| Originally posted by : Ramit Tandon |
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Originally posted by : Helping Hand !
Originally posted by : Ramit Tandon
You kept quiet long time for you to complain now. Few practical points I will give.
1. DV case will go on for next decade or so. End result you might get acquitted or you might not. That cant be said in concrete.
2. If you dont want wife back, then take divorce from her.
3. If she contests the divorce petition it will consume a good decade. Mean while you will have to pay alimony to her till case is decided and continue to pay her alimony until she remarries. In any case she wont remarry, you will have to pay her alimony till you die or till she dies.
4. Best option is pay her one time alimony, 15 lacs is too much. Bargain with help of able advocate. Take Mutual divorce.
5. If they have named your mother in the DV case, then you need to prove in court that she was no where in the picture at the time when you both were together. All this is headache for your mother at this age. Best way is to settle matter by paying your wife one time alimony and she takes back the cases that she has filed and also give you divorce. Dont think about money. Peace of mind is more important at this age than anything.
1. As she left 10 years back without my permission and intention.
2. She never worried about our son, who was only 6 years old then and never ever tried to worry if he is missing her, or how he is surviving without her mother.
3. She was an unhygienic lady, that caused our cohabitation to an end just after 2-3 years of the marriage.
4. She always forced me to leave my parents, even there was no one to look after them, as I do not have any siblings. And I was financially not in the condition that I could stay separately.
So still court will find me guilty.
That depends on opposite party advocates pleadings and arguments + merits of the case.
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You cry foul. According to you it is her fault entirely. But who asked you to marry? Did court ask you to marry? No right. People like you should not marry. You cant tolerate any person living with you. You have set high standards for yourself and complain about a woman's hygiene who allegedly left you 10 years ago ? That itself shows that you are a tough task master and wont tolerate small things when go out of your way.
What court will notice is perhaps this,
You did not bother to keep in touch with her nor did you approach court or at least send notice to her when she left you. In that case all of a sudden you have enlightenment now and suddenly seeking divorce from court. Finally it zeroes down to alimony, interim in nature and if she continues to stay away from you, you will have to pay her alimony till such time she rejoins you. Or if court grants you divorce, you will still have to pay alimony to her till she remarries. All that is already explained to you above.
Now no point in getting sentimental about all this.
Arrange money. If you dont have money, raise a loan and pay her or be ready to roam with court along with your mother and son. Above gentleman Sachin has wrongly advised you and is a layman who has simply read bits and pieces of information on DV here or somewhere where he says DV case cannot be filed etc and your mother need not appear in court etc.
All that is false. Taking DV case lightly might as well end you up behind bars. If not you think about your aged mother.
You should have taken some legal step long back. Simply keeping quiet about the whole issue has made u see this day. I suppose you have a able counsel who can take good care of your case and get you out of this mess, in case you are unable to arrange one time alimony for settlement. Keep me updated about your case. Take my number via PM.
