Divorce

Please understand the issue from these perspectives:

1. She has filed RCR, which means that she is saying that you have withdrawn from her company without any rhyme and reason and you should be directed to stay with her.  This is a remedy asked against you, i.e. you as a person and not to stay in a particular home.

2. In HAMA 18, she is entitled for seperate residence and maintenance from you. Hence here too, she is not entitled to stay in a particular property.

However, if she would have sought remedy under Protection of Women from Domestic Violence Act, she would have been entitled to stay in the shared household.  In which circumstances, this act of your father may or may not have helped you. The court would have to look, whether the transfer is against consideration or without consideration. Whether the property has been foregone just to avoid residence orders and so on. Whether the transfer is done before/ after the filing of the case and so on. Also, whether you are willing to give an alternative residence or not.

Hence, there can not be any simple or straight answer to your query, unless there is a PWDVA threatened against you, this is a futile exercise. Also, forcible entry w.o court orders is a seperate thing altogether and your father should seek injunction against her from committing such deed. 

If you file divorce, alimony would depend upon many factors, the property in your name held previously would not be a factor in deciding alimony, but the proceeds you got from it would be a factor in deciding alimony.

Regards,

Hello,

I and my family are a victim of false 498A and DV. My brother's wife under her parent's guidance rather misguidance fought and left our house in march 2012. We tried for a divorce but she is asking a huge sum, unable to meet her demands she then filed 498a and DV in 2013. My dad committed suicide in 2014. My questions are :

1) I understand court cases take ages to resolve cases. My brother has already filed divorce case in family court.is there any rule that if husband and wife are staying away from each other for 3 years and if one spouse (here wife)is not signing divorce paper then the court may intervene and grant divorce(to husband)? 

2) My dad committed suicide and left a note stating that my brother's wife and her family members have harassed him to the core. is there any punishment for wife and her family. So far has any girl ever been imprisoned for the same? in 2012 more then 64000 married men have committed suicide but never got any case where the wife and her parents are arrested/sentenced?

I really want to see them suffer and hopefully behind the bars.

Please help.

Thanks.

Please immediately file FIR against her at your local PS by mentioning their jurisdiction and PS against her and her family members U/S -

306 IPC. Abetment of suicide.


383 IPC. Extortion.

406 IPC Criminal Breach of Trust.


506 IPC. Ciminal Intimidation.


34 IPC. Common Intention of Crime.

With all the documentary evidence like copy of suicide notes and others.

Also file Perjury in the same courts where 498a, DV is going on respectively.

Please take notes from my post in the following links bellow: -

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U4yhHXbYVdg

Truthseeker,

It would have been better if you had started a new thread, anyways to answer your queries:

1. There is no such rule of 3 years divorce. A new law is pending approval in Loksabha, which is called Irretrievable Breakdown of Marriage, which envisages such remedy but that is pending and no one knows in which form it would be passed.

2. I am sad about your father, but if there is a suicide note, please file a case, there are limited cases of conviction, but there are and also remember, there is always a first time for any thing.

Regards,

Hi,

We have already filed FIR, but they promptly got anticipatory bail so no arrest was made.

Yes we have already flasshed it in the media. both news channels and local newspaper. here's the link

Mumbai: CA commits SUICIDE over HARASSMENT by daughter in law-TV9

Now, there have been cases in the past where daughter's in law and her relatives have been convicted. Can anyone PLEASE send me links of such cases for references. Please help.

Whats the maximum punishment they can get.How can i make sure they cant make an escape.

Thanks for all your help,

Maximum Punishment 10 Years.

There are many judgments in this regard, search www.indiankanoon.org for 306 judgments. 

Regards,

Mr. truthseeker,

Can you please explain little details as follows: -

a) Whether investigation is done?

b) Final chargessheet has been given to the court?

c) what are the evidence has been shown by the IO?

c) whether trial has been started for IPC 306?