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Author Topic: Dont want Divorce case withdrawn but want judgement  (Read 1255 times)

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Offline colour

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Dont want Divorce case withdrawn but want judgement
« on: July 11, 2015, 01:42:41 AM »
1) Wife filed divorce under Muslim act in 2010 at family court.
+++ Have 125, DV and Dowry cases as well +++
2) Wife side dragged case till 2015. Feb 2015 issue framed.
3) New Judge at family court told wife lawyer they will not get divorce as their case is not strong and proper.
4) Judge suggested to her lawyer to withdraw this divorce petition and file a new divorce case.
5) I objected to this saying I need judgement and judge said it is her case and she can withdraw it and that my consent is not needed and I have no say in this.
6)Can this be done?
7) Her current petition is extremely weak and full of lies which I will be exposing. How to stop this misuse and I want same case to continue and get judgement on same case?
8) In fact I want the present facts to be the facts for her divorce case as all are lies and I am sure she cannot prove it whereas I can prove them all false.
9) That is the same reason that the divorce petition filed in 2010 has not been taken to proceeding till 2015 because everyone associated with this case is aware that her divorce case will not stand.
10) I would love to have the same facts be taken into account for the proceedings.
11) My gut feeling is when she files new divorce petition she will correct all her mistakes and amend the lies .... which I don't want to happen.
That's why I want the same facts.
12) A simple petition stating that I object to withdrawal of the case would do?
13) Judge had said that I have not made counter allegations and claims and that court fee was not affixed on my reply and hence it is not valid and I cant object. how can this be corrected on next hearing?
14) If I go to High court in appeal will it help?
15) Cant I say instead of withdrawal I need judgement by letting the case start proceedings and take its course?

Thanks in advance

Offline advmisthi

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Re: Dont want Divorce case withdrawn but want judgement
« Reply #1 on: July 15, 2015, 06:19:15 AM »
4) Judge suggested to her lawyer to withdraw this divorce petition and file a new divorce case.
5) I objected to this saying I need judgement and judge said it is her case and she can withdraw it and that my consent is not needed and I have no say in this.
6)Can this be done?


Ans: if you had filed a reply to that case than NO your wife cannot withdraw the case unilaterally. This is shocking a judge has said such an irresponsible statement in open court
Adv.Misthi Mukherjee
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Offline colour

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Re: Dont want Divorce case withdrawn but want judgement
« Reply #2 on: September 11, 2015, 02:13:01 AM »
Thank you for your valuable reply.

Hon'ble court had said the same thing
My lawyer had submitted reply on that
But court said that no ticket is pasted on that and its just a simple reply
It was lengthy 8/10 page reply.... How is this reply not valid ... what is the proper reply that had to be submitted?
Can I do that now
[ab]Update on the said matter[/b]


1) Wife filed affidavit in the divorce matter with same points as framed in Issue list.

2) Wife advocate gave application to withdraw point 4 from the issue list.

3) I asked for time to argue on that

4) I started cross examine of wife on 9-Sep-15.

5) Mid way of cross when I was about to present some documents to cross... Hon'ble court did not allow that and said take date to her advocate.

6) Hon'ble court told wife advocate to call their senior advocate, and in very soft and low tone told her advocate that I had asked you to withdraw this and file a different application and you guys filed affidavit and have taken point 4 from issue list as one of your main points in the affidavit

7) Tell your senior advocate to withdraw and file another application

8) +++ I want this point 4 not to be withdrawn.

9) How to stop that?

10) Divorce Affidavit by wife has been given Exhibit number and already 10/12 questions have been asked in cross?

11) Hon'ble court said they are plea bargaining and wish to take point 1 and not point 4 from issue list.

12) what legal aspect can I take to stop this? Please advice

Thanks in advance
« Last Edit: September 11, 2015, 02:17:59 AM by colour »

 

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