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Author Topic: legal Advice needed  (Read 4735 times)

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Offline ishs23

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Re: legal Advice needed
« Reply #15 on: December 10, 2013, 03:14:24 AM »
Even though my last session was a good one at the CWA cell and my husband agreed to take me back in due course, the next date given to me for another mediation session with my husband and in-laws is 13th. But in the interim my husband sent me a legal notice stating that I should render an apology to him for registering a fake complaint against him with the cell. He has also cast aspersions on my character and called me a sucker for money and his property in the notice, which is not true as not even once during the course of the session have I demanded divorce or any money. My intention is clear from day one, which is to settle back with my husband, when the divorce threat has been coming from him all this while.

What should I do? Do i have to send a reply back to the notice as the deadline mentioned in the notice was 48 hrs which expired last week, and which I do not think is important at this point when the case is already with CAW. Should i wait till 13th session to finally see what he says and then move with the legal thing?

Kindly do reply!!

Offline advabdul

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Re: legal Advice needed
« Reply #16 on: December 10, 2013, 08:32:08 AM »
no need to reply to any such illegal notices. wait for the next date of mediatation and see how it works out. as for signing any such agreement where it is stated that u have registered a fake case never sign, you will be completely shattered
Advocate Abdul
I am Muslim law Advisor

Offline ishs23

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Re: legal Advice needed
« Reply #17 on: December 10, 2013, 10:32:44 PM »
Thanks for the reply. Will keep you in loop upon what happens on 13.
Cheers

Offline ishs23

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Re: legal Advice needed
« Reply #18 on: December 13, 2013, 09:59:38 PM »
Hi,
My husband did not turn up for the session this time but instead left an application in the cell stating he was unwell and attached with the application were his medical certificates. He had requested for another date so my IO has told him to turn up on 24th positively even if unwell.

Also in between my husband left a list of articles (part of the dowry including household articles, clothes etc. given to me by my parents) in the cell. Though the list is not complete but there is some contradiction here as as per the notice sent by him previously he had clearly stated that there was nothing given to me by my parents and he does not posses any articles but in the women cell he left the list stating that I agree the said articles are in my possession. 

I seek your advice on the following:
1) I am clueless as to where my are and life is heading. What exactly could my husband be insinuating?
2) Should I give up on the hope of returning to my married life with my husband?
3) Is it an indication that he is readying himself for a divorce battle with me wherein not even once have I ever said I want that as my fight is to get back and not break ties.
4) What can I do in the current situation to make my way back into a life with my husband?
5) Incase on 24th he says he does not want to live with me, what should be my answer? I do not fall into the rigmarole of court cases as it was to save my marriage I had approached the cell and not seek an end to it.

Kindly do reply as I need the most healthy and positive response to the situation.

Regards

Offline ishs23

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Re: legal Advice needed
« Reply #19 on: December 25, 2013, 10:05:11 PM »
Hi,
My husband on 24th Dec came with his lawyer uncle of his to the CAW and said they will not take me back. They tried hard to push us for MCD by telling us no point going to court and wasting 4-5 years and also threatening me that they will use their resources if we do not bow down to their demands. We flatly refused their demand and told them that they can not force us for a thing like this. They know how much guilty are they because I have solid proofs with me that shows the act of throwing me out of the house and then running away with my stuff and staying out of touch with us was a well-planned move by them.
However I am in no mood to divorce. Kindly tell me what is the next step I should take?
a) Would filing a DV case on them a better idea?
b) My husband has lied to me about his income and said he earns just 12k a month while the lifestyle led by him is pretty lavish. 27k was only the house rent that he was shelling out for the apartment we took on rent in Vasant Kunj. How can I produce proofs of his real income as I do not have much details about it?
c) What benefit would I have if I file a DV case first? Would it prevent him from putting a divorce case against me?

Please do reply at the earliest as my next mediation date is 4th of Jan and I need to know what should I say there in response to him saying he does not want to take me back? Should I ask the IO in front of him to register my case though I am not too knee on putting a dowry case on him.
   

Offline ishs23

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Re: legal Advice needed
« Reply #20 on: December 28, 2013, 01:02:02 AM »
Someone please reply to my query!

Offline tapanr

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Re: legal Advice needed
« Reply #21 on: February 09, 2014, 07:41:52 AM »
Hello,

we were a very happily married Hindu couple since 2005.

2009, Iost my job in UAE and had to come back to India while my wife remained in UAE.

While i was desperately looking for a job, I could not get either in India or UAE. My wife kept travelling to India to visit me.

In 2011, we went for a small vacation where my Mother in Law misbehaved with me. She left us in middle of vacation and me and my wife drove back alone.

Wife flew back to UAE but my mother in law kept misbehaving with me, for which i told her some stron words.

In exchange, she made my wife resign from her job, cancel her visa and come back to India.

I went to her place to make sure that my wife has really come back. There I was attacked by her relatives, escorted out by police and put in lock up overnight under section 155.

After 5 months we started chatting with each other and she kept making stupid excuses of delaying coming back.

In exchange, I abused her father, disclosed my mother in laws extramarital affair and 2 murders.


I flew to UAE with a job in 2012. We were chatting normally while she was yet reluctant to come back and yet confirming me that she wants to come back but her family members wont allow her to.

I abused her family big time on the emails. almost 20 emails per day, full of royal order desi north indian adjectives, cc to the whole family.

I opened her Facebook and emails to find out that she is purposely delaying to come back.This made her to file reports in cybercell for hacking and a few more police complains (NOT FIR) against myself and my mother. Probably to claim back the jewllery we purchased with joint savings. I realised that she has made the cyber cell summons to my Managing Director in UAE, because of which i lost my job again.

She has also filed divorce case on grounds of "irretreavable damage to marriage" and "change of my religion (since abusive words are not practised in Hinduism".

She appealed for an exparty proceeding since I never went to the court from UAE.Judge granted her the permission for ex-party.

I am yet very hopeful and confident that she does not want to divorce me, She is under heavy control of her mother who is a bad woman to an extent of murdering 2 lives (sister in law and one abortion). Her mother made my wife physically satisfy the politicians so the murder case be closed as suicide. My wife got pregnant and her mother killed that child too. I knew this before marriage and overlooked it for a happy life forward.

While I recently visited India, I couriered her a mobile phone, just before boarding the flight to UAE so that she does not mess with my passport.

In return, her lawyer came with her and police not less than 5 times and I picked up the phone to threaten him of making police reports that he forced enter my residence, tried to loot and rape my mother and threatened her of life. I have not yet lodged this report. It was only a threat.

My lawyers have adviced to let the decree come to be able to kill the police complaints she has made. The moment i approach High Court to re-unite, the police reports will come live again.

Her lawyer is well known for his crooked approach and blackmail. He was also slapped a fine of Rs 10,000 for wasting Court's time on a baseless petition.

How do I get my wife back?? She is neither receiving my phone nor replying my mails. She does read them all.

Offline tapanr

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Re: legal Advice needed
« Reply #22 on: February 09, 2014, 07:42:58 AM »
Crooks think alike....where ever they are....in my case it is her mother fooling around :)

Offline tapanr

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Re: legal Advice needed
« Reply #23 on: February 09, 2014, 07:51:24 AM »
@ishs
File an application for RECONSTITUTION OF CONJUGAL RIGHTS..... mylimitation is that I do not want to travel internationally to attend court....for expense and risking my passport.... you can as you are living in same town...

Read my thread. one adv misthi mukherjee has adviced to file one more IR (idunno what it is)...to prevent relatives to interfere in marriage.....

I am sure you will get your life back....... my good wishes....

Offline tapanr

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Re: legal Advice needed
« Reply #24 on: February 09, 2014, 08:06:12 AM »
@ishs

Dear Girl,

Judges become JUDGE after living a life of an advocate. They are not fools.

Honesty is your only weapon in court. I reconciled a divorce of my friend. Judge applauded it while the guy's family insisted on divorce and therefore I gave up.

Family Courts of India are not meant to seal DIVORCE GRANTED. Their objective is to RECONILE and SAVE a family.

The moment you file a Domestic Violence, 498 A.....Judge/CAW will come to know of your inherent motives.

Like I am doing, maintain ONLY ONE STAND....... I WANT MY SPOUSE BACK..................NO OTHER OPTION.........till death do us apart.

this will grant you enough of energy to talk confidently and not produce any body language signal (they come naturally and unconciously) that makes the Judge/CAW make to think of your inherent and unspoken motives (Police/Judiciary are taught to read body language prior to petition).

You will surely get your husband back!!!

Offline advbose

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Re: legal Advice needed
« Reply #25 on: February 13, 2014, 08:52:11 AM »
Its clear from your query that your husband will not take u back.... Regarding his family staying is but natural, they are trying to avoid any further allegations on them.... Regarding him giving your belongings back, most probably he will return to create a good impression to court..
. If I font divorce him. He wont get it thats for sure
... But u both will be running around in court for the rest of your life

 

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