Received Justice (Accounts) 20 October 2012

Divorce

I got merried in 2006. no good relations/understanding from day one. We were living seperately from 2006 onwards ,she threatening me & mine family for Police arrest & court case. We have 1 son , 5 years & due to her irresposible bevaviour, I sent him in hostel last month.

She is MSc, Bed, did not get job in Delhi & totally frustrated. Last week her mother & 2 uncle came & she left home. They threatned me for false dowary/ DV case. During our last reconciliatons I have taken the phone recording (video) in which she admitted that I am not asking any dowary from her.My querries are as follows :

1. As she will file case in Punjab, Which case she can file & which case i should file in Delhi?

2 If she file false dowery case, is that recording be justible prrof? I have not got any assets/money from them after marriage, then how can they prove for dowary demand?

3. My son 5 years studying in hostel. He is almost settled there as said by hostel warden. Can she take away son from hostel?

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3 Replies

Tajobsindia (Senior Partner ) 20 October 2012

1. If matrimonial harmony level have crossed respectable social stage then the first thing you should offer is mutual parting with some give and take as per once capacity to your wife long term survival called as Mutual Consent Divorce.
2. If above straight forward easy option is refused then there are so many women centric Laws difficult to tell where she starts and where she would end. For the same refer to last 300 posts in Family Law / Criminal Law Forum in LCI you will get fair share of ideas on most of them.
3. Donot tamper the recording and save it as it is in same media / same format. It is a valuable piece of Evidence as and when its usage needed one can submit for relief accordingly.
4. Since the child is already in Hostel I think only shared custody (visitation) during long holidays / PTM’s will be allotted to parties r/w since the child is 5 + years old as per Hindu Laws the child custody (permanent) will remain with natural father who has already shown sensibility to put the child in a hostel away from seeing daily parents fights. Give or take there is a contest on the cards on this previous sentence in-evitable. Refer to old posts you will get fair bit of idea on child custody / visitations for preparation point of view.
5. On your que. on what you can file; the first thing that you should do as and when she leaves matrimonial home is to file a GD police entry report with prayer to help you. Take its stamp / signed receiving and post true Copy to all concerned Public authorities related to Matrimonial affairs in Punjab as safety on account of information already given on counter blast expected from her.
6. Invest in retainership of a Lawyer by monthly payment basis if you see velocity developing in matrimonial stage that you are now. It pays in longer run.
7. If you cannot invest in retainership of a Lawyer then every Saturday Men’s Rights group under the name and style functioning - Save Indian Family conducts free victim meetings from 4-7 PM near Gate No. 2, Patiala House Court Complex. Attend such meetings as sharpen your legal skills free of cost.

That is all as in a reply and as and when situation dwells you can refer yourself first to older posts in LCI and if not answered then ask factual questions someone will attend to you.