer #7 · answered by Brij 3 · 0⤊ 0⤋
If you dont want to reconcile with her, then don't.. if she is harrassing you then tell her not to, if she doesn't listen then go and see your lawyer.. I think after a divorce it is too late for a reconcile
2007-09-05 02:40:46 · answer #8 · answered by Ruksana P 4 · 0⤊ 1⤋
first decide whether u want to live with her or not,its best to reconcile as law will favour her
2007-09-08 10:00:58 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Withdraw your case and start living with her. Forgive her. Bring back peace in your life.
2007-09-05 02:46:17 · answer #10 · answered by thuppakki 3 · 0⤊ 1⤋