Happily Divorced (TL) 08 September 2014

Request to experts: wife filled divorce and maintenance

On Paper my case looks strong but somehow I am handicapped with IDEAS. There is lot of trust deficit between me and my counsel, so LCI for me is a great platform to get various legal opinions from the experts.

Kindly go thru the list of events(you will definitely find it interesting, though it consumes time) and let me know how to tackle the present situation.

My wife filed for divorce and maintenance under HAMA section 18, claiming monthly 75,000/- rupees and in the same proportion she wants to me pay for the past 3years. She claims My salary as 1.5lakh/month and I have property of 1.5crore in bangalore.

The fact is my salary is around 60k/month and I dont have any property in bangalore. I have a property in my hometown for which I am paying EMI of 10k every month.

I want to file divorce based on her cruelty, her willful desertion of 2years and non-consummation of marriage in bangalore. But as she already filed the divorce showing me as cruel, I am not getting any right IDEAS to tackle this nutcase. Request the experts to give a suitable suggestion/advice. Kindly keep it to legal opinions.

SL.NO.	DATE	EVENTS
1.	11.02.2012	Marriage performed on this day at Vijayawada in front of both parties relatives and friends.
2.	16.04.2012	Couple setup their separate residence at Bangalore. Husband and his parents, sisters, brother-in-law along with wife and her parents attended the house warming function of the newly wed.
3	19.04.2012	After staying for 3days wife left with her parents to Vijayawada owing pain in stomach due to kidney stones.
4	01.06.2012	Wife came back to Bangalore residence along with her father. Her father stayed for a week in Bangalore. Husband brought clothes and gift articles to her father. Later in the same month her brother came and stayed at their residence for 15days. Husband brought new clothes, shoes and books for her brother also.
5	01.08.2012	Husband's parents came for health check in Bangalore as well as in Shankar netralaya Chennai for 20days. Out of which his parents were at Chennai for a week at the hospital and remaining days at Bangalore residence. In between they attended a marriage in Chennai also. Wife started ill-treating husband's parents, tried to food-poison them. Husband's parents left from Bangalore on 25.08.2012. Wife started to threaten the husband that she will commit suicide if he doesn't distance himself from his parents.
6	01.09.2012	Wife deserted husband on her own leaving the residence at Bangalore with all her belongings and started torturing him by calling and abusing his sister and brother-in-law, thereby disturbing their life and peace. His sister or brother-in-law never interfered in their marriage and never called the bride at any point of time before or after their marriage. It's always the wife who calls his sister and abuses them.
7	20.11.2012	After failing to convince her thru several phone calls and requests, husband sent an email to wife and father-in-law asking her to return to matrimonial life. A copy of the mail is attached.
8	21.11.2012	Another email was sent to wife the very next day requesting her to return to matrimonial life as it was becoming difficult for him w.r.t health. Also it is auspicious time to celebrate NOMULU(festival to pray lord SHIVA) in the next month. A copy of the mail is attached.
9	22.11.2012	A registered post letter RK03104IN sent to wife asking her to come back to matrimonial fold explaining her to consider the health and food reasons. She turned a blind eye.
10	26.11.2012	Wife received the letter that was sent asking her to come back. She abused the husband and his parents and has shown her arrogance by threatening them. A copy of the audio clip is attached.
11	03.12.2012	Husband sent another registered post letter RK03541IN asking her to come back to matrimonial fold explaining the reasons and how much NOMULU is valued traditionally all the generations and pointing out how valuable is for a newlywed couple in their families . But still she ignored the request. A copy of it is attached.
12	08.12.2012	This time Wife replied by sending a speed post letter to my requests that she is not interested to return to matrimonial fold if her demands are not met and husband should leave his parents for lifelong. In the 6-page letter that she has sent, she accused husband so much however all that is false and imaginary. But the accusations that she made in that letter to the Now FIR are totally different and conspired to harass the husband's family. A copy of that earlier letter is attached.
13	13.12.2012 -	A Sari worth 3000/- was sent to her to persuade her to join the matrimonial life and perform NOMULU. She did not come. A copy of the bill is attached.
14	02.01.2013 -	A money order(0458062022918) of 3000/- was sent to wife for her monthly expenses. A copy of it is attached.
15	11.01.2013	Abuse by wife again when asked her to return to matrimonial life.
16	08.01.2013	A registered post letter(RK03136IN) in reply to wife's letter was sent by the husband to refute her allegations and convey the truth to her family and relatives. A copy of which is attached.
17	12.01.2013	FIL threatened husband to implicate him in cases if the husband doesn't obey to disown his parents and also called his office HR managers to defame him and throw him out of job. A copy of the phone call is attached.
18	01.02.2013	Vexed and frustrated with the events, husband and his family after going thru a horrific harassment, ill-treatment, abuses, false accusations and blackmailing, husband filed Judicial separation case 245/2013 in Bangalore Family Court mentioning all the reasons on how he was harassed and how difficult is to live with such a woman. Husband wanted to stay away from wife for sometime so that both will understand the value of marriage. A copy of the Judicial separation original is attached.
19	02.02.2013	A money order(152631130202)of 5000 rupees was sent for wife's monthly expenses. Even though husband filed judicial separation, he still wanted his wife to maintain herself decently. A copy of the money order receipt is attached.
20	07.02.2013	Wife received the notice from Bangalore family court to attend on date 10.04.2013 for further proceedings.
21	04.03.2013	Money order was refused by the wife and it returned back to the husband. A copy of the refused MO is attached.
22	17.03.2013	Held mediation between both the parties in front of elders. The Sari that was sent as a gift earlier was also refused by wife and her mother and they gave it back to the groom.
23	17.03.2013	As differences are not sub-dued between the parties, an Memorandum Of Understanding(MOU) was agreed between wife and husband to file Mutual Consent Divorce along with permanent alimony of 8.5lakhs as one time settlement to the wife. Both the parties duly signed the petition, MOU agreement. It is clearly mentioned in the MOU that because wife requested to withdraw Judicial separation and opt for mutual consent divorce with permanent alimony, husband should withdraw Judicial separation. Husband party agreed to withdraw judicial separation only in the event of mutual consent divorce. It is also an agreed fact between the parties that they will register the FDR in lok adalat after the second motion in mutual consent divorce. It is also agreed that henceforth both parties will have no rights to pursue on each other to proceed either by civil or criminal cases. A original copy of the MOU is attached.
24	20.03.2013	As agreed, an FDR(Account number: 63151008) is taken for 8.5lakhs on the husband's father name and a xerox copy of it was provided to wife's father for their reference. The same can be encashed during the second motion of the mutual consent divorce as was agreed by the parties. A copy of the FDR is also attached.
25	05.04.2013	Husband withdrew judicial separation from family court as per the prior understanding between the parties. A copy of the order is attached.
26	02.04.2013	Mutual consent divorce is filed in Rajahmundry, duly signed by both the parties during the first motion. A original copy of the mutual consent divorce petition duly signed by both the parties is attached.
27	03.01.2014	Due to Samaikya Andhra movement, lawyers/courts were on leave during 02.09.2013 to 03.01.14. Wife absent on 03.01.14. Husband present for all the dates however wife didn't turn up.
28	07.02.2014	Wife absent again.
29	14.03.2014	Appearance of both parties, matter was referred to lok adalat for reconciliation.
30	28.03.2014	Reconciliation talks failed. Wife submitted that she is not inclined to take divorce. She withdrew her consent by not allowing mutual consent divorce.
31	01.04.2014	Mutual consent divorce dismissed by the court even after entering into the MOU by both the parties and agreeing on the terms and conditions along with the permanent alimony amount. A original copy of the order was attached.
32	18.04.2014	Even though there was no domestic relationship between the wife and the husband or his family for 19months, still wife filed a complaint of dowry harassment in Vijayawada mahila police station. An FIR u/s 498a and 506 was registered by the police. A copy of the FIR is attached.
33	21.04.2014	Husband(A1) was arrested in his office. He was kept in illegal detention for a day and submitted to court on 24th April.
34	24.04.2014	Husband was presented in the court and was sent for judicial remand to Vijayawada sub-jail for 15days.
35	30.04.2014	Husband got regular bail after 8days.
36	19.05.2014	Husband sent registered mails to Commissioner of police and SHO, Mahila police station representing his illegal detention of arrest and to inform the police that IO was showing wrong place of arrest. A copy of the letters is attached.
37	30.05.2014	498a Charge sheet filed. Call for Appearance of the Accused on August 6th 2014.
37	06.08.2014	498a Charge sheet filed. Summons not received by accused; Await SS call on 16-12-2014
37	16.12.2014	Appearance of Accused - 498a
37	23.07.2014	Wife filed DIVORCE under section (13)(1)(ia)
37	23-07-2014	Wife filed MAINTENANCE under section 18 of HAMA.
37	05.12.2014	Appearance in Divorce and Maintenance.

Reply Follow

2 Replies

Tajobsindia (Senior Partner ) 08 September 2014

1. On the onset let me advice you, the moment a client feels trust deficit with hired Advocate it is better to change the Advocate and proceed with another one found after stringent due diligence.

2. I am not going to invest my time going through such elaborate list of events on a free forum. Suggested to seek Chamber consultation meeting Consultation fees with any advocate of your choice.

[Last reply]

(Guest)

Gone through your vast and exhaustive cause of action and incidences.

Its nice to see that you have made your case very strong by representing in a sequence wise.

Provided that any seasoned and honest lawyer will definitely win your case if such above facts led down by you are argued with citations in hand for such mental cruelties and desertion from wife.

A/t your Pm and query-My takes are as below:

1. You should counter her allegations with evidences in your hand.

2. You will get divorce on the ground of mental cruelty plus willfull desertion by wife leading with facts that she has exposed you bitterly with height of mental agony.

3. She has sent you in jail for false 498a this is the acute mental cruelty by wife.

4. Once she has filled for mcd and she called off Mou and again she files for divorce under 13 ia. That means she is simply harassing the other party by misusing the law. If she was interested for divorce then why she had withdrawn the mcd after signing the first motion. And now she comes for divorce under false grounds.

5. she herself admitting the fact that she denied the conjugal relationship of a wife. proofs of her rejection of mails and letters and custom gifts will make her defaulter.

6. If you were shifted aloof like a nuclear family in bangalore then nothing left for her to ask to get deattached with your own parents. This means that the wife and her gang have tried to change your existence from your own biological parents. This cant be tollerated any where as she was trying to cut off the relationship of a son from his old parents which cant be done in this very practical life.

7. Change your lawyer as soon as you can, fight your divorce case on the ground of desertion plus mental cruelty to avoid her alimony or any maintenance.

8. Fight your 498a and all her baseless cases by tooth and nail, dont leave any space for mutual settlement as you will become looser indeed. She will again approach you for mcd but this time kick her ass.

ESIS