Maintenance, divorce and 498a
Hemant
(Querist) 27 October 2014
This query is : Resolved
Respected Experts,
I got married in the month of May.
My wife stars fighting with my mother from day 2.
Then she was sent back to her house (first bidai). With all the ornaments/gold all the ornaments which she has at the time of marriage and the one my mother had given her when she came to home. From there we had gone for honeymoon.
We can’t take the gold with us to we left all the ornaments to my father in law house and gone for honeymoon.
From honeymoon we came directly to Delhi. After 3 days my mother also came to Delhi to live with me. Wife starts saying foul language to mother. She was talking hours to her parents at trace. Observing that she is taking for hours I started collecting data of her records. Wife was saying foul language to my mother every now and then. She told me that either one of us can live. I didn't agree to her terms to abandon my mother. So finally she called her father to take her home without any reason. The only reason was that I came late from work. Recently her father had asked for divorce.
Now there is a meeting about to happen in which her father will give the terms and will demand a huge sum of money.
We have lot of audio and video data in which it is clear that we had not touched her and not demanded anything. And this all was preplanned. We try to convince her a lot but she didn't agree.
Note: - It is sure they will go for divorce. She will not come to me. They want to marry her again soon. They had seen another boy for her. She stopped wearing mangalsutra and using sindooor.
Are there some steps that we need to follow?
What cautions that we should take?
What more data should I collect and what is the best way to get away with least loss
If you have audio and video proofs then how soon it take to get away with false 498a?
Thanks & Regards.
V R SHROFF
(Expert) 27 October 2014
She cannot get Divorce , as u married just before 6 months.
498Awill last for years. , your recording will help you
keep cool , wait & watch
do not take any step , nor worry.
Sudhir Kumar, Advocate
(Expert) 27 October 2014
If she intends to marry elsewhere then 498a and contested divorce is not suiting her.
Perhaps it appears that reconciliation ay be possible in your case. You have to analyse root cause of the trouble.
Hemant
(Querist) 27 October 2014
Thank you very much V R Shroff and Sudhir Kumar sir.
I know both the side conversation so my conclusion is as follows:
1) Her expectations was that life is like tv series.
2) Blind support from her father. Another culprit is her brother in law.
But sir her father is coming soon for discussion he said "baith ke sauda kar lete hai" . what should i do for this. what points should i take care at that point ?
Sudhir Kumar, Advocate
(Expert) 27 October 2014
I have told you where the weak point of other party is.
You can also tell the party that in TV serials and films the actors are paid in lacks for uttering dialogue which impressed her.
Devajyoti Barman
(Expert) 27 October 2014
It would better of you resolve the dispute amicably. In matrimonial disputes court battles lingers for years together without much conclusion.
ajay sethi
(Expert) 27 October 2014
arrive at an amicable settlement so that you can obtain divorce by mutual consent . dont bow down to un reasonable demands
Rajendra K Goyal
(Expert) 27 October 2014
At present you have to wait and watch.
You or they have to wait for another 6 months to file divorce case. If they are interested in divorce, agree on Mutual consent divorce terms if suits you. Consult your lawyer before signing any agreement of Mutual consent divorce.
Hemant
(Querist) 27 October 2014
Thanks for all of your support.
I will wait and watch. If we can come at some resonable terms then only i will concent.
One more question. For mutual concent also we have to wait for one complete year?
Or just sign some legal documents sugested by loyer and we are done.
Hemant
(Querist) 27 October 2014
Thank you very much Sudhir sir, Devajyoti sir , Ajay sir and Rajendra sir....
Devajyoti Barman
(Expert) 27 October 2014
You have to wait for six months from the date of petition for mutual divorce.
malipeddi jaggarao
(Expert) 29 October 2014
First of all analyse the reasons for such behaviour. Find out if there is any fault on your part or on your mother's part. If you come to a conclusion that there is n0 fault on both of you, no reconciliation is possible as per the details in your post.
Do not agree for mutual consent divorce. If your father-in-law comes for dialogue, first you tell him that stop talking to their daughter over mobile. This is the menace in the life of newly married couple. Girls go on talking to their parents even when they are in bathrooms! Once this is stopped certainly there will be some improvement. The concept of nuclear family is another menace. The parents do not wish to detach themselves with the girl. Unless they tell her, how she will adjust in the new home with new people?
Marriage is not one day affair. Tell your father-in-law that they should detach your wife from their family, then only she can develop some attachment with you and your family. Responsibility of the girl is given to you by accepting you to be her husband, they need not worry without any reason and you will discharge your responsibility legitimately if they do not interfere in her life. Do not yield to their threats of 498a or any case. Tell them that you are not interested in divorce and you will file RCR in the court if the girl is not sent back to your home. Tell him that there is no fault on your side and if you accept their proposal for divorce, you will branded as divorcee and you will not get suitable girl and you will have spend to huge amount for searching another suitable girl and in such case who will compensate your loss? Adapt defense tactics so that they will come to a conclusion that you are hard nut to crack and finally give up their crooked ideas and mend their ways.
Any way you have to wait for at least 6 months. Maintain coolness, do not show much concern, live your life as if nothing happened to you. If they come for talk, be tough and clear in your idea and send the correct message to them. If they really resort for any cases, you can not stop them and you can think about them at that time.
T. Kalaiselvan, Advocate
(Expert) 29 October 2014
It will be too early to take any decision to take a legal recourse, as observed by experts, the passage of time will answer and resolve many issues, so better give a thought towards it and wait for the developments.
