Domestic voilance & dowry harassment.
Querist :
Anonymous
(Querist) 23 September 2011
This query is : Resolved
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Hi I am raghavendra,
Got Married in 2010 feb, i wife had an different affire, so she was forced by her parents to marry me,
she run away from my house in chennai, after that she do not want to come back now her parents also do not want to send here back,
initiallly they were asking for more time to send here back, after 5 to 6 months they put a case against me for domenstic voilance, in that they asked for out side settlement, for divorce, and when i refused for direce and tryed to prove i am inocence, they have pput 498a on me and my parents and sister after 13 months she ran away, she stayed with us for only 9 days. still police have not put charge sheet. i already tried for qusha in high court karnataka, but failed to get the stay, judge is telling let police finish there enquiry and put a chage sheet.
this is pury for the money they are doing this i was getting some threathening callls also, i recodede them and produce in the court where domenstic volance case is running.
i betwwen i came to know that her marrige is fixed some where else, not with her lover but some body else
who is also a divorce guy. the girl to whom i got married is not a good girl, and she lost her virginity also before the marrige to me.
they are in very urgent need of divorce, but putting more pressure on me,
what i can do to avoide them, with out giving the money.
since they are in hurry they are not touching the monthly maintance also,
since i will appeal in some other court and the domenstic voilance case stops.
some of the advocate suggested me to file a divoce in chennai where i am working and she is for chickamagalore, when they sart roaming to the court they will come for settelment.
can i take back the divorce case once filled.
Shonee Kapoor
(Expert) 23 September 2011
If they are in a hurry, you should not be any hurry.
Don't file any divorce rather start following the slow routine of the court, they would come for settlement.
It is now a game of brinkmanship, whosoever blinks first would stand to loose more.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 23 September 2011
you have 2 options
1) if your wife wants divorce take divorce by mutual consent . it is faster and both of you can start life afresh . since she does not want maintenance better to settle quickly
2) in the alternative if you dont want to settle you file for restiution of conjugal rights .
Querist :
Anonymous
(Querist) 23 September 2011
Sir,
I want the settelment, i am ready for divoce with out giing money,
but they are expecting a lumsum amount.
which i do not know how much they are expecting.
ajay sethi
(Expert) 23 September 2011
well if she wants to remarry then you should tell them to forget any lumpsum amount .
you are in hurry to remarry and you can wait for court veridct that may take some yrears .
in such a case to pressurise them file for restituion of conjugal rights
Querist :
Anonymous
(Querist) 23 September 2011
Sir,
Where shall i file this i work in chennai(can i file this in chennai),
and she is from chickamagalore distict
karnataka.
initially i sent restitution of conjugal rights legal notice but for that no answer from them.
and her father came with some people threatened me and took a letter from me that untill two months she will stay with her parents and
after words she can come back to me or do her futher studies, that also they lied and her Engineering course she has failed for 3 years continousely and sitting at home..
they never sent her back put domestic voilance case and that letter they have produce in the court as evidance that i have not taken her back, when she came to me after getting the legal notice.
ajay sethi
(Expert) 23 September 2011
since she has not come back for 3years file for restitutionof conjugal rights. consult a local lawyer . you ought to have moved sooner when she did not come back after 2 months
Shastri J.K.
(Expert) 23 September 2011
I agree with mr.ajay sethi.
ESTHERPRIYA
(Expert) 23 September 2011
You can give a divorce by filing a mutual consent divorce in chennai family court with a settlement that all cases against you should be withdrawn immediately and also in Mutual divorce petition, you can inform them that no past, present and future maintenance will be paid to the girl.
Querist :
Anonymous
(Querist) 11 October 2011
Sir,
can she ask for monthly maintainance again.
in restitution of conjugil rights.
it is not pressed state now. in domestic voilance.
Thanks & Regards
V Raghavendra
