Divorce n settlement
jalesh
(Querist) 01 December 2013
This query is : Resolved
Dear experts,
I need ur as usual,valuable legal advice.i m putting it point wise.
Informations:
1.I m living separately for more than 12 month from my spouse out of 21months of married life .we met twice in this duration.
2.we have 5 month old daughter.
3.i m working in a public sector bank.
4.i have finally decided to go for divorce.
QUERIES:
i m getting threatening from spouse for facing the music.she is threatening of involving my parents too.there r some fund trf to me n my parents a/c from her father's a/c.
1.what can she do? plz tell all d possibilities.
2.how should i and my parents be prepared to face her such possible acts.
3.what may happen to my job if she files a police case.
4.should i put prior intimation to police of any expected false dowry case(u/s 498a)against us.any other step regarding such expected act.
5.what should be my plan of action if contested divorce after dowry case.
6.can court grant custody of child to me if she wants/agrees.
malipeddi jaggarao
(Expert) 01 December 2013
You have a daughter out of the marriage. 21 months married life is too short to break tie. What are the factor that contributed for yhour conclusion to go for divroce? Once she decides to contest the case, she will be under advice of expert lawyer. Yes, you will land into difficulties and harassment. To your specific queries:
1. You are banker. It is the proof that their parents have sent money to your father. She has a positive point to prove the dowry. 2. She can do all - she can file a police case alleging harassment for dowry, ill treatment etc.
2. What are the grounds you have against her? Simply if you jump into conclusion to give divorce, it is not possible.
3. If the police arrest you you will be suspended by the Bank.
4. Your prior intimation or complaint to the police will not work unless you convince them that you are innocent and they are going to make a false complaint.
5. Wage a loosing battle spending money, time and loosing peace of mind.
6. Generally the child custody will be with the mother. No mother will agree to give custody of the child to a divorced husband.
To sum-up find out the reasons. Reasons may be of both sides. Rectify your side mistakes and try to draw a reconciliation. Both of you go to a family counselor. That will help you both a lot.
Dr J C Vashista
(Expert) 01 December 2013
Iagree with Mr. Malipeddi Jaggarao to a great extent.
However, if you are getting threatening calls from your wife, you can approach the police and file case/complaint for blackmailing and threat of life and limb, whatsoever, she has evidence of dowry demand, which is again illegal but she can say and move to police and file complaints involving all/any of the members of your family, which is still to happen and nothing can stop her taking all these steps/course of action on the advise of legal experts.
Prior intimation to police shall be useless and unacceptable.
What is the cause for divorce did you analyse, have you attempted to reconcile, what are the steps you have taken to bring her back to your home during past 12 months or so????
In case she files a case of Section 498A/406/34 IPC and you are arrested, the bank shall suspend you till finalisation of the case.
Generally the baby shall remain with mother, at least till she attains the age of 5 years, however, you can be granted visiting rights on filing a petition.
Engage local lawyer,seek his/her advise and services.
Biswanath Roy
(Expert) 01 December 2013
Jumping upon divorce abruptly will be your sheer foolishness it may spoil your life also, better you go for reconciliation through common friends and relatives. I strongly hope you will be happy in your married life if you can shake hands with your wife unconditionally.
ajay sethi
(Expert) 01 December 2013
1) you have stated that there are fund trnsfers from your wife father account to your father account .
please transfer funds back from your father account to your father in law account .
send a cheque or demand drfat fro said amount
2)your wife can file 498A case / Dv case aginst you and your parents . in addition she can claim maintenance under section 125 Cr Pc . if her objective is to make your life miserable she wont file for divorce .
3)if any FIR is filed seek anticpatory bail
4) better contact a local lawyer . custody of child would be given to mother . you will get visitation rights
Devajyoti Barman
(Expert) 01 December 2013
Take a notice bail.
File a suit for RCR.
Try to shift to a new location to avoid arrest.
To engage her in talk to make amicable settlement.
T. Kalaiselvan, Advocate
(Expert) 01 December 2013
Please remember that while demanding is an offence even giving dowry is an offence. As suggested by one expert, try to transfer the amount back to her father's account followed by a registered letter with acknowledgment due, stating that he is returning the hand loan amount obtained at that time. Further, if you apprehend that she may indulge in lodging false complaint against you and your people, you may lodge a complaint against her and her parents for blackmailing you people demanding heavy amount from you to abstain from indulging in such activity, this will help you get anticipatory bail. The mere arrest and remand will not make your employer to terminate your services, they have to ascertain the nature of case and outcome, i.e., if convicted etc., then they can take up the issue with their higher office for deciding about your employment as per service regulation/rules.
Rajendra K Goyal
(Expert) 01 December 2013
Well advised by the experts, nothing more to add.
R.K Nanda
(Expert) 01 December 2013
agree with experts.
Biswanath Roy
(Expert) 01 December 2013
Now a days Law and the courts go in favour of wife more particularly when she has a small baby out of your wed-lock. Besides, your married life is only 21 months court will also consider this before Divorce. under such circumstances I always advice you for reconciliation.
Guest
(Expert) 01 December 2013
Mere filing a case and alleging does not mean that she is right. She has to prove every allegation. See within yourself also. If her allegation is proved, you would be in trouble. First of all try to understand, what are the causes to come in this situation and what are the possibility of settlement. Try to find out what she want and what you want. Is there any possibility of settlement and living together, try it through counseling and if not possible, try to get rid of it my filing divorce by mutual consent. Rest is advised by the learned experts.
prabhakar singh
(Expert) 02 December 2013
Action is followed by reaction is not only law of science but also of social science.The survival instinct of a human often rules soul of ordinary life without listening to devine's intuitional calls because of which a life has always inclination to 'defend and justify'.
From facts stated i fail to find why and how are you inclined for divorce.
If you put it,naturally every thing fair in war and love would start it's action,from which you can not escape as there is no foreguard formulae on either side and you have talked of some cash transfer from her side to your side is sufficient to drag your family atleast on prima facie basis
and you are NOT going to get custody of your child.
Better go for counselling to sort out problems on either side.
jalesh
(Querist) 02 December 2013
thank u experts...
now her parents are calling us at their residence along with my parents and brother in law(govt. servant) for reconciliation/next step.they'll be calling one of their family friend also.Here, there may be conspiracy also.
then, what precautions should i take? What is the procedure of taking help of family counselor and where can we find them?
Devajyoti Barman
(Expert) 03 December 2013
Better meet them at a neutral place preferably a public place not at their place of residence.
Biswanath Roy
(Expert) 03 December 2013
It appears from your statement of facts and queries that there are some misunderstanding between you and your wife probably due to guise interference of any third party who is behind the curtain. I advice better you take leave from your job for a fortnight and stay in a Hotel of a sea beech or hilly place and enjoy your days with wife and kid separately and away from your family members and members of your in-laws family to remove your differences. You may propose your such program when you will be called for reconciliation.
Rajendra K Goyal
(Expert) 03 December 2013
It is advisable to have meeting at some common public place instead of going to her place. You may take a chance as advised by the expert Biswanath Roy ji.
Dr J C Vashista
(Expert) 04 December 2013
Please stop this thread and act as advised by experts
V R SHROFF
(Expert) 04 December 2013
need councillor's consult
