Wife filed divorce on a ground of false iligations & proofs

Please read this and atleast give some viewpoint or an advise.

Dear Anand

Don't mind but pls write in short your problem.

I am So sorry Mr. Prajapati that I have shared such a long story but that's the worst fact of my life however I have cut down the statments so that you may read and can provide me your viewpoints on this.

 I am a hindu and got married to a hindu girl in Feb 2008 in the presence of bride parents and relatives.

In the same month we went to honeymoon and met with an accident (Intentionaly done by my wife).I was badly injured and ws admitted in the hospital for 10 days.

After that bride went to her parents house,her parents and brother has beaten me on 26 feb in my rented house i and took her girl by thier discretion.

In May they lodged a false dowery and harrasment case in Women Crime Cell, against I and my family members who are residing in a differnt city(who were not living with us at all ).

My  problem is bride and their parents, because their intention towards this marriage is not right as they are greedy and unfaithful.They succeded to capture me in their city and planned to implement false charges against I and family members so that we will feed them whole life.

Since July till November they have humilated and beaten me in a rented house (bride mother use to stay always with us an I have never lived a life like a "Happily married man"), I was paying everything including thier bread and butter with thier fancy dreams.

Its being 4 years now, a month ago we recieved an application mail by the other parties along with false illigations,13 (a) 13(b) & false child birth Certificate

(Which we have verified from the reliable source & collected the hardcopy proof,Also have the proof that bride has been involved with the other person affair).

Now, Please advise me the procedure to take a suitable action against them as I and my family has faced a lot.

What steps shall we take to dissolve this matter as its has already killed 4 precious year of my life and left all my earned belogings which is captured by the other party .All the above statments are true and I have all the possible proof in video,audio and written formats.

Please Guide me in a direction through which we can live my rest of the life peacefully.

Filing Section 9 petition from your side is a wrong step.

Reply to her divorce petition by filing counter claim denying all her allegations and putting your own allegations against her and finally seeking divorce.  As both parties are seeking divorce, you will get divorce and liberty.

Contest permanent alimony case with all your might, which she will move immediately after divorce decree is granted.

Thank you Mr. Chandu for your advise.Please also clarify the counter attack for permanent alimony and we have recieved divorce letter from the other party after 3 years,in that case they are seeking divorce and filed it first then wat about the alimony status  and they have also captured my belogings what should I do to take all my things back ?(I think if they filed the divorce  case first are they  on the merit to get it). How much time it will take to get divorce as this whole situation has already killed our 4 precious year.

And, I would also like to know that do I need to present in the court all the time? as they have mentioned a specific date on their letter (which is just an application but not the summon from court).Once I will present in the court for next hearing can my attorny procced the case in my absence? And during the final hearing I can present for the solution of the case.

I am asking all these question because my parents are old and Iam taking care of them because I am the only breadwinner in my family earning 8000 rs per month in a small town in Madhya Pradesh, plus the other party has connection with insane people which may harm me anytime in their city.

I am sorry, I could not comprehend your second post.  Try to rephrase it and I try to answer it.

It appears they have not filed 498A against you.  Divorce case is not so harmful do not get jittery about it.  It is just a civil case, just deny allegations and file counter along with the proof you have about her relationship with some other guy which is illicit. If court accepts the evidence submitted by you she may not even get alimony. 

Thank You very much Chandrashekhar sir I really appreciate your advise and follow the same.

I am sorry Mr. Chandu in regards of my second post.

My question's are as follows :-

1. We have recieved the divorce Letter 13 (a) with 13 (b) by the other party a month ago, If they have filed divorce

first and they are the one who demanding/initiated divorce, If they file maintainence against me what will be there stand ?

2. How will I do counterattack for alimony as they have shown fake birth certificate and has also done cruelty,captured my belogings.How can I take my things back from them as the list was already submitted in the CAW cell.(The bride more educated than me and capable to earn handsome money whereas I am a diploma holder in sales and earning 8000 rs PM in a small town of Madhya Pradesh)

3. The letter that we have recieved (which is not a court summon) its mentioned that I need to be present on specific date.

Suppose, I will go to their city along with my attorny and file a counter attack/defense in reply to their letter.

Is it important that I need to be present according to their specific date mentioned on letter.

Is it possible that my attorny can followup this case and if needed I can be present in the court during final hearing.(or else 2-3 times).

4. How much time this whole procedure will take, any rough figure.

Note: Why I am asking these question's because I am also concerned about my old/retired parents,I am the only breadwinner in my family & I am sure if the other party will see me most of the times in their city they may try to beat me or manipulate things as they have good connections.

Please, anyone answers all my queries its important for  me to know after that I will procced my application to the court ASAP.

Thank You very much Chandu sir atleast you have clear my doubts I will go along with my attorny to reply them soon.

I really appreciate your suggestion and will follow your answers as a guidence in this case and If possible I will contact/meet you in person to follow up this case in future.

Regards

Anand Sharma.

@Prasanthji,

In some points you are correct and in some points they are correct.  There are certain misconceptions you have to move out of your mind and there are certain points, you should note to get out of the problem permanently./

1.  Ex-party divorce is not a cake walk in indian courts.  The petitioner has to prove the allegations levelled against the respondent.  Otherwise, even in ex-party cases, the cases will be dismissed.  So do not be certain about the fate of ex-party divorce case.  In the instant case, as you mentioned, in the petition itself, it is mentioned that so and so amount is being paid as alimony/compensation/permanent settlement by the husband, making the process of entire -exparty proceedings a big drama.  Further, such ex-party divorce decree along with full judgment containing several allegations against you, will create a problem to you if you go for another marriage, where the prospective bride and her relatives would like to see the judgment.

2.  If ex-party divorce decree is granted, she cannot withdraw the divorce case.  But she can ask for permanent alimony.

3.  DV case, contrary to popular belief, is a civil case.  As she has not filed any Section 498-A case or criminal complaint in any police station (you make sure of that), you can come to India safely and go for mutual consent divorce and in the first motion you pay half of the amount and in the second motion you pay remaining amount and get away with divorce decree.  In this MCD petiton, you can put all thosse conditions, i.e., withdrawal of DV case and other civil/criminal cases pending, no further filing of any civil/criminal cases in future including maintenance/alimony cases etc.  That will protect your interest.

4.  Even this advice is not satisfactory to you, you can execute a power of attorney to your parent to file Mutual Consent Divorce petition on your behalf.  In some courts, MCD is granted on the basis of power of attorney. 

First Use RTI application and get details of said fack birth certificate.

who is father of said child ?

she desire to get only divorce due to some hidden reason.

She has not filed 125 cr,.Pc or 498 IPC, it sgood for you. its prove her intension.

file a application in court for mediation and solve problem by mutual concent.

If not possible to live togather  divorce her but before sattele all things.

For more help- you may contact.

where your marriage done.? where you reside  togather after marriage. Have you file any complaint when you braten by her brother ?