Precautions i should take during settlement/divorce from wif
Querist :
Anonymous
(Querist) 14 February 2018
This query is : Resolved
I am 30 years old a graduate male person works in a private company in Bangalore. I recently got married to a girl on 04-Oct-2017. She belongs to Ambala-haryana. She stayed with me for 2.5 months.
During the married life tenure, i found her a very short tempered and aggressive girl in nature. In anger she was loosing her temper and getting depressed like anything.
Many times, in anger she was stopping to feed herself and going out from home in anger at any time (in midnight also), throwing stuff, tearing clothes/beating me/herself,
locking room door from inside. With this abnormal behavior she torched me many times and then i started to stay in another room of the flat with my younger brother, who was doing his studies in Bangalore.
In Dec she filed a police complaint against me and my brother in Bangalore thane. Police taken both of us in Police station and kept us for 2 days and relieved us on 3rd day in afternoon with the statement the problem will be sorted out by discussion among our parents both of me and her.
After that her parents taken her with them to her native and filed a fake police complaint in Ambala Cant Mahila Thane for domestic violence, Dowry and sexual harassment on me and my family members. Girl's family is from Ambala (Haryana). On the police call we all went there in Mahila thane and Inspector asked both of us if you both cant stay together take divorce and do your settlement.
Both parties my family and her family got agreed to do the same. They filed a court case also to ask for maintenance.
As per discussion we both parties got agreed to some certain amount (which was higher what they spent in marriage) and few her belongings (what she lefted at my home in Bangalore) has to be return as per their list. there lawyer got agreed upon that amount and her belongings to give her back and based on that he said he will take the maintenance case back on the basis of bank cheque with some amount in court. After 1 year of marriage, they will file a divorce case in court. At that time also they will take some amount again from us and after filing the divorce case they will again take the rest of the pending amount and will give divorce with mutual consent, once another 6 months will get over after the divorce filed in court.
Now as per the settlement amount and her belongings. What precautions i should follow? Please guide me those all to me.
They have not given anything in written rightnow. They can again increase the settlement amount/belongings. How can we prevent our-self from such incidents. In respect of whom (my wife/her father) i should give the bank cheque. Should we give amount only through cheque/NEFT or can do by cash if they ask. please suggest!!
I am so scared due to those miss-happenings. I am a middle class earning person. Want to prevent me and my family members from her fake cases.
We dont have any trust on girl's family people and they are much clever and cunning also.
I have few questions in my mind:
Girl knows my Office address. Can she reach and affect my job?
Do she has some rights to get my 50% of the property i.e. bank balance/salary and other things.
Girl already taken her gold with her and we have our own with us. We have video of that occurrence. Can she demand that gold also from us?
Any other thing, what she can do against me/my family.
After divorce also do i need to get worry that they can again harm me/my family in some way.
She has our pics together. They can blackmail us sometime in future. Can i ask her to remove those also as we are getting divorced.
Please help me and answer my questions.
Vijay Raj Mahajan
(Expert) 14 February 2018
Engage competent lawyer for guidance and helping in draft compromise agreement with regards to all the issues mentioned in your query here.
The welfare of one's client is the paramount responsibility and duty of an honest lawyer irrespective what fee he offers you for the job you must get done from him if he's honest. All the contingencies that may occur in future and best safeguard for these can also be worked out by your lawyer.
Querist :
Anonymous
(Querist) 14 February 2018
Please give more suggestions
Kuummaar AS
(Expert) 14 February 2018
“ANONYMOUS” ने इस फोरम पे बहुत QUERIES फैंकी हुई हैं सावधान रहिये
Sudhir Kumar, Advocate
(Expert) 15 February 2018
All gold given to her during marriage (whether by your family or by her paretns) is her property. By retaining part of the same you are opening your entire family to the criminal case u/s 406 /409 IPC (congnisable and non-bailable)
Dr J C Vashista
(Expert) 16 February 2018
If you are seeking an obligation from experts on this platform you will have to disclose your identity as per rule. No reply for anonymous author.
Otherwise consult a local lawyer.
