Hi All ( group of eminent lawyers)
I need the advice for my brother who married with girl on 28th November 2013 at Jaipur . Below are the facts of the case :-
Amit Bhargava (Manager ) 09 March 2015
Hi All ( group of eminent lawyers)
I need the advice for my brother who married with girl on 28th November 2013 at Jaipur . Below are the facts of the case :-
Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 09 March 2015
saravanan s (legal advisor) 09 March 2015
the girl and her family seems to be particular in getting divorce. dont go for rcr for a decree even in your favour doesnt have any tooth.if she refuses to join you within a year after getting the rcr in your favour it will lead to divorce only.
sit with her and work out a mou with her regarding maintenance etc etc and apply for mcd.
Sonia Saini (advocate) 10 March 2015
Dear Amit,
Going through the facts stated by you primarily i can advise you on the following points :
a) If you also wish to take divorce: Try negotiating the points and terms with her for a mutual consent divorce. In case you do not agree to her terms with her go for a contested divorce . Before she files the divorce you file it in Faridabad so that she goes to supreme court for a transfer in case she wishes to get the case transfered to Jaipur
b) If you do not wish to take divorce file a petition for restitution of conjugal rights. Though i would not advise this because as i understand she has made up her mind to divorce you already therefore using this option will only increase you legal hurdle and will not provide any fruitful result .
As far as you concern regarding false allegations is concerned please try to document the interactions you have with her family members either through phone or otherwise . Try to record or video record the meetings and conversations . Also try to record or collect documents which establish her educational qualifications or her current occupation status , this will help you for getting the maintenance lowered or avoid it .
The statergy should be to understand what their next move can be. In all situations please start collecting evidence it will help you in your divorce case or for defending if they allege a false 489a against you.
I can be consulted at the below mentioned details for certain legal advice and further proceedings .
Regards,
Adv. Sonia Saini
S S Global Law Firm
Work Phone : 91-9873658554
Email: sonia@ssglawfirm.in
www.ssglawfirm.in
Amit Bhargava (Manager ) 10 March 2015
Hello Sonia madam,
At first thanks for prompt reply . Request to reply on following points
1. My brother was not ready for divorce but girl family is adamant on divorce and seems that whole marriage was scriptted and planned to extort the money and girl made up her mind on 28th non 2014 on the day of marriage aniversary and despite that, girl father visited our house on 27th Dec 2014 and look open for resolution of issue .On his assurance brother quit his job and now out of job and under gone mental agony too . Now her parents are demanding 16 lacs for divorce on mutual consent , which we can not pay although we are discussing it with our relative , if can be settled out of court .
2. We feel that our ground is strong as they do not have strong reasons for break off of marriage and all reasons discussed in meeting is baseless as girl is not ready for counciling as per doctors advice . however we feel that ,if we do not agree to pay money , false allegations can be created . Please advice whether can we apply for anticipatory bail and can we get it before FIR ?
3. Brother is nor ready to file for contest divorce as we feel that it can week our case as we demonstrate to save marriage at any cost from our side , even ready to live separately but girl is not ready to come back and want money for out of court settlement . Please advise if girl is file for divorce , them also whether brother would liable to pay alimony and maintenance expenses ? Please note that we do not know whether is working or not in Jaipur . Educational qualification is B .ed
Sonia Saini (advocate) 10 March 2015
Dear Amit,
You should not bend down to her demands and should not at any costs give her 16 Lakh Rupees. If you are very certain that these people had hatched this conspiracy before marriage to frame your brother and his family in a false498A , file a petition for restitution of conjugal rights .. This will serve twin purpose first is that the girl will be forced to return back and live with your brother and second is if they try to get a false 498a registered , this will help you to prove before the court that you do not have a guilty misconduct and are being framed falsely.
It can also help you get an anticipatory bail . Secondly the girl can offcourse ask for maintenance and alimony but it is a matter which has to be contested and decided by the court . The court will decide this considering the fact that whether the girl is in a position to maintain herself or not, what is her educational qualification, how qualified your brother is and so on and so forth .
I can be consulted at the below mentioned details for certain legal advice and further proceedings .
Regards,
Adv. Sonia Saini
S S Global Law Firm
Work Phone : 91-9873658554
Email: sonia@ssglawfirm.in
www.ssglawfirm.in
Sushil (nil) 12 May 2015
I am a victim of DV Act 2005, which has been filed by my wife taking attack is the best defense for her adultrous relationship, which i have strong evidences. need some opinion personally for divorce
saravanan s (legal advisor) 13 May 2015
dear sushil you got to post your query in a seperate thread and your question seems to be vague.can you elaborate