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Being blackmailed by wife with Criminal Case for divorce.
25-Aug-2023 (In Divorce Law)
My wife filed a criminal case on me (I Haven’t done any crime, it was just an argument). The Judge sent us for mediation in the criminal case. We finished the mediation and she signed in the mediation that we will live together. When we had the next hearing to close the case she dint turn up. Meanwhile she blackmailed me saying I will not come till you file for mutual divorce. I filed mutual divorce in family court with the help of 1 Lawyer. Now she is saying that she will not come to criminal court till she get divorce. She wants both to happen at the same time.
Our lawyer said that you can only advance divorce case after few weeks of filing. My wife now found some other lawyer who has told her that he can advance the divorce case and she is saying that she will get my criminal case removed simultaneously with the divorce case.
I want to know if this is true. The Criminal Court judge does not know that we have filed for divorce.
Dear Sir,
Your wife seems to playing a fraud. Thus, you can approach mediation centre for issuing some directions to her to join your company. Otherwise ask the mediators to send violation report to the Court. If you want you can file mutual divorce after divorce case is withdrawn with a condition that your wife must facilitate to withdraw all the pending cases including criminal cases.
Helpful?
Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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The criminal and divorce case can be filed simultaneously. But inform the Judge regarding Divorce Case being filed. Whenever there is next date for your appearance acknowledge the Judge that your wife has put a condition that once divorce matter get settled she will withdraw criminal case.
Helpful?
Adv. Ayantika Mondal
Bangalore / Bengaluru | 5+ Answers
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You tell your advocate to mention the terms and conditions on the mutual consent petition that your wife has agreed to withdraw the criminal case against you and on that note you both have compromised and agreed to apply the mutual consent divorce. If she fails to withdraw the criminal case after the divorce then take the divorce judges and present in criminal court. Also file application to reopen the divorce case and file application for violation of terms of the petition against your wife .
Helpful?
Adv. Rajesh K.S
Bangalore / Bengaluru | 700+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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