Divorve

Anonymous

Replied 5 years ago

Thank you sir.!!
Sir if i will not agree for judicial separation then also court will do without my consent ??

Prabhakara S K Shetty

Replied 5 years ago

The court will not ask your consent, if he proves cruelty from your side, court may agree to judicial separation. Tell me which city the case is in ?

Anonymous

Replied 5 years ago

Farodabad haryana

Anonymous

Replied 5 years ago

Faridabad...
Sir
Only through audio recordings be can prove my cruelty ??
If i say the voice is not mine then ??

Prabhakara S K Shetty

Replied 5 years ago

he may ask the Court it to send the recordings to lab for forensic examination. Depends on what all you have spoken.

Anonymous

Replied 5 years ago

Thank you once again sir ..
And sir one more thing actually my case of domestic voilence is resume with women cell and after 3 councelling done with women cell..now this reached at court mediation cell where 3 more councelling will be done on my complaint basis. But in every councelling my husband is refusing to live with me.. so my question is to you that should i continue these councellings or withdraw this.. because after these councellings it leads to 498 a over my husband.
He doesnt have fear of this.
What to do now

Anonymous

Replied 5 years ago

Thank you so much sir... actually he has some of my audio recordings like when he mentally torchured me in 2017 it made me agressive with some of abusive language and i got to know recently that the voice had been recorded of me only.
So in this parameter what to say in front of judge..

ROBERT D ROZARIO

Replied 5 years ago

You must oppose his JS petition on the ground that the grant of a decree of separation will result in grave financial hardship to you and your 1 year baby girl and that it would cause great injustice to the child should the parents get separated. The Court would certainly consider these grounds and may either dismiss his petition or stay all proceedings until arrangements have been made to its satisfaction to eliminate the hardship.

Your lawyer should press before the Court at all times and remind the court that for the interest and future of the child, presence of both parents plays an eminent part in a child's life and growing up with dignity and value. A child should not suffer just because her parents are not able settle with their petty differences. Court should exhaust all corners and means and give its best efforts to save a family getting ruined. No selfish-interest or differences is beyond the interest and welfare of a child.

You can refer to The Marriage Laws (Amendment) Act, 2013 which have amended the Hindu Marriage Act 1955 thereby inserting section 13C, 13D, 13E.

13D. (1) Where the wife is the respondent to a petition for the dissolution of marriage by a decree of divorce under section 13C, she may oppose the grant of a decree on the ground that the dissolution of the marriage will result in grave financial hardship to her and that it would in all the circumstances, be wrong to dissolve the marriage.

(2) Where the grant of a decree is opposed by virtue of this section, then,—
(a) if the court finds that the petitioner is entitled to rely on the ground set out in section 13C; and
(b) if, apart from this section, the court would grant a decree on the petition,
the court shall consider all the circumstances, including the conduct of the parties to the marriage and the interests of those parties and of any children or other persons concerned, and if, the court is of the opinion that the dissolution of the marriage shall result in grave financial hardship to the respondent and that it would, in all the circumstances, be wrong to dissolve the marriage, it shall dismiss the petition, or in an appropriate case stay the proceedings until arrangements have been made to its satisfaction to eliminate the hardship.

As far as audio recording is concerned, use of abusive language is very common and frequent these days and have almost become a part of our social life. No man or woman can say that he/she has never abused during their lifetime in adverse circumstances. Court would consider in its observation under what circumstances those words were uttered. You can't clap with one hand, and neither smoke is emitted without a fire. He must have done certain wrong to provoked you resulting such words to fall out from from your mouth. Those abusive words were merely unintentional. You're an educated woman and well aware of your limits. Merely use of abusive language should not be considered as a good ground of separation, unless wife have completely withdrawn from the society of her husband and had refused her conjugal duties. Your lawyer should know these tactics of twisting and turning the table around. Make him the culprit as he had pre-planned everything and therefore done the recording to make out a case of JS. You're just his victim fallen in his trap by his provocation.

So don't burden yourself and stop blaming yourself for those common things. Get a lawyer from Vidhikarya to oppose his JS petition.

Anonymous

Replied 5 years ago

Thank you once again sir ..
Your words really encourges me. Otherwise i was in deep tensed.
And sir one more thing actually my case of domestic voilence is resume with women cell and after 3 councelling done with women cell..now this reached at court mediation cell where 3 more councelling will be done on my complaint basis. But in every councelling my husband is refusing to live with me.. so my question is to you that should i continue these councellings or withdraw this.. because after these councellings it leads to 498 a over my husband.
He doesnt have fear of this.
What to do now??

ROBERT D ROZARIO

Replied 5 years ago

Go by the advice of your conduction lawyer. However, considering my view from outside, I suggest not to withdraw unless the counselling agents have concluded that it won't be fruitful to continue with the process and drawn their report about the factual aspects and opinion in the matter.

Anonymous

Replied 5 years ago

Okay sir..
I will not withdraw the case and it will result to 498 .
My pleasure to have ur wordings sir..
I wish u could take my case..
thank you once again.

ROBERT D ROZARIO

Replied 5 years ago

Same here Madam, I can understand the pain and trouble you are going through. and at the same time I appreciate you for holding your grounds so firmly. You're also a great mother fighting for your child's rights as well. An inspiration for other women too.

Every effort counts and I hope all his ego and pride breaks once the 498A proceeding begins before JM/MM and come to terms with you. Else JM/MM by its findings and observations pass an adverse order against him.

You can anytime write to me about your concerns if any. I will definitely reply back if time permits. You can get my contact details from Vidhikarya. Regards. Blessing your way

Anonymous

Replied 5 years ago

Thank you so much sir and specially thanks to vidhikarya who gave me the pleasure to have words with you.
Even i want that my married life could settle again.
Rest my luck .
I will definitely in touch with you !
Thank you once again ?

Anonymous

Replied 5 years ago

Hello sir..
I hope you are fit and fine.
Actually my husband has a whtsapp screen shot proof of my chat with one of my collegue. The time when i was pregnant that time i had a chat like ""madam how are you and you have conceived a baby congrates ..your husband is back from pune or not.you must have a baby boy agr na hua its ok next mera kar lena..."i mean that was totally fun.
And now my husband is also making ground of divorce to this chat and saying that i have extra marital affair.
So my question is what should i say in front of judge.
Whether i say that the chat was not mine or my husband have done this chat through my phone with his friend.
I need your advice in this.
Thank you and regards

ROBERT D ROZARIO

Replied 5 years ago

Glad to hear from you once again. No worries there are ways to come out it. Contact me by getting my phone number from Vidhikarya. I hope you understand case strategies should not be discussed in public domain. regards

Anonymous

Replied 5 years ago

Thank you so much sir... actually he has some of my audio recordings like when he mentally torchured me in 2017 it made me agressive with some of abusive language and i got to know recently that the voice had been recorded of me only.
So in this parameter what to say in front of judge..

Anonymous

Replied 5 years ago

Thank you so much sir... actually he has some of my audio recordings like when he mentally torchured me in 2017 it made me agressive with some of abusive language and i got to know recently that the voice had been recorded of me only. So in this parameter what to say in front of judge..

Anonymous

Replied 5 years ago

Thank you so much sir... actually he has some of my audio recordings like when he mentally torchured me in 2017 it made me agressive with some of abusive language and i got to know recently that the voice had been recorded of me only. So in this parameter what to say in front of judge..

Anonymous

Replied 5 years ago

Thank you so much sir... actually he has some of my audio recordings like when he mentally torchured me in 2017 it made me agressive with some of abusive language and i got to know recently that the voice had been recorded of me only. So in this parameter what to say in front of judge..

Kavery Anand

Replied 5 years ago

Dear client.. if u have voice recording.. with u then submit those evidence to court through Ur lawyer...

Kavery Anand

Replied 5 years ago

As u said those recordings he is having with him .. then tell in front of judge .. but he may say ... I don't have any recordings... Or he may say it got dilited...
But Np... Take ur lawyer's help and file maintenance and alimony... for u and
ur baby..

Anonymous

Replied 5 years ago

Thank you mam.
Actually mam u didn't get my point. I am saying he has recording of my voice. Like when he torchured me and didn't live with me at room then i used some rough language to him and now i got to know he has been recorded the things .
In that condition if i say the recorded voice is not mine then wht will happen. Whether the judge will send my voice sample to lab or whtelse.

Thank you so much in advance..