expert advise for the problem pls..?

Question

hindu married couple. due to differences , hus wants to divorce his wife and requests for seper via mutal consent, but wife disagrees as she still wants to continue her life with him and so files a petition for resti of constinutional rights in court.In the meantime, amid huge drama ,hus returns all her things to her & takes her sign in a paper as proof of return on things and for consent for mutual seperation. wife also signs , due to pressure at that time. nw wife is in her parents house for past 1.5 yrs. in response for the petition filed by the wife , hus has replied & has stated all false things abt her and has also mentioned abt the ltr signed by wife stating that she was willing to go out of marriage. what is the wife's position now. can she make the court accept that the sign in ltr was got out of force or will she fail. she is of the opinion that is hus is being forced by someone to take this ultimate deci. they dont hve issues.pls advise.

Answer 1

Let me one point very clear here, that even if a wife had agreed to live separately from her husband & gives it in writing, what can prevent her from changing her mind with regards to this separate living from her husband & her willingness to join him again ? This question will definitely be asked from your husband's Advocate by the Family Court Judge himself or herself. There can always be a change of mind for any such decision taken by any spouse to live separately from the other, leave aside the use of force or fraud of getting such thing in writing. This the reason that any petition for divorce by mutual consent filled by the couples jointly in the family court is not decided on the spot but at least six months time is given for this decision, after which the Family Court again ascertain if there is any change of mind of any of them for taking such divorce. If any of the party to such petition plead that he or she wants to withdraw his or her consent for such divorce, the family court dismisses that joint petition for divorce by mutual consent, but if both of them still insist for divorce the decree of divorce is granted. This shows that the primary function of the Family Court is to reunite the disgruntled couples & even the provision with regard to compromise is clearly provided in the matrimonial Acts. The Family court can any time stop the regular proceedings of the case & initiate the process of compromise between the couple. I have discussed this for you to say in the Family court yourself & not through your Advocate on next date of hearing & request the court for starting the process of compromise between both of you as you want to stay with him & don't want to live separately or divorce from him.

Answer 2

I do not know from which State in India you have questioned. be that so, if the husband files a written statement that the allegations in the restitution petition are all false and that the petitioner agreed for a mutual consent divorce, it is for him to establish the same. Let the wife first make a claim for maintenance and litigation costs under sec.24 of the Hindu marriage Act. Execution of a document is one thing and mere signing is another. The wife can always say that she merely signed a blank document and presumabably so, and the husband will be driven to prove that the contents were understood and she signed. May be there are no witnesses.In the absence of due attestation a document will be inchoate. If there was an agreement for divorce by consent why that has not been filed?. nextly even if it is filed, six months time is granted to reconcile, and even after 18 months persons do not turn out to the Court the petition will be dismissed. But the real crux is even if restitution is allowed, the husband can ignore it. Execution of restitution will result in payment of penalty, and if the decree is disobeyed, after an year a divorce can be filed by the wife and not by the Husband. If the situation is impossible to reconcile, and if age is dominant factor for both of them, it is better to file a mutual consent divorce, and fix a lumpsum alimony for all times to come. By legal proceedings precious time, energy and balance of mind will be wasted. Being seperate from 1.5 yrs, what earthly achievement has the wife achieved. It is making the life miserable. I do not know whether she has a baby? if so the baby can also claim maintenance. The signing of the letter is no admission and admissions can always be explained away even if treated as an admission under sec. 18 of the Evidence Act. Please refer AIR 1967 SC 341 & AIR 1974 SC 471.

Answer 3

This problem is not new and such problems occur mainly from love marriages. One important note on this is that many forgets that "mutual understanding is the greatest qualification and certificate". Every quarrel is the child of demand for rights without obligations. Every husband as well as wife has a weaker and stronger part, which are to be respected and tender parts are not to be bent more.
Every divorce case also result of certain controls and prestige over the spouse. Without knowing the background of the quarrel and the difference of the individual view on their joint life, it may not be able to solve their problems and if problems are related to the 'financial extravagance', things become more hard. In such case, the presence of a third person is important and an impartial view to the problems and their seriousness from the view of the individuals is/are necessary for amicable settlement. From your readings, it does not seem that there is any serious unpleasantness, but something childish, for which husband is not ready to excuse his self-esteem or to accept the wife's particular dealing on certain matters, which has to be satisfied by the nature and time. However, intervention of a 3rd person would do much better to join them.

Answer 4

look you cant have a mutual divorce by signing pieces of paper. if one party changes their mind for any reason there will be no mutual divorce, its as simple as that. what was signed is relevant only for the purpose of determining the amount of maintenance etc. tell the lady to stay away from the court if she does'nt want a divorce. what is said in legal notice has to be proved in court, making baseless allegations against the wife is counter productive to the case of the husband. the husband has to prove fault on the part of the wife to get a divorce and it will take him 5-10 years of litigation to do that.

Answer 5

The Husband, by anymeans, is a big jerk. Even if somebody else is influencing his decision. And why would the wife would like to spend her life even after such drama, life will never get back to normal. To hell with the guy. I think girl should be strong enough to fo for a new begining.

Answer 6

it could seem that the PF scheme is a contributory provident fund, it quite is your PF involves your contribution besides as contribution from the business enterprise. The PF schemes are coated below the tax rules, which supply for particular standards to be met and observed. i'm particular your previous corporation could have provided you with the regulations and regulations governing the PF scheme. you will could examine with the regulations related to fee of your dues. many times, those regulations supply the fee of the quantity of contribution made by potential of you alongside with activity due in case you leave the activity interior a distinctive era,say 5 years. in case you leave after 5 years you're entitles to complete quantity, it quite is, your and business enterprise's contribution plus activity. The employment rules require that the dues of the staff could be paid interior seventy two hours of leaving the activity. as a effect, the business enterprise is in default. the business enterprise might, although, with carry fee of dues if there are disputes that are unresolved, inclusive of disciplinary action for misconduct, fraud, and so on. while you're sparkling, you could difficulty a be conscious stressful fee of dues and report a case with ideal labour courtroom if no longer replied interior the given time. greater useful nevertheless, there could be an workers union which could be contacted for help. appropriate of luck.

Answer 7

Are you the husband or the wife?

Do you think if by force the wife is going to get back her husband unwillingly- she would have a happy married life?

Instead of accusing and pointing fingers at her husband if she really want shim back she needs to stick to her guns of wanting her husband back without accusing him or his folks get him 1st to the reconciliation cell and then convince him to meet her at a postmarital counselling cell where the wife needs to convince him that she woudl like to start afresh and also be convinced that he is convinced to start afresh!! And both husband and wife need to stay away from all lawyers and family whilemaking this decision.

for more details husband/wife can write mails to me.

-- I know this RCR and its purpose personally since I've filed it not as a lawyer but as a commonman who wants the spouse to join back.

Answer 8

u need not to worry just fight ur case with the help of a good advocate.
law of land is with u.