Wife filed complaint after recieving divorce notice
Guest
(Querist) 27 November 2016
This query is : Resolved
I filed a divorce case in Gurgaon on grounds of cruelty in september and my wife (staying seperately for last 11 months) recieved the divorce notice in october. After recieving notice she filed a DV and dowry complaint against me and my parents in Ghaziabad. Now we have recieved a notice from mediation centre to appear before them on 28th november.
What are the options available for me to deal with the complaint filed against me?
Is it an advantage for me that i filed a divorce before they filed a complaint and can i use this argument in my favour in the case against me?
How can i make sure that my parents are out of this mess and i deal with it all alone?
I dont want any mediation or give any maintainance or alimony to them as she is working and i have not taken a single penny from them till date and i am ready for a long drawn battle. What should be my stand when i am asked to settle this outside court by giving a certain amount of money?
Any other advice which can help me.
adv.bharat @ PUNE
(Expert) 27 November 2016
Atul u can appear for mediation and try to resolve the matter amicably.
Do not take DV application lightly.
Yes definitely give her handsome offer to settle this issue.
Will u appreciate this answer by giving like on my LCI profile?
Rajendra K Goyal
(Expert) 27 November 2016
You said:
What are the options available for me to deal with the complaint filed against me?
Reply:
Presently attend the mediation.
Try to save marriage.
If not possible, try for amicable settlement.
You said:
Is it an advantage for me that i filed a divorce before they filed a complaint and can i use this argument in my favour in the case against me?
Reply:
Both cases are separate, you can have one of the defense on this point.
You said:
How can i make sure that my parents are out of this mess and i deal with it all alone?
Reply:
Depend on the charges against them. Discuss with your lawyer.
You said:
I dont want any mediation
Reply:
Procedure has to be followed, you should try to arrive at amicable settlement.
.
Rajendra K Goyal
(Expert) 27 November 2016
You said:
or give any maintainance or alimony to them as she is working and i have not taken a single penny from them till date
Reply:
Bring all proofs of her employment on file. Rest depend on court.
You said:
and i am ready for a long drawn battle.
Reply:
Not a good approach. May loose this bravery, once police arrest and keep in lockup.
You said:
What should be my stand when i am asked to settle this outside court by giving a certain amount of money?
Reply:
You should try for amicable settlement, it would be in favor of all.
Guest
(Querist) 27 November 2016
Dear Mr Rajendra K Goyal
Firstly, i thank you for your opinion.
Secondly, as regards to your point regarding loosing this bravery once an arrest is made is concerned i would request you to kindly elaborate this point since i beg to differ maybe because i do not posess the expertise in legal matters. Can an arrest be made without proper investigation and before filing of chargesheet just based on a complaint filed by wife in response to a divorce notice. She is not living with me for last 11 months. I have never demanded any dowry or taken a single penny from them. They have put baseless and false allegations against me thats why i said i am ready for a long drawn battle. I have no problem fighting both a divorce case and DV case since i dont want to give up to their unresonable demands.
Guest
(Expert) 27 November 2016
Dear Atul,
DV or dowry case, may that be false, has to be contested on merits by compulsion. About your question, "Is it an advantage for me that i filed a divorce before they filed a complaint and can i use this argument in my favour in the case against me," that may be advantageous due to your case being the first before your wife's case, but still depends solely on the reasons quoted by you versus the allegations made by your wife. However, both have to to be contested separately.
About your statement, "I dont want any mediation or give any maintainance or alimony to them as she is working and i have not taken a single penny from them till date and i am ready for a long drawn battle," I may point out to you that in such cases a respondent has no control, except to fight effectively scuttle down the allegations effectively with the help of some knowledgeable and smart lawyer. Otherwise, that can ruin the lives of the family for ever. So, you should be well prepared. Your resolve not to mediate or pay maintenance/ alimony may not help you as maintenance cannot be avoided unless wife earns more than the husband. Of course that may tend to reduce your liability that too depending upon the order of the court.
However, rest assured, now a days, arrest cannot be made by police without the express approval of a magistrate. But once arrest is made, life is ruined in such cases. SO, PER FORCE, YOU WILL HAVE TO BE ALERT IN ALL RESPECTS TO AVOID ARREST AND GATHER THE SOLID PROOF IN YOUR FAVOUR.
Best of luck.
Sudhir Kumar, Advocate 
(Expert) 28 November 2016
"What are the options available for me to deal with the complaint filed against me?"
A PERSON WELL CONVERSANT WITH ENTIRE FACTS AND DOCUMENTS CAN ONLY COMMENT.
Sudhir Kumar, Advocate
(Expert) 28 November 2016
"How can i make sure that my parents are out of this mess and i deal with it all alone?"
ONLY BY SEEKING MERCY FROM HER.
AND ALSO YOU HAVE ALSO TO SHED THE IDEA THAT :-
"I dont want any mediation or give any maintainance or alimony to them as she is working and i have not taken a single penny from them till date and i am ready for a long drawn battle. "
IF YOU ARE FIRM ON THIS IDEA THEN BE ENLIGHTENED THAT GETTING AB IN UP IS NOT SO EASY AND MAY HAVE BE BE IN DASNA JAIL FOR FEW DAYS WITH PARENTS.
Sudhir Kumar, Advocate
(Expert) 28 November 2016
"What should be my stand when i am asked to settle this outside court by giving a certain amount of money?"
FEEL LUCKY IF THIS OFFER COMES WITHOUT YOU BEGGING FOR THE SAME.
Rajendra K Goyal
(Expert) 28 November 2016
You said:
as regards to your point regarding loosing this bravery once an arrest is made is concerned i would request you to kindly elaborate this point since i beg to differ maybe because i do not posess the expertise in legal matters.
Reply:
The reply was clear, nothing legal in it. it was a caution due to pro women law in the country. It is good you are not afraid of the harassment may be caused. Rest on you.
You said:
Can an arrest be made without proper investigation and before filing of chargesheet just based on a complaint filed by wife in response to a divorce notice.
Reply:
Yes.
Rajendra K Goyal
(Expert) 28 November 2016
You said:
She is not living with me for last 11 months. I have never demanded any dowry or taken a single penny from them.
Reply:
You have to prove the fact before court during prosecution, police may or may not accept your plea. Prosecution would start after 1-2 years, till than you can be arrested, if do not opt for anticipatory bail / bail.
You said:
They have put baseless and false allegations against me thats why i said i am ready for a long drawn battle.
Reply:
Allegations may not be baseless and false, in litigation till court decide so after trial
Rajendra K Goyal
(Expert) 28 November 2016
You said:
I have no problem fighting both a divorce case and DV case since i dont want to give up to their unresonable demands.
Reply:
If no amicable settlement arrived, no other alternate, you have to, you may have problem or not.
Rajendra K Goyal
(Expert) 28 November 2016
Do not know why and how your account has been marked as Member (account deleted)? We do not attend such query generally, any how, we try to attend your submission.
Guest
(Expert) 28 November 2016
The member seems to have fled away getting his profile deleted.
Rajendra K Goyal
(Expert) 29 November 2016
Can not guess, why the account deleted.
