Husband and his father came for advice.
Wife had left on her own four month ago. She did not like the set up. She now wanted Divorce + 20 Lakh Rs.
If her demand not was met, she threatened to file cases 498A.
I advised them following:-
1) Husband should sent a polite email to wife. (later, copy of this email can be shown to court if wife files cases)
2) Husband said that he had audio recorded some talks with his mother in law and some relatives of wife. He said, these talks strengthens his case.
I asked him to prepare a transcript of audio recording. Transcript means, to type out actual talks transpired in recorded data. Any one can do such transcript. Transcript should reflect true words spoken.
At bail stage, court can refuse to hear audio recording, but transcript of audio recording can certainly be filed with bail application if any case is filed. It is then for judge to decide to take transcript into consideration or not.
3) Asked husband to Make preparations to file a counter case. Counter case means, there are circumstances and laws under which a Husband is also given rights to file some cases.
If wife files case, next day, then husband should also file case against wife in such a way that the Judge has to hear both cases jointly.
4) After preparing this much, husband should convey a message to wife through some mediator about the above preparations which are made.
After giving this advice to them, I forgot about their case.
Then two days ago, husband and his father came and informed me that wife has conveyed to them that she does not wish to file case but she only wishes to solve dispute and differences peacefully through mediation of family well wishers.
Well, it seems their problem got solved. At least it looks so at present.
After giving this advice to them, I forgot about their case.
Then two days ago, husband and his father came and informed me that wife has conveyed to them that she does not wish to file case but she only wishes to solve dispute and differences peacefully through mediation of family well wishers.
Well, it seems their problem got solved. At least it looks so at present.
In most cases, husband family and wife family do not tell whole truth to lawyers and judges.
They say something else and do something else. They keep changing their stand. Therefore sometimes, such disputes prolong.
Haresh Raichura
1062
