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sunjaysunath (Manager)     06 August 2014

Help needed in 498a & divorce case

Dear Experts,

I will brief you all regarding my tragedy

After 20 days of marriage my wife left my home and never came back after many rounds of talk with her and her parents too. It was arranged marriage and after 6 months (on Diwali 03-Nov-2013) suddenly she filed many cases against me and my family, which are;

1.       498a (7 members of my family including my widow sister and aged parents )

2.       CrPC 125

3.       DV Act 2005

4.       406 - Claiming Sridhan

5.       Property Claim on my ancestral property and self-purchased flat before marriage in Thane, Mumbai.

These cases were filed in a sequence as I mentioned above. Me and my family gone through all the rubbish police and court procedures during Diwali festival.

After these all cases I tried to settle the matter by talking to her and save the marriage but not succeeded. So I decided to contest all the cases because all the allegations were wrong and I have full evidences against all her allegations.

I never took dowry during my marriage and personally I am against the dowry. Her father didn’t gave any Sridhan to her, all the gold ornaments was made by me and my family only.

After 2-3 months her father was continuously calling for settlement and asking for 6 lakh and finally it was settled on 2.5 lakhs and from that I paid first instalment of 1 lakh rupees to her on 09-Feb-14. Meanwhile I was present with all family members for 2 to 3 court dates for respective cases. Second 1.5 lakh instalment is payable on last date of divorce as per notary agreement.

Now all she withdrawn all the cases against me and my family (02-Aug-14). We were filled joint application for MCD divorce on 16-Jun-14 and honourable family court gave us 17-dec-14 as final date for divorce as per procedure.

I seek advice regarding:

1.       As she tortured to me and my family by filing all false cases, I want her to go through the same pain.

2.       What happen if I’ll refuse to go to the final date of divorce (17-Dec-14). Ultimately my aim is to minimise the settlement amount. I can’t afford this much amount to pay her for only 20 days marriage  as I am already had many loans and my salary is not enough to pay home loan EMI & this extra amount as well as I had personal loan which I took for my marriage.

3.       What will be next date if I will be absent for second motion of divorce (17-Dec-14). Is it dismissed or court will give another date for the same.

4.       Is there any possibility from her side to reopen all the cases against me and my family as my MCD is under progress ?

5.       Is there any way to minimise this settlement amount?

6.       This is also true that I want to get rid of this devil but want to save my sweat earning money.

Please guide me;

Regards,

Sunjay Sunath



Learning

 3 Replies

Laxmi Kant Joshi (Advocate )     06 August 2014

You have done the mistake by paying 1 lakh to her , nothing should be given to such lady , you had to choose the contested divorce , as her father was trying to settlement that time you had to refuse it and keep him under pressure as he was trying to remarry his daughter , you had to utilize that situation and made negotiation with him and didn't paid a single penny to him or paid a minimum amount , anyhow it will be better to you to join your second motion, pay her and get rid from her , now you can not minimize the amount as you had mentioned it in your mou , if you had written in your mou that after mcd no-one of us will file any civil or criminal case on each other , then she will be restrained to reopen or file new cases against you , she has no right to claim any share in your ancestral as well as in your self earned properties .

sunjaysunath (Manager)     06 August 2014

Thanks Joshi Sir , मुझे यह जानकारी चाहिए थी के अगर मै सेकंड मोशन डाइवोर्स की तारीख को गैरहाजिर रहा तो क्या क्या हो सकता है । all possibilities. Because her father is in hurry to get divorce at the earliest so that she will remarry again as her age is increasing. So on that basis I am thinking that if I denied to give divorce he may minimize the remaining amount. Awaiting your valuable suggestions. Regards Sunjay sunath

Laxmi Kant Joshi (Advocate )     06 August 2014

these points you have to think first before agreeing for mcd , these are the points which should be kept in the mind and the strategy should be made to minimize the alimony , if you will not attend your second motion then the judge will give you another date .

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