Vidyadhar1 (clerk) 26 June 2011

Divorce after 2 years of sepration..Please guide me

Hello All,

My wife stayed with me just for 4 months (Got married in January 2009) and because of her attitude and stubborn ness quarreled a lot and left my home after a big fight. After that our elders arranged for compromise meetings which did not yield any results and we fought even more on those compromise meetings. Since then, I have compeleted 2 years of sepration from my wife and would like to apply for divorce.

I have couple of questions for all the lawyers / Advocates and members of this forum. I will be greatful to you all if you guide on how to go about the process and get rid of my wife.

1: When I apply for Divorce on the grounds of Desertion, can my wife file for Dowry case even though its been more than 2 years that she left my house.

2: As she is working and is a post graduate, do I need to pay her any maintenance amount (We dont have a kid).

3: If she files for dowry case then do police arrest all the members of the family(including my sisters who are married). Please note that we did not take even 1 rupee in dowry as her parents are very poor.

4: Will I loose my Government job if she files Dowry case?

5: Can I apply for Anticipatory bail for all my family members to ensure police do not arrest my family when they come for arrest.

6: How much would a anticipatory bail cost (Already facing financial problems so need to plan for AB now itself ).

7: I have a house on my mothers name, can my wife claim share in this property?

8: I earn decently, can she demand a very huge maintenance amount because of my salary?

I know I have asked a lot of questions but please answer all my doubts as I am unable to concentrate on anything else other than these doubts. Also, please do not offer mutual divorce as an option as I know she wont give me mutual divorce.

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7 Replies

adv. rajeev ( rajoo ) (practicing advocate) 26 June 2011

You can file adivorce petition on the ground of desertion.

When she is not residing with you since 2 years, que4stion of initiating any proceedings against you on the grounds what have asked wont arise.

She can file a false cases against you, but you to prove that there is no any relatiionship between you and your wife.

If she filed dowry case you can take aniticipatory bail.

To avoid and to defend if any case is filed agianst you, it is better to file divorce petition immediately.

Rahul T (Engineer) 26 June 2011

Sir,

As you have mentioned, “Please note that we did not take even 1 rupee in dowry as her parents are very poor.” Therefore, if she files any false case, then you also can file some more counter cases against her. I don’t know, how much I am correct, gurus only can justify that. Take benefit of her poverty & make her to take MCD without any money…

But friend be cautious, you should take anticipatory bail. They can not go beyond 498A. Which is easy to file & that much Tough to prove….Try to collect more evidence as you can….Best of Luck…

Vidyadhar1 (clerk) 27 June 2011

Thanks a lot Adv. Rajeev Ji. How can i prove that its been two years that we are living seprately. I have couple of telephonic recordings can i submit them to the court which will prove that she left my house 2 years back. Apart from recordings although there is no date or time mentioned in those recordings, how will I be able to prove the 2 years sepration. Also, "She can file a false cases against you, but you to prove that there is no any relatiionship between you and your wife". She will file the case in Police station and police will immediately come to arrest us. She has to only prove her dowry harrasment case in court but by that time my family would have had to spend some time in police custody na...for a girl like her, she will get her revenge by seeing us in jail and will not matter to her if she cannot submit any proof in court about dowry harassment.

Please answer my other questions too

1: As she is working and is a post graduate, do I need to pay her any maintenance amount (We dont have a kid).

2: If she files for dowry case then do police arrest all the members of the family(including my sisters who are married). Please note that we did not take even 1 rupee in dowry as her parents are very poor.

3: Will I loose my Government job if she files Dowry case?

4: Can I apply for Anticipatory bail for all my family members to ensure police do not arrest my family when they come for arrest.

5: How much would a anticipatory bail cost (Already facing financial problems so need to plan for AB now itself ).

6: I have a house on my mothers name, can my wife claim share in this property?

7: I earn decently, can she demand a very huge maintenance amount because of my salary?

Thanks a lot.