Divorce

Sir,

Don't think of going for divorce within not even one year from the date of marriage. Kindly try to come to an amicable settlement and that too a positive settlement for cohabitation. I have seen many in the past who used to speak about divorce on ground of the marriage having been broken down irrevocably, have managed to settle their disputes amicably and now are leading their life happily with children. So for as amount of maintenance is concerned, Court normally would not look into the fact as to how long the wife used to live with her husband. It is immaterial while deciding the amount of maintenance. So far as property acquired by your father is concerned, your wife can have charge in that property towards maintenance amount, if ordered by the court in absence of any income from your side to meet the amount of maintenance ordered to be be paid to your wife.

 

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Hi Singh...

 

Please give time for yourself and your wife and let the time give wisdom.

 

Do not be in a hurry to take any legal step.

 

Never file RCR if you want to live with her.

 

In any case, never take legal step first from your side.  It will always backfire on you.

 

Just pursue her to live together.

 

Let her take the first legal step and then you can respond.

 

 

Don't file any case set aside your ego and make a better atmosphere for reconcillation and to save your married life, there is nothing in making unnecessary litigations you will spoil your so many years in cases, therefore i suggest you take help of your elders or collect some respected relatives from both sides, middle man, common friends etc and arrange a meeting with them, convince her and your in laws and bring her back to your home and live happily, once you indulge in court and police cases then it will be difficult to re- unite, one may also loose love and respect both .

hi all

thanks for repling on my post, even i dont want to go into this legel battle however we have issues beyond repair. we have tried to resolve them with elders however no solution. frankly speaking i am not considering reuniting with her and was looking for a mutual or contested sepration (just in case they demand too much money). we are ready to pay a considrable amount just to fill in for the expenses they made on the wedding.

however my only concern is that i earn 65k PM and she also has a salary of 25k PM. can she still ask for a maint amount based on what my mother and father bought. these are residential properties with no income from them.

There is  no limit for women's greed. They can ask a share in your salary and also a share in your fathers property and also your grandfathers property.  Everything is permissable under law as she is woman and you cannot do anything. usually 498a, DV, 125 crpc are the woman's weapons to terrorize husband and his parents.

 

You need to find middleway of going for one shot alimony and get mutual divorce. Otherwise you will simply keep running to court for next 15 years without any result. Consult good criminal lawyer locally and strategize accordingly.

You cannot file divorce case till one year passes from the date of marriage.  Once you file S. 9 case, she will file S.24 (interim maintenance application) in that case.  In addition to this, if she gets irritated, may file other cases like domestic violence case for maintenance and residential rights and / or S.125 cr.p.c. case etc. If you can prove that she is earning Rs.25 thousand, there is less chance for her to get maintenance.  In respect of your parents properties and income coming out of that property, if you are not getting any revenue out of that, your wife in maintenance cases cannot get out of those properties, as they are their self acquired property.

Prabhakar(Advocate)

(M)9958670740

Legal Aid Panel-Central Delhi (Tis Hazari)

 

 Sir,
Don't worry. If you can prove that she has got sufficient source of income enough to maintain her life on her own, then Court would not in the ordinary circumstances, direct you to pay  any amount towards her maintenance. So you dont't worry about her claim against your parents' property.

 

Website :  https://www.jeevaganadvocate.com/

My e.mail id is : jeevaganadvocate@gmail.com  

My cell No. is  : +91  9842197855, 9842197857.

KINDLY MAIL ME  AND GET APPOINTMENT BEFORE SPEAKING TO ME ON PHONE FOR OBTAINING LEGAL ADVICE. 

Hi All,

thanks for the advice. I have one more question how shal we procede with the case shal we take the first legal step thats case under section 9 or let her move in first. Also where shal i procede with the case at my hometown her hometown or delhi. she and her family has a lot of connections with police officials and judges at her hometown and she has on many ocasions abbused me to dare conciquences. And used to tell me she will make sure that my life gets ruined. i am sure she is going to put false aligations against me in court which she wont be able to prove, in such a case will i get a fair trail if she files a case at her hometown. moreover is there any way where i can safegaurd myself from unnessary harasment of cops she is a friend of a DSP rank officer.

It is not clear in your query that after your separation, whether she is still living in Delhi or at her parental house.  Any how, you are at present entitled to file only one case, i.e., S.9 case.  It can be filed where marriage was solemnized, or where you both last resided together - appears to be Delhi or where she is presently residing.  She can file Domestic violence case from the place, where she is living at the time of filing the petition or S.9 case or S.498-A case or S.125 cr.p.c. maintenance case.  If she is living at her parental house, she can file all these cases from that place.  If she files S.498-A case, then after mediation before the concerned police, if parties do not reach to amicable settllement,  you have to take anticipatory bail.  In DV case or in other cases, you need not take any bail.

Prabhakar - Advocate

(M)9958670740

Legal Aid Panelist - Central Delhi (Tis Hazari).

Originally posted by : t singh
	Hi All, thanks for the advice. I have one more question how shal we procede with the case shal we take the first legal step thats case under section 9 or let her move in first. Also where shal i procede with the case at my hometown her hometown or delhi. she and her family has a lot of connections with police officials and judges at her hometown and she has on many ocasions abbused me to dare conciquences. And used to tell me she will make sure that my life gets ruined. i am sure she is going to put false aligations against me in court which she wont be able to prove, in such a case will i get a fair trail if she files a case at her hometown. moreover is there any way where i can safegaurd myself from unnessary harasment of cops she is a friend of a DSP rank officer.

Dekh laale, pehla kadam tu bada ya woh badaye, pehle gala katega tera.  So no use worrying about first step.

 

Women have 498a, DV, 125 crpc, Interim alimony, 24 hma etc etc

but for MALE, only one weapon, divorce ! 

@gayan Prakash It seems getting married itself is a crime in india..... anyhow i dont mind fighting the cases as i know she wont be able to prove anything... my only concen is to analyse what is the extent of harrasment i would have to go thorugh.... i am ready to pay if the demand is justified amount or else i am ready to put up a fight....

Originally posted by : t singh
	@gayan Prakash It seems getting married itself is a crime in india..... anyhow i dont mind fighting the cases as i know she wont be able to prove anything... my only concen is to analyse what is the extent of harrasment i would have to go thorugh.... i am ready to pay if the demand is justified amount or else i am ready to put up a fight....

 

 

Marrying is not a crime, but marrying and not giving its due is a crime which will make you involved in legal battle even if you dont do anything wrong.  Its a very intersting mixture of qualities, pyar bhi karna, zor bhi karna, gale bhi lagna, chaanta bhi maarna, khaana bhi khilaana, bhooke bhi sona, sab keliye ready rehna, thats is marriage.  If your partner is not giving all this to you, better find someone else and be cool, no use roaming to court, you married, and you find that your partner is misfit and you let someone else take decision about that partner should be there in your life or not?  Is it not injustice?  First things first never put yourself in such situation where someone else decides your fate (JUDGE/BARISTER ETC) just go for MCD and finish off matter wtihout much delay.