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Pawnkr   24 October 2015

Wife deserts asking money for mcd

Dear sir/madam,

                             I got married on 2 years back.There were problems right from the beginning.As I am in the merchant navy I thought it's because of the distance so I tried shifting on land in 2014 but things didn't work out professionally for me and even the fights kept increasing.I gave my wife the best treatment possible,vacations,gifts,time and all possible comforts but the fights for silly things turned ugly.She also made me shift the house 3 months after marraige away from my parents.She left home earlier in Dec 2014 for silly issues and asked me to come to her mothers place and apologize.I still did that.Recently she left again in April 2015 and hasn't come back.i am also fed up of her.she has been abusive also as I have proofs of she telling me to f**k myself,called me a barking dog.she also slapped me thrice.I proposed for a mutual consent divorce and the mother and brother of the girl have returned us our gold and magalsutra and took back their gold.we drafted an agreement towards the exchange of gold by both parties.In the meeting they agreed for 5 lakhs but now they are asking for 5 lakhs plus interest.they are trying to extort more money.I have refused towards their demand of more money.the girl is working and earning about 30000.i am jobless for the past 1 year but planning to go for sailing in december.Please advise what to do.?



Learning

 12 Replies

Advocate Ashok   24 October 2015

You can opt for divorce for mutual consent if they not Agee go for divorce on the ground of cruelty as you have enough proof for this . second option will take more time but this is the only option after first. As your wife is earning decent maintenance will not be problem for you but you to prove the salary of your wife.

(Guest)

5 lacs is nothing.  You can earn that kind of money 10 times in your life time.  Dont think much. Fighting matrimonial case is like punching air.

 

You will only loose years in court if you think about 5 lacs.  Dont listen to lawyers who suggest you to fight case, it takes minimum 8 years to come ouf of divorce case and not to mention other cases she will surely file.

Pawnkr   24 October 2015

Thanks for the reply sirs.5 lakes is ok with me but now they are saying 5 lakhs plus interest.

Anil Upadhyay (Lawyer)     24 October 2015

You should file for mutual divorce and put the clause for maintanance claim also in agreement. Put this agreement before court while seeking divorce. 

Pawnkr   24 October 2015

Sir I'm willing to let things go peacefully.they asked for 5 lakhs for mcd.i agreed but now they are saying 8 lakhs.they are trying to extort more money which is unfair as during the 2 years of marriage I gave her gifts worth at least 2 lakhs,time and at the same time I kept all my responsibilities as a husband even though she abused my mom dad called them politicians.Sir I have proofs of How much I took care of her.I know the judicial system is biased towards women and so I am not going to file for divorce.ill just give her time to decide if she wants to roam around courts or move on and lead her life peacefully.is my line of thinking correct?thanks in advance for your help.

I walk alone (Asst Manager)     24 October 2015

Sir this is a marketplace and there is nothing called unfair. Having said that, I'm not discouraging you about it. If 8Lakhs (Once and for all) gives you a relief from this unwanted tension, be it, & move on in life. Understand, if you loose your money today, you're qualified enough to earn it back some other way, but, if you loose your mental peace today due to all these, you might loose your thinking process and the capacity to earn money. isnt it?

I suggest, approach with a lawyer, and post finalising the amount, make the MCD agreement in such a way, that 50-60% of money paid on her first appearence to the court and agreeing with T&c of MCD, and balance amount must only be payable after you & her getting their decrees in hand, not before that.

SAINATH DEVALLA (LEGAL CONSULTANT)     24 October 2015

If U want to keep away from the woman baised judicial system,better convince her for MCD, that would easier and faster,in case there is no chance of a reunion setting aside the diferences.When U are ready to pay 5L,make a compromise for a certain amount and settle the matter amicably.Live with caution that if U keep on delaying, the things could aggravate and she would be in possession of 498A and DV.

Pawnkr   24 October 2015

Thank you for your valuable inputs but they are demanding 8 lakhs presently and by their intentions this sum is bound to increase.I have no plans of marrying again as I have lost interest in the institution of marraige.if she wants to file any case she is free to do so as I have enough proof to prove her wrong.She will be the ultimate loser and get fed up of courts.I have made it clear that I will not pay more than 5 lakhs.rest it's her choice.

Advocate Ravinder (Advocate/Attorney)     25 October 2015

If you have guts and paitence, you can come out of all the cases even without paying a single pie.  If you are innocent and have not done any harrasment to your wife or her parents, you will definitely come out of the case. Then there is no necessity to pay any amount.  Instead of that you engage any experienced lawyer and pay him good amount.  For further details mail me.

Prakash S Thakkar (B.S.L LL.B)     25 October 2015

File a case of extortion on ur wife and her mother and brother. Then only they will bend

T. Kalaiselvan, Advocate (Advocate)     30 October 2015

@Author:  You are absolutely right in your views. You do not have to give even a single pie to her. If you start bargaining or go for negotiations, this will become an endless problem and in the end you will stand a loser by accepting their huge demand  or extortion.  Now you are clear in your thoughts, better follow the same route, let she leash out the legal terrorism also against you, it will be a momentary event, you can come out of all those dreaded evils once you have will power to fight back strongly and decide to teach her a proper lesson of life.  

b.goheel   04 December 2015

person act and react as per bring-up/situation/nature.
u returned their gold ornament tht one can understand bt why they returned urs. it is her STRIDHAN assuming u dont give evn a penny worth ornament to her relatives.
all ld. sr. advocate r well aware of law of STRIDHAN.


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