All said and done, I have observed that the system rarely works on the basis of "merits ' of the case or logic.  Like I said in one of my posts earlier,  every soorpnakha is assumed a sita even if proved otherwise;  every ram is a ravana even if proved otherwise.

It is very difficult for men to get any justice out of the system.  

Even I heard the Chief Justice was saying in a forum that 498a is sometimes misused, whereas it is a common knowledge that this balatantly and rampantly being used as a tool to harrass men.  This one single legislation must have destroyed more families, marriages and lives than any other in India.  Not to talk of DV etal.  Even rape laws are rampantly misused.  don't the woman know what they are doing when enjoying for years together without marriage.  an adult is supposed to know what they are doing when sleeping around.  then they cry rape when it sours.  this is sh*** law

@ Vijay,

All said and done......!!

the above line mentioned by you reflects your negative character, you are cursing the whole Judiciary but not cursing the cause of it. If you realy want to change this Biased Law then Do join Men's Right movement and speak whatever inside your heart and what you feel for these biased Law.

Remember : Negativity in every second's is neither going to make your every minutes positive nor optimistic......So,change this thought and work for the things which you really want.

regards.

STRATEGY AND PLAN BEFORE GETTING INTO DIVORCE

Best Article On Mutual consent Divorce (MCD)

Love is divine but freedom is not define: "All sufferers in Marital Life"

It's All about to end the dead Marriage by mutual consent.

"Divorce is probably of nearly the same date as marriage. I believe, however, that marriage is some weeks the more ancient."
- Voltaire, French philosopher (1694-1778)

Let Voltaire's wit help us relax our facial muscles with a smile, a grin or a loud laugh (you pick) before we talk about a difficult issue.

Unless you live in the west, where at times divorce terms are laid down before the marriage is solemnised, no one plans for it. Nonetheless, cases of divorce are fast rising even in countries such as India, where marriage is considered a sacred alliance for life.

"There is a definite and alarming increase in the rate of divorce in India, especially in Mumbai, Delhi, Bangalore and Pune. In Delhi, less than five judges handled divorce cases in 2005. Now, more than 15 judges handle such cases. The courts looking after divorce matters are extremely burdened with work," says Osama Suhail, associate partner, ANZ Lawz, a New Delhi-based law firm.

What should be done if marriage counsellors too fail to convince the husband and wife to patch up? To start afresh, many choose to settle through a mutual-consent divorce.

"Many couples realise that mutual divorce is the best option. This makes divorce less stressful by saving time, effort and money. By avoiding long litigation, couples can move on with their lives just after six months of filing for divorce," says Siddhartha Shah of Siddhartha Shah & Associates, a Mumbai-based law firm which specialises in divorce.

Divorce, an unexpected milestone in a person's life, has a huge impact on the finances of those involved. "In mutual divorce, the husband and wife settle the financial separation aspects on terms that are acceptable to both. The mode and details of the settlement are in their own hands. A divorce settlement can include any or no asset and money. In the court, the partners just have to reaffirm the agreement," says Suhail.
 

Discuss Finances
 

Financial matters should not be muddled with the emotional aspects of separation . As a first step, even before discussing the financial aspects, understand your cash flow.

"Once you have decided to go for divorce, start preparing your household budget based on monthly income and expenses, including on child care and debt servicing," says Punit Gupta, regional business head (West), Fullerton Securities and Wealth Advisors.

"Knowing your expenses will help you start the process of reaching an amicable separation and clear your mind on what is the claim you want to make on your spouse for alimony and which assets you'll be able to maintain," says Gupta.

The next step is to sit across the table with your spouse and take account of all savings and assets.

"Before splitting your savings and assets, it is important to list them-be it house, car, retirement plans, life insurance policies, investments, cash, loans to others and household goods such as television and refrigerator," says Nitin Vyakaranam, founder and chief executive, ArthaYantra, a personal finance advisory company based in Hyderabad.

Then, jot down the market value of these assets and savings. To value your assets, you can seek help from a financial planner or a consultant. The division of assets and savings is based on the contribution made by each spouse if they fail to reach an agreement on how to divide them.

"Not just the assets, the liabilities should also be assessed. Existing loans should be looked at and decision taken on the basis of the contribution made by each. This is because a decision has to be taken if one person is willing to transfer the loan in his/her name or the asset is to be sold and earnings divided," says Vyakaranam of ArthaYantra.
 

Dividing Assets

Once you have listed the assets and liabilities along with their current worth , it is time to divide them. Though the law has provisions for husband's rights over the wife's property if he is unable to maintain himself, in India the husband is considered as the default breadwinner.

"One needs to see if the spouse is financially independent. If both are working, the husband might not have to pay for the wife's routine expenses. If the wife is not working, the husband might have to support her by paying a fixed sum periodically or making a one-time payment," says Sumit Vaid, founder, Ffreedom Financial Planners.

While dividing the assets, you must take into account the role played by each spouse. This is because one of you might be taking care of all the expenses while the other was contributing to the savings kitty.

"If the assets are skewed towards one partner, the same should be considered," says Vaid of Ffreedom Financial.

If the wife is not employed or does not earn enough to support self, she is entitled to alimony. This is true even when she earns but her income is not enough to support the same living standard as that of her husband.

"A wife, whether married or getting divorced, who is dependent on her husband is entitled to a maintenance amount. Her financial rights depend on the family's financial status and living standard, plus the husband's assets and liabilities," says Shah of Siddhartha Shah & Associates.

Child Care

Things become more complicated if the couple has children. For, in such a case, the priority of the settlement is to protect their interests. Irrespective of who gets the custody of children, both would ideally want to arrange for their welfare. Spouses can agree to a lumpsum payment or a staggered payment to the person who will get the custody of the child, either at different stages of his/her educational life or a monthly amount with incremental increase to factor in the rising cost of living.
 

"To secure the children's future, investments can be made in their name, and any/both parents can be the guardian. These will be transferred to the children after they attain adulthood," says Bimal Gandhi, chairman, Ameriprise India, a financial planning firm.

While planning for this, take into account the investments already made for children's education, health care and other expenses. If the parent who will take care of the children needs financial support, make sure the agreement mentions how the expenses will be shared.

"The partner who has to contribute to the children's expenses can do so through a lump-sum payout that can take care of all future expenses. Inflation, too, needs to be considered as education (and other) costs are going up at a very fast pace," says Vaid of Ffreedom Financial Planners.

A trust can also be set up. Trusts ensure distribution of income and assets according to the wishes of the settler (the parents). The assets are managed by the trustees for the benefit of the transferee (the children in this case) in accordance with the laid-down terms and conditions.

"In the event of a matrimonial discord, an irrevocable trust (a trust which exists until its mandate has been fulfilled) can be set up with the child as the beneficiary. The trustee can be a trustworthy law firm (or relatives) that can ensure that the benefits of the assets are passed on to the child," says Gandhi of Ameriprise.

Documentation

After arriving at an understanding on how to share assets, liabilities and parental responsibilities, put everything in black and white. You will have to inform the court about the settlement while applying for divorce.

"You will have to prepare a separation agreement, which will serve as the framework for the divorce settlement. It should tackle all important issues related to separation such as alimony, child custody and splitting of assets and debts. Ensure that it is drafted and worded in such a manner that it gives both partners fair and equal rights," says Gupta of Fullerton Securities and Wealth Advisors.

In case you decide to share any liability or asset in the future, the agreement should mention it in detail, preferably with remedies in case one partner does not honour the agreement.

Before arriving at the agreement on financial aspects of separation, you must start the groundwork by updating the records of all financial assets. Retain the bills of assets held in your name. Keep photocopies of bills of assets held jointly if you do not have the originals.

Gupta makes another important point. "Get access to your partner's tax returns for the last eight years (in case any bank transaction has occurred between the two of you). It will help you answer any tax query raised by the authorities later," he says.
 

Moving On

The matrimonial discord should not affect your financial future. You must take steps to repair the damage it may cause to your financial plan.

"If you had a plan prior to the divorce, there are chances that you already know how much money you have earned and how much you have spent. Rewrite the plan on the basis of this," says Nirmal Rewaria, senior vice president, Edelweiss Financial Planning.

In the wake of changed responsibilities and risk profile, it makes sense to redefine financial goals at this stage. "Review longterm goals as some of them will not be valid now," says Gupta.

"Don't miss the goals you are already working on. Don't let them go under the emotional baggage of separation," he says.

If you have to pay alimony or meet children's expenses, you should make these priority and start saving for them immediately. A good option would be to open a separate account and set up an automatic debit from your savings account. This will ensure you don't default on alimony or childcare payments, which can trigger legal action against you.

Also, don't forget to change the will, if you have one. And, if your spouse was the nominee in your insurance policies, savings accounts, provident fund, etc, apply for a change.

Staying Clean

Keeping your finances and books in order while being married can help you understand your monetary situation better as well as limit the damage in case there is a marital discord by keeping money out of the arguments.

"Couples should write shared household expenses together and discuss how each expense will be taken care of. Once there is an agreement, revisit the monthly budget periodically to ensure that all the bases remain covered," says Gandhi of Ameriprise India.

You can choose to have joint accounts for savings and investments or opt for individual savings and investments. Joint accounts offer the comfort of assets and money being accessible to your spouse without any hassle even in your absence. As a middle path, you can choose to have individual as well as joint savings accounts and assets.

"Many couples settle on a compromise where they share an account for basic joint expenses and maintain separate accounts for personal expenses. The basic idea is to work out something that both are comfortable with," says Rewaria.

Irrespective of the ownership of investments and bank accounts, it is important to have a transparent record of money spent on collective household expenses and invested in common assets.

"In case both work, it is advisable to take a joint loan while buying a home or a car. This helps in saving tax. This makes division also easier," says Vyakaranam.

All joint and individual debts should be kept separate so that an agreement can prevent creditors coming after the other partner in the event of separation. "This will help the couple achieve their collective as well as personal goals while retaining individual financial freedom. In the event of separation, both shall have lien on personal investments and can distribute the joint investments amicably or as per the pre-nuptial agreement, if any," says Gandhi.

All said, marriages are based on trust and mutual understanding. Communicate your fears and concerns to your spouse to avoid any misunderstanding at a later stage.
 

Financial advice given by Ameriprise India

courtsey: https://businesstoday.intoday.in/story/how-to-plan-your-finances-when-getting-a-divorce/1/192717.html

Dear Sufferer,

Words are not enough for your help. Thanks a lot and I am fortunate enough be to part of LawyersclubIndia and friends like you.

 Need Help...!!

@sufferer 

I want to know these rules are applicable if wife belong to SC (scheduled caste)  and husband belong to general catagory,  putting blame (false) that in-laws abuse them coz of being SC.   

An Excellent collection for the victim like us from @ Sufferer sir...

Many Thanks,

Best Regards,

Shankar.

@princy,

This HMA 1955 is applicable on all hindus irrespective of caste and creed unless some highlighted points comes for the considerations. Just go through the highlighted points.

And, for prevention of Atrocities there has been led down an Act commonly known as POA(prevention of Atrocities)1989

For details kindly go through this link- https://www.legalserviceindia.com/article/l440-Scheduled-Castes-and-Tribes-Act-.html

2. Application of Act.-

(1) This Act applies -

(a) to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samam,

(b) to any person who is a Buddhist, Jaina or Sikh by religion, and

(c) to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.

Explanation.-The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be:-

(a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion;

(b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged; and

(c) any person who is a convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion.

(2) Notwithstanding any thing contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled tribe within the meaning of clause (25) of article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs.

(3) The expression ‘Hindu’ in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section.

State Amendment

Pondicherry

In section 2, insert the following sub-section:—

“(2A) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry .”

[ Vide Regn. 7 of 1963, sec. 2 and Sch. (w.e.f. 1-10-1963).]

Comments

Applicability of the Act

The marriage between the members of Scheduled Tribes is not governed by the Hindu Marriage Act in the light of section 2(2). Rather their marriage would be governed only by their Santhal customs and usage. Dr. Surrajmani Stellee K ujur v. Durga Charan Hansdah , AIR 2001 SC 938.

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Dear Brother Sufferer ,

                      Help me on this , my wife had filed me many cases on cruelity again a false alligations on me.she had recorded all my  conversations on phone and having transcriptts of messages. Due to her continous mental torture i was mentally upset and this is a love marriage of 2 years relationship after marriage she started behaving worse listening to their parents and family and treated me like dog.at some point of saturation i threatened her to come back to matrimonial home to live with me that i will die without her and please come back as its mark of my love. Now she took it as an advantage made every where that this is a weapon for sucidal threat and need case to be filed on me with more money as maintanence and also they filed case on me on dowry etc what left in the law?

please advise me how to make or overcome her recorded conversations and transcriptt of messages she have with her?

thanks

sridhar

@sridhar,

1. She doesn't want to live with you that's why she is doing like this.

2. If you want to show the last chance and that also through court via civil mode then file RCR,but be ready for other fake cases like 498a,dva2005,bunch of maintenance cases.

3. You can't do much if one partner is adamant to live with you.

4. Better take MCD and move on as you have already shown your love but she is taking advantage of that.

5. Move on in life.......she was neither for love marriage nor arranged marriage. You have wasted your precious years.

6. It will be better to keep pets assuming your GF/Wife and shower maintenances and alimony on that faithful animal but not on your erring wife.

7. No court on this earth can compel any creature to live with anybody,this is the universal truth. So,try to understand this or you will repent later.

Good luck))

ESIS

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Well said brother its eye opener for me thanks.

Thanks for your extensive material on Dv cases.

My case is peculiar. Wife doesn't want to leave as she finds safe to live with me even when the marriage is on rocks. The threat to me is if she harms herself when i'm filing petition and informing about it to her. very tricky situation.

Is there any law to punish the wife if she files a false dowry harassment case or domestic violence case against husband and which gets proved to be false? Does the court put such women behind bars?

 Likewise i would like to know if do i have to pay any alimony to that lady who had lived with me only for 36 days after marriage? as i have filed for divorce on the grounds of mental cruelty from her and her parents? for info she is a software engineer working.

what is MCD case?

@ deepu,

place your facts on what grounds you want to take divorce and why ?

your wife feels safe with you then what does this mean and why you are annoyed with this? place full facts prior to get any answer.

@ roger,

1. There are many provisions to get punish your unscrupulous wife once her case comes on record as a false case and that was only made to harass you and extort you. To get knowledge about various sections through which you can punish your errand wife,just go through the below link:

https://www.lawyersclubindia.com/forum/A-well-said-strategy-to-fight-false-498a-DV-and-maintenanace-cases-84890.asp#.U-MnLaOX_Fw

2. A/t your statement as your wife is a software engineer then obviously she would be earning enough to maintain herself. The settled law is that "No maintainance to a working wife".

Visit:-  https://everysuffererisasaviour.blogspot.in/2014/02/list-of-more-than-100-judgements-where.html

3. If divorce is a contested one then there are less chances to be ordered of alimony by court to her due to her income and stability to earn and progress in future and equally she is matching your status with her income.

4. If MCD- Mutual consent Divorce, when taken as a consideration in your case then both parties decides together on alimony,child and any future issues and draft all points into MOU to submit at the time of first motion. Then, the magistrate will give 6 months of cooling period to rethink and come on second motion. Then final decree is alloted within a month after final nod from both couple to get separated.

Good luck))

ESIS

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