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Law_Learner (Asst. Mgr.)     08 December 2014

Mutual divorce - money demand

Hi all,

request your opinion :

1. Marriage is 8 months old

2. Girl misbehaved with everyone at home; MIL, FIL, BIL and myself. I took her to her material home and she is staying there since July 2014. Her parents put a lot of pressure to take the girl back but i didnt. 

2. False FIR under section 323/341 filed in October against me.

3.  Today my FIL called and asked to take the girl back. Give them a chance. It will ruin girl's life.

4. I told that i didnt have any trust on my wife and them earlier and things have woresened after false FIR.

5. He finally agreed for mutual divorce and asked me to meet. I told him that i will meet him March, a month earlier before 1 year of completion of marriage. He asked for money. No discussion on exact amount yet.

My Questions

1. I recorded the conversation. Should I go to police and give them the recording with transcriptt and ask them to quash the FIR and lodge an FIR against my inlaws;

2. FIL told that mutual divorce can be filed before 1 year of marriage but as far as I know no divorce petition can be filed before 1 year of marriage. please advise. 

3. He asked for money. Should I bargain this with the mental trauma my family and I have gone through all this time. 

4. I know my wife / in laws can file for false 498A, DV, etc. etc. etc. and if i fight this it will take time / energy and all but giving money is kind of blackmail also. 

Please advise.

Kind regards,

JanDec

 



Learning

 3 Replies

SuperHero (Manager)     09 December 2014

I would suggest, make multiple copies of evidences and keep it in a safe place.

Then show it to a lawyer and seek his advice.

General MCD is filed after 1 year of marriage. If you go through this forum you will see several examples.

I think you can get an abstained order and inform the nearest police station regarding the 498a. So that they will be aware of it.

You can bargain it like a Fish Market.

Recent Supreme Court judgments not to arrest without proper investigation.

Some useful links are as follows.

https://www.498a.org/

https://ipc498a.wordpress.com/

https://at498a.blogspot.com/

There are tons of information online and people to help. Please have Patience and Tolerance. Read them and then write down on a paper, what you need and how to proceed.

 

Good Luck!!!

Law_Learner (Asst. Mgr.)     09 December 2014

Thanks Superhero. 

Adv k . mahesh (advocate)     09 December 2014

in extreme cases only court will entertain the divorce petition before one year of marriage and in your case you have to apply after one year separation from your wife for mutual divorce and wait again 6 months 

and in mean time dont talk about any compromise for payment of any amount with your fil 


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