Help in matrimonial dispute, divorce, alimony

Can someone help :

1: As Maintanance case file in July 2011 and pending since then even they have not pursued the case . The case got closed , they reopened it recently .

2:My restitution of congugal rights is pending from July 2010 .

They are asking 15 L for mutual concent divorse .and also threating to file more case now after 3 years . 

What should I do ? If they go for false 498A ,DV, would there be any positive for us as this is after 3 years .

 

Please reply .

Thanks in Advance .

Hi Sanjeev,

 

1. Good call on the RCR.

2. Follow up with the maintanance case and see how that is going? Does your wife work? Please collect all evidences of such. Don't ignore maintance case. 

3. Wife cannot claim your parents property. However, she might get Right to residence in your property that is on ur name and might get 50% of it. But since your marriage is been for such a short time. Judge might not consider it. Doesn't matter if you got the house on loan. She will have a right to live there and you still have to keep paying the loan. Best suggestion is to make sure that there is no property on your name. Transfer it to your parents name.

4. Go to sessions court and get a blanket bail for 498a for all your family members. This will definitely when the police come for you. 

5. Please look up a local Save Indian Family Foundation in your city immideatly (https://www.saveindianfamily.org/contact-us/) They will be able to give you proper guidance and support.

6. Don;t reval your evidences.

7. Keep in good contact with the mahila PS.

Hi Slinger,

Thanks for your response . 

1:What should I do with my RCR now as few people suggesting me to withdraw and file dissolution of marriage of divorce.

2: Yes my wife is working and well educated . Till now they have not went in any hearing since last 3 years . Now they are staring pursuing again . What should my step on that ?

3: I have tried for 3 years through emails and parents but she is not returing .As you mentioned that she may get 50% of it . Can you tell me if I buy some property now after 3 years of seperation for X amount and on 100% loan of X amount with join name of my mother as first owner and me as joint onwer . What would be the scenario while divorce ? Can she claim that as well . if yes what would the the solution if I need to buy the property .?

4:Can I get get blanket bail in UP session court in lucknw. Please confirm.

Thanks .

Hi Slinger,

Thanks for your response . 

1:What should I do with my RCR now as few people suggesting me to withdraw and file dissolution of marriage of divorce.

2: Yes my wife is working and well educated . Till now they have not went in any hearing since last 3 years . Now they are staring pursuing again . What should my step on that ?

3: I have tried for 3 years through emails and parents but she is not returing .As you mentioned that she may get 50% of it . Can you tell me if I buy some property now after 3 years of seperation for X amount and on 100% loan of X amount with join name of my mother as first owner and me as joint onwer . What would be the scenario while divorce ? Can she claim that as well . if yes what would the the solution if I need to buy the property .?

4:Can I get get blanket bail in UP session court in lucknw. Please confirm.

Thanks .

Sanjeev, I think you have been misguided by people around you and seems to be frightened about the developments unnecessarily.The answers to yourquestions:

1:What should I do with my RCR now as few people suggesting me to withdraw and file dissolution of marriage of divorce. 

Somebody has advised you a good thing, it is high time you withdraw the RCR and apply for divorce, because there is no use fighting a lone battle.

2: Yes my wife is working and well educated . Till now they have not went in any hearing since last 3 years . Now they are staring pursuing again . What should my step on that ?

If your wife is educated and employed with handsome salary, prove it before the court where the maintenance case is coming up for hearing, her petition will stand dismissed

3: I have tried for 3 years through emails and parents but she is not returing .As you mentioned that she may get 50% of it . Can you tell me if I buy some property now after 3 years of seperation for X amount and on 100% loan of X amount with join name of my mother as first owner and me as joint onwer . What would be the scenario while divorce ? Can she claim that as well . if yes what would the the solution if I need to buy the property .?

Once you have already approached the court for intervention in your marital dispute, what made you to make correspondences with her through mail and personal contacts/contacts through relatives etc., you should curb such practice because it will prove fatal to your own case.  No law in the present situation entitles her for any share in your property except if she has been refused maintenance despite being ordered by the court, then she may have a right to enter into the house where you reside provided you do not arrange or a rental amount or any maintenance amount for her living and if she is unemployed.

4:Can I get get blanket bail in UP session court in lucknw. Please confirm.

What do you mean by blanket bail or bed sheet bail.  If there is any FIR pending against you, you may seek for AB, and in UP there is no AB facility hence you may approach for Not to Arrest order.

Finally, do not get misguided and venture into any hasty decisions.

there is no law which says she will get 50% of the property as of now.

She will be entitled to alimony/maintenance.  Alimony will be decided on the basis of your earnings/assets/liabilities.

Thanks  Kalaiselvan for your answers,

1: Can you suggest which typreof lawer is best in this scenario as divorce and maintanance is CIVIL court but when i will file divorce then she will start with common trend like 498A and DV and other cases. SO should I go for criminal lawyer? Please suggest .

2: Also as they may go for these cases after 3 years would this make their claim for 498A and DV weak ? I mean to ask how court and police will react in this scenario?

3: I live in Ghaziabad and base home location is lucknow . There parents live in Lucknow and she is working in delhi . Which would be the best location to file divorce. What would be required to prove desertion.

Please suggest .

Well advised by Mr. Kalaiselvan , pl. follow it , don't communicate with her and not give her a single penny in the name of settlement to get mcd , file divorce petition in the family court on the ground of mental cruelty , you can file divorce even 498a is pending in the court, you can file divorce case in the ghaziabad if you both last resides there otherwise from the place where your marriage was solemnised , obtain not to arrest order from UP high court allahabad , if the lawyer or your in -laws are threatening you to drag you in dv case, record the threat and then report to the SP police of their threat .

You should engage a prudent lawyer and file a divorce case on the grounds of cruelty and desertion,do not  worry about the other developments, let she file any false case against you, you may go ahead contesting all the cases with the available evidences in your possession, your lawyer will take care of all other things too.  You can file a case from your residential jurisdiction itself.

Thanks Kalaiselvan and Laxmi ji,

We both last resided in GZB . But I know they will file every case in lucknow(Even if my wife is in Delhi) . So should I need to find a criminal lawyer in Lucknow to contest 498A or DV etc(Right now no case is here in lko except maintanance). and family lawyer in GZB  for divorce case.

Also she hited my Mother before the day of leaving the house . After that my Mother got minor hearth attack and admitted to hospital . Then with lot of stress she got under depression which casue ITP (low platelates for life time)  desease . Can I include any case from my mother side or should I include in my divorce case only?

Can someone suggest me a good lawyer as well.

Sanjeev

Hi Sanjeev,

While I agree with Mr. Kalaiselvan to a great extent and he has given you excellent information. However, there are few points which I will differ from Mr Kalaiselvan. Legally, he is 100% correct, however, we have to remember that doesn't mean the judge will interpret the law exactly as written in the books. There are numerous laws, which only look good in books, but when it comes to the judge, its all based on who he likes more. If he is an ardent feminist, you are probably done for.

1. RCR: Most will tell you that is a useless provision of the law. Its just on paper and will only help when you file for divorce to show the judge that you tried everything. So, if you are in a hurry to get married, then definitely retract the RCR and apply for divorce. However, please don't be under the assumption that once you have been divorced, you will not be charged with Dowry laws.

2. As per maintenance, you never mentioned if you have kids. If yes, then judge might grant her maintenance. However, judges have known to pass interim maintenance without even looking at the facts. This has happened to few people I know. 

3. As per property, she might get 50% of the property in your name only under permanent alimony or equivalent value. Case and point, recent judgement of HC against Adnan Sami and in favour of his ex-wife, giving her 2 of his flats. If you want to avoid the long complicated divorce, transfer the property from your name to one of your brother, sister, mother or father, as long as you trust them. Since Marriage Amendment Act (IrBM) has not been passed in Lok Sabha yet, your ancestral property is safe...for now.

4. I am not sure if you can get blanket bail in UP or not but here is blog which will help you further explore the options of getting a bail even before any case is filed on you.  https://ipc498a.wordpress.com/2009/07/26/sc-explains-anticipatory-bail-2009/ This will be prove to fruitful if your vengeful wife decides that she is not contented with just a maintenance case and wants to further punish you with cases like 498a. 

Having said the above, I would like to re-iterate that every case is unique even if the elements are exactly the same. The best you can do is educate yourself by attending SIF meetings in your local area, talk to other who are in similar situations like yourself, and then proceed from there on. Do you research and get your self a good lawyer. having a good lawyer goes a long way. All the best