One-sided divorce petition
Querist :
Anonymous
(Querist) 12 November 2009
This query is : Resolved
Due to valid reasons, I've submitted at the family court a petition for availing divorce - on grounds of cruelty.Its been 2.5 years since we got married. got a 1.5 year old child too. are christians. due to differences between us my wife has filed a false criminal case against me accusing me/my parents on grounds of dowry-torture. she stated formally and on paper that although i've been given 25 lakhs as gift/stridhan, im torturing her asking for more money. whereas in reality what she brought from her side was only 10 lakhs, out of which we bought 4.5 lakhs worth gold for her and most of the remaining cash has been invested in securities on her name, and i never tortured her on the suggested grounds. im working abroad. she is currently staying at my father's house (bought by him on his name)- now 1 year. she got a court order (interim) prohibiting us from entering/dispossessing this house. Apparently, she is not complying for a compromise outside the court. they are taking revenge. their intention is to give me/us trouble and anguish.
now here are the queries:
1. if i consistently stick to my need to get divorce, will i eventually win the case overcoming her defences? or will i be denied divorce because she is able to fabricate stories?
2. Does her false claim of stridhan/gift stand as valid and true before the court? there's no proof for any sort of transaction.
3. What would be the maximum compensation which i might end up paying? My net worth is perhaps 8 lakhs only, plus a car which is on my name, some furniture that i bought and the salary being earned currently. every other thing is on my father's name. Pls note that she is trying to claim her right on each and everything including the house that my father owns.
4. Does it stand as valid and standing before the court any of her/our child's claim on my fathers/my property now or in the future before/after divorce?
5. How long does it normally take to resolve similar cases? please give me a rough idea.
6. i'm hoping for clear cut answers/ideas - at the least brief replies to each query.
many thanks
Raj Kumar Makkad
(Expert) 12 November 2009
1. No. Mere constantly sticking to the point of divorce is no solution. Her petition/accusations should be dealt with vigorously on the basis of documents and oral evidence.
2. Everything is to be proved by either of the parties so mere allegation has no stand.
3. The house is intact and cannot be claimed by her. so far as compensation is concerned, it depends over the concerned court, however, various facts like custody of your child, his maintenance, the age of ur wife, her income proof and some other facts shall be taken into consideration while deciding permanent alimony.
4.Your child has every claim over your properties but not now but after your death. He is entitled to be maintained by you.
5. 3/4 years.
6. I have tried as sought.
