Guru (Sales Manager) 31 July 2013

Can i file divorce on cruelty basis?

My marriage has completed 6 months only; in these times my wife has created so many scam types of things… She has file false police complain against me, she has lived hardly 30-40 days with me…..she was very rude on phone and in her behavior. I have some recorded phone calls….She threatening me and told give me 10L Rs or I will file case on you, I have recorded that things….

I have flat my own name which I borrowed loan from bank and bought…..so, is there any chance to claim on my property as she and her family having no property and living on rental basis flat??……she live with her parent and she is the only earning member in her family. I have no proof except her office address, 1-2 office colleagues no , Old photo ID/Visiting card (Now her office has shifted in other area)

I am not capable to give any single penny in alimony or maintenance and why should I give if I am able than also…. I have my senior citizen parent and my dad recently face surgery where I was spent all my savings….So, currently I have no money in my account….I took personal loan as well from bank and my family friends.

Please advise me what should I do at this stage? I have put all my efforts to convey her for mutual divorce but she didn’t turn out.....

Please suggest me some ground and strategy y to take things further….

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11 Replies

Tajobsindia (Senior Partner ) 31 July 2013

1. Compile ‘evidences’ and keep them at safe place / hands.

2. You know your situation better then what you could have expressed before us. Hence if ‘exceptional’ grounds emerges necessitating filing divorce using /mental cruelties’ then you may seek in-person opinion showing sets of evidences with atleast 2-3 seasoned lawyers and upon receiving ‘sound legal advice’ may go ahead and convince ld. judge to admit the case under 1 year old. Otherwise there is a bar that one has to wait 1 year of marriage to use such and others ground. Furtur legal consultation does not cost a bomb.

3. Self earned property is not to be shared or given and no such Law is enacted. It is other matter feminist groups are lobbying for such laws but currently the property is all yours. Only thing she may claim is right to residence provided same was proved to be ‘matrimonial home’ within preview of DV Act, 2005 or rent in lieu of right to residence further read with she not earning. All these factors need in-person consultation with sets of lawyers and not solely relying on internet discussions. Her ID / VC are subject to Law of evidence and call for records based which a able Lawyer should be able to handle for a client.

4. Law is settled on ‘interim maintenance’ so far as half dozen ‘maintenance’ laws floating around and says if both spouse earning then ‘no interim maintenance’ to an earning wife. Income r/w reasonable deductions further read with variable factors as narrated in yoru brief are all considered thus disallowing her side to scoop ‘maintenance’ from you rest assured on that but with a caveat you need to hire after all due diligence a seasoned lawyer if proceeding ahead. Alimony is separate ball bearing and basically plead based on various variable facts of spouse marital life based. In your case suppose coming month case is filed and knowing the marriage is short lived I doubt she / her side can plead further forcefully to ‘part alimony.

5. Do some self help on devising your own strategies thus suggested to read daily atleast 50 replies from family law / criminal law / civil law forums as this legal portal has good repository of legal advice from cross sections of professionals and aam janta.

1 Like

stanley (Freedom) 31 July 2013

@ Last the hubble bubble of LCI is back after a long time .

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 31 July 2013

Dear Querist

maintenance is her right is she is unable to maintain herself, if she is earning lady and doing job or business then she can not claim maintenance from you.

there is no law yet regarding property share of your to your wife it is pending and may be in future it will became a law but uncertain.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 31 July 2013

you have right to file a divorce case against her if you think that it is not possible to live with her u/s 13 (1) (1a) of Hma read with section 14 of HMA.

Guru (Sales Manager) 07 August 2013

Now, she is ready for meeting......

My query is please let me know if she is aggree and give her favor for mutual consent divorce than is there any possibility to file mutual consent divorce without completed 1 year, any provision in law? If not than what should I do now for my precaution as I don’t have faith on her?

If things are not working out in the meeting an she is not ready to co-operate than is this suggestible to file the case on mentally cruelty basis? As I have mentoin in my query I don't wanna to give any maintenance or alimony as she is only looking for money, money and money...corrupted mind.

(Guest)

No need to file cases now,just wait and watch and meanwhile collect her income details.It's better to file divorce after completion of one year as you have more to say and more to add in your cruelity story writen by your loveable wife.

It is well said by tajjob as it's better to get some time on this LCI reading the querries on family as well as criminal forum.

Then you think what would be the better strategy for your own case.

if she threats you then give NCR to nearest PS for your record that you have intimated the police before her false cases.

regards,

A suffere..

Guru (Sales Manager) 07 August 2013

Hello Sufferer,

Why Should I wait? She did fake police complaint against me......and that date she was not at my home, I have her written SMS which she sent me few days back while she was going back her parent house...That sms was "I am going at my parent home no need to call me or talk to me" She and her office executive thranted me for alimony rupees, I have voice recording of that. And howto maintenance are calculated? I pay the home loan EMI which is half of my monthly income, I borrow the personal loan also for wedding expeance...My elder parent dependent on me. From her side she is only working memeber in her family and living on rental base flat....Please let me know above all the mention points are not enough prove to cruelty?? Even she admitted on phone ki "tu muje gharpe kam karne bula raha hai" that time I was requesting her to come back as my dad was hospitalised and was needed surgery.....brother, I really don't have any single penny as of now.....even I took some loan from my friends and reletives also.....Even if I opt for any legal process, I need to take money from others.....This girl is screwed me badly, melt my all dreams......I was loved her lot......she destroy completly.....Guide me proper way to fight....I want to come out of all these nonsense things.

(Guest)

Hello Sufferer,

Why Should I wait?

You should wait becz filing divorce before 1 year needs a very exceptional hardship like a danger of life and limb.But as per your facts and evidences it's a not an exceptional hardship except mental cruelities.So once you will file divorce on the read of sec 14 HMA prior to one year,the burden of proof will lies on you to show the exceptional hardship.So i have suggested you to wait for another 6 months.And then fire with all evidences which you have kept so far along with the coming evidences which you have to gather as you have got another 6 months more.

She did fake police complaint against me......and that date she was not at my home, I have her written SMS which she sent me few days back while she was going back her parent house...That sms was "I am go oneoing at my parent home no need to call me or talk to me" She and her office executive thranted me for alimony rupees, I have voice recording of that.

It's your smartness that you have done all these,keep that msg and voice safely in original media.Preapre the transcripttts for all of them.She has been trapped in her own consipiracy.Don't worry,let her to do some more mistakes in these 6 months so that your evidences will gain more weightage.

As i told you above,get her income details,her salary,her deposits,her education,her experiences.These all will help you in your maintenance cases.

If she is working,then don't pay any amount to her as maintenance,let her to approach first in court.

Why iam telling you------if you file divorce case now she will file mainetnace cases without any delay,even litigation expenses too.It will run as parallel with your divorce case.So,it not wise to file divorce case and give interim and litigation expenses to her.

And howto maintenance are calculated? I pay the home loan EMI which is half of my monthly income, I borrow the personal loan also for wedding expeance...My elder parent dependent on me. From her side she is only working memeber in her family and living on rental base flat....Please let me know above all the mention points are not enough prove to cruelty??

You have to show all the expenditures and liabilities during the time of her maintenance case filed by her and don't be late during that time,see court will not ask you to give proof of maintenance to minimize your burden,it's you and your lawyer has to be active in reducing the maintenance amount or waiving the maintenance amount by all suffice.

You have to show the final take home income after deducting all the expenses and liabilities borne by you.

The maintenance depends on:

1. Your social and financial status at that time when wife was residing with you.

2. Your education and qualifications and earning capacity these goes vice versa.

3. Your liabilities and expenses before and after marriage.

4. The tennure of marriage and child of wedlock if any.

so,in your case your marriage tennure is very short,no child,expenses and liabilities are more,wife is educated and earning then boss why you are worried---No maintenance should be given to her if your lawyer fights with all related judgements and citations related to your case.

Even she admitted on phone ki "tu muje gharpe kam karne bula raha hai" that time I was requesting her to come back as my dad was hospitalised and was needed surgery.....

I told you know all these you have to keep at safe custody by making multiple cds and transcriptts.All these are mental cruelities.Just go trough my thread where i have posted all the mental cruelities sc and hc judgements.

brother, I really don't have any single penny as of now.....even I took some loan from my friends and reletives also.....Even if I opt for any legal process, I need to take money from others.....This girl is screwed me badly, melt my all dreams......I was loved her lot......she destroy completly.....Guide me proper way to fight....I want to come out of all these nonsense things.

don't feel neglected and alone,your parents are their and we all LCI members are here to guide you.Don't take any loans for court cases as you will be bankrupted and come on road if loan strategy will be followed for marital cases.

Let her to fire first and mean while keep recording the evidences and take AB if her complaint has been turned into FIR.

see here you will have another plus point of her false complaints and cases once you will proceed for divorce after her initiatives.Which will become crystal clear once you will give facts and evidences on her false cases.And all false cases results to mental cruelity and divorce is 100% afterwards.

regrads,

A sufferer..

1 Like

(Guest)

Be advised, my approach towards your case will not be accepted by other lawyers.

My marriage has completed 6 months only; in these times my wife has created so many scam types of things…

She has file false police complain against me,

First thing what you should have done, taken that NCR certified copy from that police station, filed divorce based on mental cruelty.

When? At the completion of 1 year. Even if you file now immediately, which you can, by the time your case comes to first date of hearing you would have completed 1 year of marriage. Then withdraw the divorce petition filed in urgency, mentioning technical reasons, am sure the opposite party lawyer will raise an objection that you have filed divorce petition within one year of marriage and that the petition does not stand. That becomes a technical fault, then file a fresh divorce petition putting in following facts which you are talking about...

she has lived hardly 30-40 days with me…..she was very rude on phone and in her behavior.

1. I have some recorded phone calls….

2. She threatening me and told give me 10L Rs or I will file case on you, I have recorded that things….

I have flat my own name which I borrowed loan from bank and bought…..so, is there any chance to claim on my property

Property can be claimed only if you have become pauper cheeti.

ie, you are literally on the streets and when asked to pay maintenance you dont have any money but the said flat in your name, then court will look into how much is outstanding, based on that will ask police to break open door of such flat, and give possession of such flat to your wife.

as she and her family having no property and living on rental basis flat??……she live with her parent and she is the only earning member in her family. I have no proof except her office address, 1-2 office colleagues no , Old photo ID/Visiting card (Now her office has shifted in other area)

If she is capable of earning, burden of proof rests on you, show to court that she is well qualified, and earning, then you need not have to pay maintenance.

I am not capable to give any single penny in alimony or maintenance and why should I give if I am able than also….

I know that you are capable of paying money, but dont want to coz she gave false complaint against you in police station.

But however, you wil have to pay money if your wife is not capable of earning money.

I have my senior citizen parent and my dad recently face surgery where I was spent all my savings….So, currently I have no money in my account….I took personal loan as well from bank and my family friends.

Please advise me what should I do at this stage?

All explained above.

I have put all my efforts to convey her for mutual divorce but she didn’t turn out.....

Please suggest me some ground and strategy y to take things further….

(Guest)

Now, she is ready for meeting......

1 year must and should be completed even for MCD, then after 6 months you get freedom.

If not than what should I do now for my precaution as I don’t have faith on her?

Explained in my first reply.

If things are not working out in the meeting an she is not ready to co-operate than is this suggestible to file the case on mentally cruelty basis?

As I have mentoin in my query I don't wanna to give any maintenance or alimony as she is only looking for money, money and money...corrupted mind.

Its all about money honey. Few ways are there how not to pay money to corrupt wife, we'll discuss in PM.

Guru (Sales Manager) 17 August 2013

Dear Experts,

Thanks for replying...I have query, I have flat my own name and 2nd name of my senior citizen Mother...I borrow the Home loan from the bank...So, how much the chances of her to claim on my property? Is there any way to gift flat to my relative although is a loan flat and original agreement in bank, any other way where I can show took loan against my flat from my relative I mean is it possible to make any legal paper where I saw I have hock (Girvi) my flat to them?

If she is going for 498A than what are the roll of police before lodge the FIR here in Mumbai? Are they make an inquiry 1st to other party? Or they file the FIR smoothly. Here I want to inform you people that she made fake NC against me and, the same date she was not at my home and later on she admit in family meeting she was gave date by mistake and she requested to police change the date....She gave complaint like I beating her and demand to give her salary to me. I have Xerox copy of that NC which I took from the police under the table.

How’s the DV act work? If she is going for that which kind of problem she can create on me? Right now, is this suggestible to file NC against her and her so called colleague for threatening me and ask for alimony of 10L Rs and teach me law? This happened before 1 month. I have voice record for this conversation on road side along with so many noises around us......