Divorce Process
Vicky
(Querist) 03 March 2010
This query is : Resolved
I was married in Dec-09, my wife live me within 10 days and without telling any reason left the home. I try to contact her many times, but she didn't answer. Her father told me that she wants divorce, when I asked about the reason, he said that she don't love you. Through some sources, I come to know that she is engaged with some other guy from last three years and wants to live with him. Her father is asking for 4 lacs, while they expand just 2 lacs on marriage.
My question is what should I do, as they have threaten my family about 498A. If we choose for settlement what should be process and when should we make the payment & what will be the mode of payment.
Guest
(Expert) 03 March 2010
you can file a petition under section 9 of Hindu marriage act for Restitution of Conjugal Rights.As you mentions that your father in law asking you to give 4 lac rupees, its not sure that after giving 4 lac rs to them they'll not file a case against you under section 498A IPC. So at first file an application before family court under section 9 Hindu Marriage Act if you are hindu, buddh jain or sikh.
The execution of decree is as per the Rule 32 of Order 21 of the Civil Procedure Code, 1908, whereby, if a respondent has failed to obey such a decree, the court may, in the execution of the same, attach the property of the respondent, and if the respondent fails to comply to the decree within a year then the court may even sell the property and award such compensation to the petitioner as it thinks fit. Rule 33 provides another mode of execution in cases where the petitioner is wife and the respondent is husband. In such cases if the decree is not obeyed by the respondent within the specified time, he shall make such periodical payments to the petitioner as the court thinks fit.
ad. creaminall
(Expert) 03 March 2010
just file a petition for restution of conjugal rights before they file any complaint/petition.
PALNITKAR V.V.
(Expert) 03 March 2010
whether or not you file case for restitution, your wife is always at liberty to file 498A. Even you file restitution, she will make allegations against you and refuse to come. You will spend years to get decree of restitution. you wont get anything by attachment of property of wife, provided she has anything to attach ! I do not mean that you should not file petition for restitution. File it so that it will create some sort of pressure and may make it easy to have a settlement. The best course is to have settlement and go for divorce.
Sachin Bhatia
(Expert) 03 March 2010
I go with the advise of Mr.Ajitabh
Vicky
(Querist) 18 March 2010
Thanks all for your valuable suggestions, but I followed Palnitkar. Pay them the money and divorced her.
I know that divorce through notary is not final, but I took the risk as I know she is eager to marry her boy friend.
Hope that rest of life will be much easier now.
