vikassharma 30 March 2015

Precautions and preparations for divorce

Hi, I got married 2.5 years back and have one kid. My marriage had lots of ups and downs and the main reasons are - my wife's temperament, abusive and completely foul language, unhygienic living habits and taking no responsibility as mother or wife. Sometime our verbal arguments go out of hand and situation is explosive. She and her father have constantly threatened me with abusive language and say that "we will destroy you", "we will file police complaint" etc etc. As of now my wife is living with her family.

After a lot of thinking I have decided to come out of this relationship. When I discussed the matter with my father in law he straight away denied and said that he won't let me go so easily. I have few questions :

1. What precautions should I take so that I can safeguard myself and my family in case they approach police with false case .

2. I don't 'have any evidence so what should I do before filing for a divorce case. Do I need evidence in physical form ?

3. Can they approach police to register an FIR after I apply for divorce in court?

4. What should I do to minimize the amount of maintenance (lumpsum or monthly).

Thanks.

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5 Replies

reunion2 30 March 2015

I am also in the same situation. Unhappy married last 3 year. Initially toutcher was wit myself and friends but now it started with old parents. No Happy so no kids.

Senthil kumar (Recruitment) 30 March 2015

Hi Friend,

I suffered 2 yrs before like you, but i did one thing, i sent a notice to commissioner that there is an intimadation of false dowry harrasmment.

as expected they went for it on one fine day, police summoned me, but i went and submitted the notice..then they realised it is false .

Make everyting as a document, mail to your wife and father in law explaining the criticality and ask for how to go ahead further..this dmail conversations can be used as a proof later,this is what i also did.

even if they go for false 498a , the rules of arrest is no longer valid,consult with a lawyer.

SAINATH DEVALLA (LEGAL CONSULTANT) 30 March 2015

Don't live with fear complex, 498A and DV are common weapons in the hands of women to torture their husband's entire family. Wait and see the outcome.Engage a good lawyer

dr.pawan rajyan (member and secretory) 31 March 2015

First attack is best defence.try amicable settlement if not feasible then send a written complaint to sp dgp that fil is threatning to implicate in false dowry demand case. Collect some proffs of wife cruelty ,abuses etc before filing divorce. Contested divorce is not easy . Maintainance is decided on your and her education earnings etc etc.

T. Kalaiselvan, Advocate (Advocate) 03 April 2015

1. What precautions should I take so that I can safeguard myself and my family in case they approach police with false case .

You cannot take any precaution anticipating her complaint with police except taking anticipatory bail after she lodges a complaint against you.

2. I don't 'have any evidence so what should I do before filing for a divorce case. Do I need evidence in physical form ?

You dont require evidence in physical form to prove your allegations, you can add the cruelties meted out by her in the pleadings chronologically and the grievances and humiliations you suffered while together.

3. Can they approach police to register an FIR after I apply for divorce in court?

They can very well approach, it is their will and wish, you cannot object to it, you can defend after they have approached police with the help of your advocate.

4. What should I do to minimize the amount of maintenance (lumpsum or monthly).

Are you worried about the maintenance amount now itself when they dont have an iota of such claim so far? You just wait and watch what they claim and how they show your source of income and then decide about it at that time.