Divorce case-first hearing-advice required please!

In their counter for the petition you filed, they will certainly reply with all sorts of allegations against you, but they have to prove them.  Is there a counselling session in Coimbatore also, did she file any divorce related petition against you in Coimbatore?, if so appear through your POA or if the court permits, arrange for vedeo conference too.  Stick to your point till the end.

Hello Kalaiselvan Sir,

Thanks a lot for your response. Yes all there allegations are baseless. They are just trying to put false allegations exploiting the divorce law's loop holes that favors girls. They can never prove those. But to support my stands I have all the abusive emails she sent me, sms, bills of all the expenses we did since marriage etc. Tomorrow is the first hearing and I have given POA to my dad so he s appearing as I cannot travel every month from UAE. For counselling session I have also enrolled for video conferencing as suggested by you as well as my lawyer. They have now filed reply in Coimbatore. So what my lawyer suggested is, we should appoint another lawyer over there so we need not travel to CBE. Looks like for one case I should contest in two places (Chennai and cbe)

My clarification is, my marriage took place in chennai and registered in chennai.

1.So are they eligible to contest from coimbatore? Please confirm sir.

2.Are they not mandated to attend the hearing sessions in chennai family court? Please advice. Can they send some one as POA?

3. What will happen if they just raise a point in court saying I should appear? Will the court take back the POA I have filed. Please confirm.

4. Despite all the proof of her mental cruelty, is only the girl eligible to claim lumpsum compensation? Please confirm. Is there any way I can get justice? I am even ready to pay back the 1.5-2 lacs her dad spent for wedding. Still lacs of loss for me in just over an year only coz of this relship.

Please advice sir. Thanks a lot in advance.

Originally posted by : Anonymous!!!
	4. Despite all the proof of her mental cruelty, is only the girl eligible to claim lumpsum compensation? Please confirm. Is there any way I can get justice? I am even ready to pay back the 1.5-2 lacs her dad spent for wedding. Still lacs of loss for me in just over an year only coz of this relship. Please advice sir. Thanks a lot in advance.

Contested divorce takes years to get over with, you file divorce, she replies with RCR, she gets case transferred to her place make you travel frequently to court, in addition she will file maintenance cases, say 1 or 2 in different courts and again you will have to run around.

She might also file a 498a or DV and send you behind bars, approach HC, make you go absconding, get bail etc etc.

instead of all this, approach court for MCD, convince party, pay her what she wants and part ways, no use roaming to court halls, no use proving allegations which can never be proved.  All will be waste of precious time.  It might appear that paying money is not a wise decision, but thats the hot blood talking now, once you enter legal battle, there is no end till it is over.  So better go for MCD pay her lumpsum money and part ways.

Dont want to go for MCD, wishing you all the best for roaming to court halls.

Hi Mr.Helping Hand
,

Thanks a lot for your response. I perfectly understood what all you had said. Again in my case, I have filed the case first. As response they have filed a case with points like what you mentioned  DV etc(false allegations) and it has reached me. But my only concern is, eventhough girl has done all the mistakes, mental tortures, abuses, suicide threats etc, should always the husband go under all this scrutiny?

Is der no justice or neutral grounds for husbands to contest . Paying is not at all a problem. But point here is since marriage till this second have lost close to 30 lacs already as I had mentioned above. Now lost even my mental peace!

She was with me for just 30-40 days and tortured me , hit me etc in those days. I have filed the case in terms of mental cruelty only.

So if she is entitled to ask cash is there any limit dey can demand or they can ask how much ever they want? Please confirm. Thanks again.

Mainly can't a husband file a domestic violence? In my case it happened for real for me...is tat DV only for ladies? Please confirm. Expecting all these false allegations only I have filed the divorce before dey could. Even then f she files a DV am I prone for arrest? Please confirm.

Thanks in advance.

Hi..............

Originally posted by : Anonymous!!!
	Hi Mr.Helping Hand , But my only concern is, eventhough girl has done all the mistakes, mental tortures, abuses, suicide threats etc, should always the husband go under all this scrutiny? Yes.  That is the price of being born as an Indian.  You will have to suffer, your fate had already been written the day you were born in India as an Indian. Is der no justice or neutral grounds for husbands to contest . Justice?  It depends on your understanding of the term JUSTICE!  Do you think you getting divorce without paying a penny is justice or your wife filing false cases against you and you people getting punished without reason [read arrest, bail etc] as justice?  Parting ways with broken hearts and developing a attitude/habit of not being able to trust anyone can that be called as justice is delivered??? Think! Paying is not at all a problem. But point here is since marriage till this second have lost close to 30 lacs already as I had mentioned above. Now lost even my mental peace! You are alive!  Think about that.  Many a males are driven to suicide too due to harrassment at the hands of wicked wife and dangerous in-laws. She was with me for just 30-40 days and tortured me , . You get married and live for just a second with each other then too it is called married.  1 second or 1 year or 1 decade.  Once you tie the knot, you are married.   So if she is entitled to ask cash is there any limit dey can demand or they can ask how much ever they want? They can ask anything the Tajmahal at agra, The Red Fort at delhi anything, but it also depends on how much you can afford to pay.  When you say paying money is not an issue, then pay her and get rid of the headache. Please confirm. Thanks again.   Mainly can't a husband file a domestic violence? In my case it happened for real for me...is tat DV only for ladies? Please confirm. Expecting all these false allegations only I have filed the divorce before dey could. Even then f she files a DV am I prone for arrest? Please confirm. hit me etc in those days You should have hit back.  That is the only way you could have given her what she gave you.... If she files DV run for cover, dont stay with your parents, shift to a PG accomodation and then contact me for further advice.  Arrest may happen or may not happen depending on the case.  If you fail to appear in court then, first summons will be issued, no appear, then warrant, no appear..then NBW for which no bail can be obtained.     Thanks in advance.

@anonymous.... i feel that you have enough evidence to prove her cruelty.. dont worry.. dont hurry for divorce.. their demands will be huge....ready to fight the case..i agree with selvan sir.. not very happy with helping hand here..tell them politely that you enough evidence to prove yourself innocent...and their daughter cruelty...

even mcd is best option..... but it is being misused to extrort money from husband... so be calm.. ..

A sister..  i am not lawyer

Thanks a lot sister..yes I have enuf evidence to prove her cruelty (Emails, sms, expense bills since day 1 and so on)..Will remain calm..now der s a slight twist n my story!! sterday was the first hearing session..dey dint appear and my dad appeared for me as m n abroad..judge has now asked to resend the notice once again from court...(first time notice was sent by us now by court t seems)...expecting another hearing session sometime in Jan...

As I have explained above, as self defence they have parallely filed a Maintenance case in Coimbatore..for tat we have hearing on 21st of this month!! for tat m reqd to fix another lawyer as my dad cannot be travelling to cbe and chennai...In tat maintenance case notice oly they have demanded 75k per month...I have sent my salary break up to my lawyer, my commitments in the salary m getting and so on..also they have put n der notice dat they don have any property and dey r poor..but reality is in 3-4 grounds they have an own house in CBE main area! Son is in USA...dad is a ex govt college professor who gets pension alone over 40 k...also early this year she was working n bombay (so tat saving as well)...so highlighting all this we are planning to defend and avoid providing maintenance..keeping fingers crossed!! Also as suggested by u, will remain calm atleast for an year to see how the case takes twist...

If the settlement is nominal will consider providing it ...she was actually sending continous emails to me early this year saying tell me ur decision quickly, as m losing my age...i need to marry etc...once i took the decision and conveyed she started saying I wont give divorce lets see wat u can do! Hoping for the best ASAP

Thanks again sister and Mr. Helping hand for ur advice and tips....They are really guiding me properly in my personal life battle!!

these cases take so long.. its look like she just pretending not to give you divorse so that she can demand more money.. as said dont be in hurry..its girls who wants early marraige..if she is earning /capable of earning then you dont need to pay maintence but anyways if courts order for maintaainence.. you go to higher court..

maximum maintainece can be given is like 1/3 of salary after excluding your expenses.. or 1/10 of salary...you dont need to worry...keep on reading other post s you realy get motivated and guided..

even in my brother case.. she is filed maintence case which is other city.. your other lawyer can fight that case, your father dont need to visit all the time..but keep talking to lawyer to know status.. you dont need to submit your salary slip to court or even your lawyer if its not required , its her lawyer duty prove all that..

Fighting for my bother..

Thanks sister for ur prompt response ! ur tips are really helpful..wish ur brother is also out of his case ASAP!

Anonymous,

Very sad to hear your story!. This has been ongoing trend from my observation in last three years!. You know, I filed my case in 2011, and just got a first hearing date in Jan 2014. Thats how the court works.  I see a sign of my wife(wolf rightly to say) detoriating not able to stand the society and even her own parents now turning against her. She tries to speak to me in every court hearing and I show my back to her. So be patient for next two years if you want to save your 30 lakhs of hard earnt money.