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varindersingh   12 May 2015

498a and 125 crpc

Me and my wife got seprated on 20-Jul-2014. at that time she says that she will send divorce papers. after waiting for 4-5 month i filed case u/s 10 of HMA for Judicial seperation on ground of mental cruelty. they did not appear on first 3-4 dates. finally i serve the notice by hand. they didnt appear before judge but a meeting held face to face where they imposed several baseless blames on me verbally. after few days they gave police complaint in which they mention name of my whole family members. Dy. Supdt of police called us within day to appear before them on next day coz alongwith  complaint they manage to get political pressure to take immediate action against me and my family. they have imposed many false elegations. after listening whole story the DSP says that i can only give sometime so that u can settle mutually. by their efforts finally they agree to settle but with aa big amt. i cant manage immediately. 

now i want clarification on following points.

1. Should ask them to  withdraw police complaint or to just file affidavit the we have aa settlment agrement?

2. as they also want one time maintenance for daughter and custody, does that mean in future i cant take custody of my daughter.

3. i am fearing that amt. they get will not be spend on my daughter, rather they will utilise for their on purpose. can i bound them to spend only for my daughter (with some terms)

4. what is the best option that i can choose to bound that in future they did not harass me.

 



Learning

 2 Replies

saravanan s (legal advisor)     12 May 2015

if its been more than a year from the date of marriage at the time you filed for js u /s 11 you could have staright away filed divorce on some suitable grounds.why you dint do so?

what is the status of the  judicial seperation case

what police complaint they gave...is it on 498a or something else

the way the police dcp had acted is not legally right.dont budge to his tactics for extorting money from you.if he is continuosly taunting you file a complaint with his higher ups to take action

now is your wife willing for mcd?

 

varindersingh   13 May 2015

Advocate i hire was my close realative. so he choose  JS for way to divorce. being a relative of mine i didn't think that he can lead me on long and wrong way. His purpose was to charge his own fee only. after sometime he started avoiding my fone calls. as i was also getting aware through lawyersclub.com on various issues i ask for the ways and methods i study on this site. He just says let me do litigation and forget the other ways. 

He even didn't appear on single date, instead said to other local lawyer to proceed. as i have paid fee to him, so i didn't insist the lawyer processing my case. 

After my own efforts, i my self deliverd summons. as a reaction, my inlaws first react to this in manner expected. they immediately filed police complaint for dowry and threatening. as me and my whole family was in a trouble that we have to choose the way they insist. as i m in govt service and for sake of family i have to accept their demand for money even though everyone knows that complaint was false. they said they are ready to give MCD if we would pay around 10 lakh for maintenece of my child. 

finally i m ready to pay maintenece peridocally as i cant pay one time. but they are asking for single payment. other terms of MCD are yet to decide. what points should i cover. 


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