Cases after 498a

After Helping Hand’s advice which is very valuable.

Just my 2 cents.

You got married in 2010 and now we are end of 2014. 4 years of your precious time has passed away.

By this time your Parents should have been playing with Grand kids.

Bargain as much as you can and remember to draft terms and conditions in MCD properly and you will be free in 6 months as mentioned by Helping Hand.

With BTech degree you are earning 1.5 Lakhs per month gives me an idea that your are a Manager in a software company. So you should have good Management skills, Negotiation skills. Apply this and close the deal.

She getting married again is not your problem.

You will be stress and tension free and all your Family Members BP will become normal. Then find a suitable partner and get married. Good Luck!!!

@ queriest -

You need not answer this question if it is too personal in your view.

May i know what is the difference of opinion which arose between you two ?. From your query it seems that you are a more than enough earning person , qualified, educated and even she is highly qualified and both are financially fit. I am not saying that most of the couple who go for divorce suffer from lack of educational qualification or financial incapability and these are the main reasons for divorce. But i am eager to know. 

thanx 

@queriest

As Helping Hand adviced, you can buy peace of mind for you and your parents by just agreeing for the one time settlement and going for MCD. If you loom back already 4 years have passed by for just staying 31 days. Think if it is worth it? Finish of the cases and loom out for some one who is compatible for you. 

Good Luck.

1. Be bold and brave and do not give in into such demands so that she will withdraw 498-A case as this was a counterblast after you had filed R.C.R.

2. Keep the R.C.R. proceedings going on. I assume she must have not appeared for such proceedings. Try and get an ex-partee  R.C.R. decree. Execute the decree on her. If she does not cohabit with your for one year and above then you can file petition for dissolution of marriage u/s 13 (1-A)(ii) of H.m.Act, 1955.  If she is an able bodied and educated women and capable of getting gainful employment she would not be entitled to claim any alimony. You can execute such R.C.R. decree u/Order 21 Rule 32 of Civil Procedure Code, 1908 and can have attachment on her property. 

3. The question of her filing complaint u/s 125 Cr.P.C. will not survive since she has deserted you on her own account and being capable to get gainful employment her complaint can be contested.

4. As for the anticipation of her filing D.V. case it is preposterous and will be difficult for her to sustain her allegations.

5. You have already filed for discharge in the case of 498-a I.P.C. This discharge application can survive.  You can also file special leave petition u/s 482 of Cr.P.C. before the H.C. to have such 498-A I.P.C. F.I.R. quashed. This too will survive if  advocated by brilliant advocate.

6. You can withdraw your R.C.R. petition since you say she is unfit for marriage and instead file petition for annulment of marriage u/s 12 (1)(a) ( voidable marriage) of H.M.Act, on the merits of the grounds of non consummation of marriage and in that event she would not  be entitled to claim any interim maintenance as she is able bodied, educated and can seek gainful employment and as well also not entitled for alimony.

7. Her father being an ex-M.L.A. should not pose any threat to you.

8. Feel confident and look up with your chin up and let not any force or undue influence or the security of your mother and sister deter you from giving her tough contest.

9. If need be for further discussion and consultation get my contact details by clicking my name shown in the L.H.S margin of this reply format. Moderate remuneration would be expected if you seek such private consultation.

Thanks everyone for giving your valuable suggestions and to answer to the question of cyber lawyer, i could not tolerate that she did not allow me to approach her during 6 days honeymoon in kerala and it broke when when she wanted me to stay under her uncles house who manhandled me later with some goons.