Divorce case
Prakash Jha
(Querist) 10 October 2012
This query is : Resolved
Let me start with you all. I’m recently married within 7-months of marriage, there were quarrels but it use to subside We did not investigate about her neither her parents/family , eventually one of her aunt stays at Hyderabad her daughter called my office spoke with my Manager like how I`m working ,etc? Then we both used to talk over phone and finally married (hell).
One day she went to Bombay without informing us and her aunt who stays near her place called us were is she , we told she deliberately left home that night at 10:45 pm my father received message from her “I`m going to Bombay take care” after few days she her father and her aunt came to our place took transfer all her belongings and her gold ornaments ,she did not inform us that she transferred her job.After 2.5 months she replied from her lawyer that we are demanding money,asking her for money,etc,and also to purchase flat if she is allowed to stay with us. After Marriage she used to speak over phone with someone when I asked her to whom you are talking she replied to her parents , one day I took the phone from her and she was speaking with some Boy .She said he is my office colleague and that Boy is asking me please take care of her she is good ( who the hell is he?)
I started going to her email I was surprised that she used to chat with so many Boys with 5-6 months before marriage she says to one boy “why can`t you come to our house” and “my parents wants to see you and also her parents are interested in that boy” there were many chat`s which I’ve seen from her email
Now ,she says she is mentally not well and to pay her 1 – Bedroom at Bombay, 180 grms of Gold,her maintenance 15,000 INR or 10,000 INR.
Sir- I`ve taken loan for my marriage she and her parents knows this, however we do have her call details for her when she used to stay with us. She also wrote email to my sister what she has done she is sorry for this and also to me saying she is sorry for her actions and her behavior towards me and my parents.Now at this situation I`ve again taken loan as our lawyer was saying (is this is correct) so that my earnings will be under her expectations and moreover my father is retired and mother is house wife they both are dependent on me.However, she and her family members has registered a case towards me and my parents Domestic Violence Act we have been for our first hearing at Court and next date is next month.I`ve been to several websites which says is Wife is working she cannot demand money is this is true (how far this is true) and in what cases court will support us , because in the paper from which was replied from her lawyer it clearly says she is working . Does court needs evidence then in what grounds is my lawyer enough to support us and how does this divorce will work our here?
Please I`m really looking for suggestions and advice ,please reply
Devajyoti Barman
(Expert) 10 October 2012
Unfortunately if she claim interim maintenance the court would not go to the root of the dispute and would grant her interim maintenance as per your earnings.
Only way to avoid this is to show her regular income. Until you do that you have continue to pay her maintenance.
Prakash Jha
(Querist) 10 October 2012
Thank You Devajyothi for above info,however I cannot pay her maintenance after deductions I need to take care of my mother as she is suffering from sugar and also my father retired without any income.
1) We do have her evidence in her writing and signed by her without any force from our-end She wrote email to my sister what she has done she is sorry for this and also to me saying she is sorry for her actions and her behavior towards me and my parents and from today you are free.
2)She used to receive midnight ph calls many times she used to speak with someone and other day she used to tell me/parents that she(I) is receving ph calls late night,then we lodged a GD with police,however Telephone Call list came after some months when she left from our place.Can this be proof saying that this girl is bad in her character.
3) We do have her recordings and when her parents came to our place saying she does not want to stay with me also her mother said the same in-front of everyone and this is been recorded.When She took her belongings this is been recorded also.
4) When we went to Court for our First Hearing she was coming towards me and about to hold my arms in the court.I was running literally I went away from her and when I spoke all these things to my lawyer he replied maybe they need to compromise if compromise I do not need that girl, can this be Mutual Divorce.
5) Any suggestions please
Please do answer me in point
ajay sethi
(Expert) 10 October 2012
what is your monthly income?
how much is her monthly income ?
in Dv case court is going to consider your income and her income before deciding issue of interim maintenance .
as far as divorce is concerned better to go for divor ce by mutual consent .
in case you go in for a contested divorce based on grounds given by you it will take years if it is contested by your wife
