My in laws demanding money to get divorce
parikshit
(Querist) 29 May 2014
This query is : Resolved
Hi I am Parikshit,
My marriage lasted only for 1 month. My wife is at her parents' house since 1st April-14. Now they are demanding money to get divorce. I am ready to take her in but she is not ready. Now following is the question.
1) If i Pay a lump sum amount as Alimony is this acceptable in the eyes of law?
2) They are threatening to use law and charge me with false cases like dowry, Domestic Violence. But this they are threatening us not directly but through other relatives. What should i do to safeguard my interest and prevent any false case slapped on me and my family?
3) can I approach Local police station to file at least an "NC"?
4) When I approached Local police station they asked me to visit All Women Police Station. Is this as per procedure?
Please help guide me. I am a salaried person. IF there is any false case slapped against me, my carrier would be ruined.
Please help.
Regards
Parikshit
finman1@gmail.com
+91 9962578544
Devajyoti Barman
(Expert) 29 May 2014
1. Yes
2. There is no way by which you can remain immune from these litigation.
3. Yes but result is unlikely.
4.Not always.
Raj Kumar Makkad
(Expert) 29 May 2014
As your marriage has taken place recently so it is better to try for conciliation. Divorce cannot be claimed even before the separation of one year.
The other questions have already been replied properly.
parikshit
(Querist) 29 May 2014
Thanks for reply.
TO Mr. Raj Kukumar - I have tried to do conciliation to the best of our ability. But it seems that my in laws are indebted and want to earn money.
Can i ask follow up question.
1) IF i am not immune to any of these laws what should I do as me and my family is very law abiding citizen and do not have any power ful backing?
2) My in laws demanded 2.5 lakh. should i transact this via Cheque or not? if not agreeable by them, what should i do?
3) I am making the agreement for mutual consent including clause that whenever required each other will file divorce in court of law and other party will have to agree to that. this will be taken on 100 rs. Stamp paper and will be notarised. IS this the correct procedure and what are the critical point to include?
4) for filing an NC do i need lawyers with me to police station as they are not entertaining me?
Thanks in advance.
With Regards
Parikshit
+91 9962578544
Biswanath Roy
(Expert) 30 May 2014
If you presumed that your In Laws are indebted and as such need some money ask them how much they need and pay. For this reason only why you will spoil your married life by taking Divorce?
parikshit
(Querist) 30 May 2014
Its their demand not mine.. I had always asked her to come back. I cant force her to live with me as that is also against law. If i disagree to give divorce I will be slapped with all wrong cases ( as threatened by them ). Even if I go to court It will take years of harassment to me only. Not to her. The Law is heavily biased towards female gender. The Law and Social norms always target a husband. I cant question these facts. I am a very tiny consideration in the eyes of law.
Arvind Singh Chauhan
(Expert) 30 May 2014
If you really adamant for divorce and also to offer alimony. Arrange a meeting and make them agree for divorce on mutual ground and assure them to pay that amount in divorce proceeding.
Biswanath Roy
(Expert) 30 May 2014
In fact divorce spoils the life of wife and it has some impact upon her chastity whereas divorcee husband does not face any injury or otherwise to his social status and reputation.
parikshit
(Querist) 30 May 2014
The face is law is blind so does the social fabric. Thousands of husband and family suffers for a ridiculous law biased towards female. Still social fabric just targets Male for divorce. No one questions real motive to wife. Not sure how can law give justice if law makers only sees one side. Hope someone at least speak. Girls can easily remarry, boys have to convince thousand time before they can think of any separate life. At least i cannot even think about letting another girl ruining my life again.
IF someone can suggests, pls do else pls keep those valued "sympathy" intact for other occasions pls.
Biswanath Roy
(Expert) 30 May 2014
@ Mr.Parikshit,
There is a common proverb 'Prevention is better than cure', Secondly we often forget that due to evolution and in modern era thinking of girls were considerably changed. So in the changed society young boys shall have to change their ideas and thinking to apt with the situation by maintaining dynamic personality.
parikshit
(Querist) 30 May 2014
@Mt. Roy
I reached this community in search of "prevention" only. But alas, could not get any answer. Secondly, the time doesn't evolve by it self. People get a glimpse of manipulate law and start dominating others. Unfortunately some of agents of law help in getting undue power. IF dynamic personality means selling own daughter for money, sorry not acceptable.
Biswanath Roy
(Expert) 31 May 2014
@ Mr. Parikshit,
A good number of times I advised querists to follow shelter u/s. 305 IPC that can prevent the possible harassment from sec.498A IPC.
Secondly, manipulation of law for dominating others as alleged is very seldom.
Thirdly, mentality of some persons for selling daughters and wives against money can be found all over the world but for that cause retreat cannot be recommended.
Thyagarajan
(Expert) 31 May 2014
There should have been a reason for your wife leaving you like difference in ideas to run the house hold etc. From what you narrated it appears you did not ask her to leave. You have told only in-laws are after money from you. You have right to visit her and get to know what is in her mind. May be she and you can workout a plan to live without getting influenced by in-laws.
As Expert Mr. Rajkumar has told it is too pre-matured to talk of divorce etc in the light of the fact marriage took place only last year.
M V Gupta
(Expert) 31 May 2014
you have not explained the circumstances that lead to ur wife leaving ur house. If u are not really at fault, write letters to her asking her to come back and stay with u. Divorce cannot be granted within short time after marriage. There should be at least one years separation as already suggested by the experts. In order to save urself from false cases create evidence that she had deserted u without any cause by writing letters. Send the letters by registered post as well as by ordinary post. This will come to ur aid if any false cases are lodged against u.
T. Kalaiselvan, Advocate
(Expert) 31 May 2014
In my opinion too it will be too early to talk of divorce or any other legal actions in this regard. In any case you have to wait for one year from the date of marriage even for filing divorce under mutual consent despite you are ready to settle an one time quit alimony amount to her.Moreover it appears you are too curious to know about all those things which are not at all prevailing in your case, you are simply worried by reading too much of 498a threats being posted by many members in this portal. You allow her to remain in her parents house for another 6 months period atleast within which you maintain dead silence by not responding to any of her communication, this treatment will certainly make her realize her of the situation turning grave, may be she will come back to you as you desired or may be you can proceed with legal options if she is not not found to be conducive even after that.
M V Gupta
(Expert) 01 June 2014
In continuation of my earlier suggestion that u should create evidence by writing to her asking her to come back, I would suggest that u may send ur elders and other well wishers to her/her parents to pursuade her to return to her matrimonial house. If all these efforts do not succeed u may consider filing an application in the family court for restitution of conjugal rights.
M V Gupta
(Expert) 01 June 2014
In continuation of my earlier suggestion that u should create evidence by writing to her asking her to come back, I would suggest that u may send ur elders and other well wishers to her/her parents to pursuade her to return to her matrimonial house. If all these efforts do not succeed u may consider filing an application in the family court for restitution of conjugal rights.
Raj Kumar Makkad
(Expert) 02 June 2014
Filing of mutual consent divorce is the best option in the given case. A settlement can be got executed prior to the filing of the petition and agreed money should be paid at the time of final statement.
V R SHROFF
(Expert) 02 June 2014
WELL ADVISED BY SHRI ROY , SHRI RAJKUMARJI.& oRS.
DO NOT GO FOR DIVORCE.
Take this problem as Opportunity to get very happy married life.
HOW:
[a] ur in laws want money, or trouble u c 498a etc
[b] u r ready to pay 2.5L & divorce
[c] Execute MOU c all concerned, Pay 2.5L by A/c Payee Cheque , free of interest,for 2 years: With condition of Affidavits by them, that there was no cruelty, dowry demand, and WIFE will keep excellent co-ordinal relationship with you, as your wife. [4] Get PDC signed 2 years, c Pro note, and in case your wife misbehave or threatens, the amt becomes payable immediately {On Demand PN}
Once habituated to live to ur satisfaction, YOU WON THE BATTLE..
Nothing wrong to help in laws in need of money. ,All time, Love and Respect must prevail..BE - WISE. PRUDENT, TRY TO KEEP SMOOTH,LOVING RELATIONSHIP IN CONFIDENCE, AND KEEP DOCUMENTS that ensures, you are not at loss.
Even if they cannot return, forget.
Happiness and peace for 2 years cost millions..
[instead of loosing 2.5L money and buy tension, court cases expenses,harassment, better purchase joy of precious years of Golden young Life of newly married couple]
