Divorce, dv, 498a

498a is not a big problem, as she have to prove the allegations 

Actual problem is maintenace, don't rely on "unemployment" argument. Prepare documentary evidence of working for less money. Prepare your medical documents also.Must have bill of medicines.

How much your father or brother is earning has nothing to do with this case.

Originally posted by : Sachin
	498a is not a big problem, as she have to prove the allegations  Actual problem is maintenace, don't rely on "unemployment" argument. Prepare documentary evidence of working for less money. Prepare your medical documents also.Must have bill of medicines. How much your father or brother is earning has nothing to do with this case.

Thanks for all your valuable information.

For Maintainance im preparing docs.

Need to get mri scan of my neck and get one of the nuerologist write that im unfit for sitting job or manual jobs.also for spinal stenosis there are meds that relieve only pain.surgery is only option, bit expensive

If the 498a allegations are proved wrong, will she get any sentence? Also, will that ease way to divorce?

Originally posted by : Menofhonor
	If the 498a allegations are proved wrong, will she get any sentence? Also, will that ease way to divorce?

No sentence for her. But it will be the ground for divorce. 

Originally posted by : Sachin
	Originally posted by : Menofhonor If the 498a allegations are proved wrong, will she get any sentence? Also, will that ease way to divorce? No sentence for her. But it will be the ground for divorce.

Ok, here is the twist. I talked to the lawyer and he said there is no 498a against me. Only that i have abandoned her and now she wants 125c
She only filed 498a and dv against my parents to pressurize me.
I know you have already mentioned to get evidence to reduce the maintenance amount, and they will come for settlement.
But she has clearly mentioned that she doesn't want divorce- wants monthly money, share in property. If they dont agree for settlement after maintenance case, how would i go about divorce? Will that can happen ever?

Originally posted by : Menofhonor
	Ok, here is the twist. I talked to the lawyer and he said there is no 498a against me. Only that i have abandoned her and now she wants 125c She only filed 498a and dv against my parents to pressurize me. I know you have already mentioned to get evidence to reduce the maintenance amount, and they will come for settlement. But she has clearly mentioned that she doesn't want divorce- wants monthly money, share in property. If they dont agree for settlement after maintenance case, how would i go about divorce? Will that can happen ever?

Once  you win maitenace case she will come for settlement, else you can also filing divorce case if you want ( but not recomended)

She cannot claim share in property, but she can claim "right to reside in matrimonial house" ( this is the main purpose of her to file DV case on your parents )

She can claim right to reside if you both were living in that ( your parents ) house before these case. So it is recommended for you to shift on rented accomadation ( atleast in documents ), So your parents can say that you are not living with them now.. 

Originally posted by : Sachin
	Originally posted by : Menofhonor Ok, here is the twist. I talked to the lawyer and he said there is no 498a against me. Only that i have abandoned her and now she wants 125c She only filed 498a and dv against my parents to pressurize me. I know you have already mentioned to get evidence to reduce the maintenance amount, and they will come for settlement. But she has clearly mentioned that she doesn't want divorce- wants monthly money, share in property. If they dont agree for settlement after maintenance case, how would i go about divorce? Will that can happen ever? Once  you win maitenace case she will come for settlement, else you can also filing divorce case if you want ( but not recomended) She cannot claim share in property, but she can claim "right to reside in matrimonial house" ( this is the main purpose of her to file DV case on your parents ) She can claim right to reside if you both were living in that ( your parents ) house before these case. So it is recommended for you to shift on rented accomadation ( atleast in documents ), So your parents can say that you are not living with them now..

Will i ever be able to file for divorce?

We never lived in my parenta home more than 5 days. For the last one year im not in india. And prior to that i was working in delhi. Prior to thar i was working too and she was working in another town.
Can i rent in my parents home? As they have already published in news paper that they are cutting all their ties with me and i dont belong to them now. It was done 4 months ago.
Can the court order to live with my wife again? I will never do that, i'd rather ask to sentence me to jail

Her case of right to reside is week, but because laws are biased towards women, court generally grants right to reside. Thats why i advised you to show your rental accomadation. To avoid any problem. If you deny court may ask you to pay rent allowence to her, Rent allowence should be of same level as you are living. So if you take an rented accomadation, go for lower class area like 1500-2000 rent per month. 

Originally posted by : Sachin
	Her case of right to reside is week, but because laws are biased towards women, court generally grants right to reside. Thats why i advised you to show your rental accomadation. To avoid any problem. If you deny court may ask you to pay rent allowence to her, Rent allowence should be of same level as you are living. So if you take an rented accomadation, go for lower class area like 1500-2000 rent per month.

I see
It seems like the judgement has already been made, and in front of the court i would be called just to listen and follow the order. What a pity
Can i live in my parents home and prepare rent agreement?