kush (engr) 02 June 2012

Contested dovorce

Sir, One year of my marriage is going to be over in next one month. As there was serious differences between us hence I want to take divorce. Already with girl's side one round of discussion is over and in that they also told that they want divorce and they asked for 20 Lakh money. In this discussion we just listened and came back.Girl is working in top software company in india. We have given the girl about 8 lakh worth of jewellery. Later on when we called her father and told that return the jewellery that we have given to her then he refused and told that "jaisa chal raha hai waisa he chalnay dijiyeh and what ever you want to do you do and what ever i want to do i will do".After that he cut the phone. I want to bring some of the points in everyone's notice 1) Girl's father is in top post at a government office and is fully submersed in corruption, even he has gold bars in his house. 2) During the first round of discussion ladies of their house made big hungamma outside my house and tried to defame me. I know that one way is to give them the money and forget about jewellery and get mutual consent divorce. But we are apprenhensive that if we agree to this then tomorrow they should not further increase the amount. I want to know follwoing things: 1)Can we try to talk to them after the phone incident and tell them to come for discussion? 2) Can i file RTI on him and her relatives. So far they have not filed any case on me and my family. 3) Any other strategy can you suggest, so that they should come to reasonable amount. 4) I live in Bhopal and she lives in Hyderabad. Can I file a contested divorce after completion of 1 year. I think they may try to transfer the case to hyderabad. I want to know how much time it takes in Supreme Court for the case to get transferred from one state to other and how much expenditure girl side has to bear? Regards, Kush

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Divya Jyoti Jaipuriar (Advocate/ 09868002365) 02 June 2012

Dear Kush In your case, you can always approach the mediation cell in your city or in Hyderabad and ask your wife to come forward to mediation and conciliation. You can also ask common friends and family members to mediate and resolve the issues. In such case, I would suggest to go ahead with an open mind and without any prejudice. On the issue of filing RTI, what purpose will it serve? By filing RTI application, you will only be able to get such information which your father in law has supplied to the government department. No Public Authority will create information for you. It will only provide you information which is already available with the Public Authority. In case, you want to expose the corruption and corrupt practices of your father in law, you have to file a formal complaint to the parent department and/or to police with all relevant documents and evidences in support of your complaint. The onus to prove that he is involved in corrupt practices is on the complainant. Once there is prima facie case against him, action can be initiated against him. Filing an application under RTI Act is of no consequence, unless you want to collect some information to support your complaint. Next, it is good for you that they have not filed any case against you so far. Your wife can file any case against you at any point of time. This may also indicate that she and her family members might be open to discussions. You can always file a divorce petition in your city. When she wants the case to be transferred to Hyderabad, she would require to move to Supreme Court. Supreme Court will first issue notice to you and when the notice is served on you (and even if you do not appear), the Court can decide on the issue of transfer of case. Usually, the Supreme Court is sympathetic towards women while transferring the cases of matrimonial disputes, but there are exceptions as well. Please also note that when the transfer application is filed, and if the petitioner also files application for stay of proceedings of the case, the Court may also grant stay while issuing notice to the other party. The cost of such case depends on the lawyers so engaged by the party. On the issue of filing of the divorce petition, you can file it even after the lapse of one year, but there are very limited grounds available to you. One such ground is "Cruelty". Desertion by the spouse is also a ground, but such desertion must be of more than two years. Other options available to you are to file application for RCR or judicial separation. Divya Jyoti Jaipuriar www.jaipuriar.com