In laws demanding sun & moon
somesh
(Querist) 30 January 2014
This query is : Resolved
Dear Experts
Thanks for your replies earlier
We were continuously following our in laws to know about their demand as they were keen to get divorce from me first instead of initiating the act from their side and also threatened us to dissolve the issue and pay the said amount or else get ready to shift to jail, but i was on my stand that i need my wife back so i filed RCR.
Now my wife's uncle after filing of my rcr (they dont know about my petition as they are in other state) recently called my uncle asking for Rs.10 lacs and gold they have given to us on marriage they are also giving us an discount of Rs.2 lacs if matter is resolved and payment is done immediately.
i was shocked hearing about discount are they giving their ladies on hire or what?
I am against to pay even a single penny as i have taken nothing from them except my wife and i am very clean hand person earning only that much which satisfy my families needs.
Please guide me what move should i play now as i am still firm on my decision to bring her back.
Devajyoti Barman
(Expert) 30 January 2014
I is very unlikely that you without making an payment as alimony would get rid of wife by legal means.
Better negotiate and agree on a lesser amount. Otherwise a long road of legal battle is lying ahead.
Choice is yours.
Shonee Kapoor
(Expert) 30 January 2014
I don't think by filing RCR you would get any relief.
Please find enclosed my article on the uselessness of RCR
http://www.lawyersclubindia.com/forum/Why-not-to-file-restitution-of-conjugal-rights-43385.asp
In any case, if they are bent upon not staying with you, then you can not force her to stay with you. Yes, you can deny the divorce.
As far as, going forward things are concerned, better sit across and sort out the differences. If the lady is not working, then she would be entitled for maintenance. Her Gold must be returned.
Alongwith she may file certain other cases as well.
So things must be decided by weighing the cost and benefits and decide accordingly.
Regards,
Shonee Kapoor
www.shoneekapoor.com
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If you don't fight for what you want, don't cry for what you LOST.
Rajendra K Goyal
(Expert) 30 January 2014
Prefer amicable solution by paying agreed amount and get rid of all this.
If no amicable solution arrived long litigation has to be faced, spoiling major part of life.
somesh
(Querist) 31 January 2014
Dear Sir,
Where is the money to pay the agreed amount? i am earning only that much which can satisfy my families basic needs, my parents had invested all their savings to marry me as i am the only son to them.
I will definitely fight for mental torture me & my family suffered unnecessarily.
I dont have any option left as i do not have money so its better to fight rather than accepting defeat.
any further advise to change my decision experts??
ajay sethi
(Expert) 31 January 2014
prepare list of gold ornaments received by your wife at time of marriage . return the gold . obtain your wife signature that she has received the gold . also get signatures of 2 witnesses who have seen you returning the gold .
if you dont return streedhan she may file case of 498A against you and your parents .
as far as alimony demand of Rs 8 lakhs is concerned it is your call .
Devajyoti Barman
(Expert) 31 January 2014
Yes fight on merit. there is nothing to worry.Once you get bail , you win half the battle.
T. Kalaiselvan, Advocate
(Expert) 03 February 2014
I appreciate you stand, come what may, go on the right route you chose to; An amicable situation or solution is that you want your wife back, well be prepared to face the negative side of the solution too, but dont give up, after all it is your life, you are the right person to make a call whether right or wrong. In my opinion you stick to your guns, donot budge to any pressure, as you said that you are having clean hands, fight for justice till the end.
