125 crpc / 498a dowry act / dv
Gurpreet
(Querist) 28 September 2016
This query is : Resolved
Dear Sir,
I was married for 10 months only. She walked out of the marriage despite both families trying to sort the routine Husband-Wife differences / adjustment issues that pop up in the first few months of marriage.
After many abuses by her thereafter, she then launched a Dowry FIR against me and my parents in Punjab. My father is 80 years old, my mother is 74 years old.
The case went to court under 498A. While my parents got absolute bail, i am still on Interim Bail issued by the High Court. Not quite sure why the Sessions Judge cancelled my bail when there was no mention of dowry by her in the Court Room.
I am also paying Rs. 15,000/- interim maintenance to my wife. I shared my ITR with the court which clearly indicated that my net saving per month is Rs. 30,000/- ............. the court sanctioned 50% of my net saving as Interim Maintenance. The main case is still on.
I have filed for Divorce, on grounds of cruelty and desertion, at the Family Courts in Noida. She moved Supreme Court for transfer of case to Punjab which was rejected by the SC in the first 15 minutes of the hearing. She's opposing the Divorce Case and says she want's to come back.
Now, after 2 years she has filed a case of DV against my parents and 2 sisters.
What do i do? The cases are yet to come up for trial. Its been over a year now.
Regards,
Singh
Raj Kumar Makkad
(Expert) 28 September 2016
Your parents and sisters if summoned, may approach high court to quash the complaint filed against them if there is no merit therein.
If your wife is ready to join your company and if differences can be sorted out mutually, better to reconcile so as to start a new life and give one more chance.
There have been miracles in life. Take a chance.
Sudhir Kumar, Advocate
(Expert) 29 September 2016
"Divorce Case and says she want's to come back. "
This stand of her refutes all your claims.
Gurpreet
(Querist) 29 September 2016
Dear Raj and Sudhir Ji,
Thank you for your replies.
Raj ji, I cannot accept her back in my life any more after all that she has done. I understand yr submission of miracles happening, I've heard of it and have read it too, but there is no respect for her now. She left on her own and now I get all this? Not fair, luckily there is no child involved in this.
Regards.
Raj Kumar Makkad
(Expert) 29 September 2016
If so then try to negotiate and get MCD so as to end the cases. Nothing can be derived out of such egoistic approach.
Case and then counter case and then allegations and then counter allegations, teasing, harassment and so on is the net result of all such litigation.
Keep on paying heavy fee to lawyers and bear heavy litigation and other expenses.
P. Venu
(Expert) 29 September 2016
You need to meet the cases on merits.
Rajendra K Goyal
(Expert) 29 September 2016
Under the given circumstances, try for Mutual Consent divorce with help in withdrawal of all cases.
Rajendra K Goyal
(Expert) 29 September 2016
For DV case, agree with the advice from expert raj kumar makkad.
Gurpreet
(Querist) 29 September 2016
Dear Raj ji,
There is no ego involved. We had asked them for a settlement amount but they refused.
The case in Noida was only so that they come forward and settle the issue, but they moved Supreme Court to transfer the case.
Regards.
Guest
(Expert) 29 September 2016
Mr. Gurpreet,
When you cannot accept her back in your life any more, the straight forward solution is to fight the cases on merits of the cases, irrespective of delay that is caused in the process, and get ready to pay maintenance charges also to your wife till life.
Best of luck
Raj Kumar Makkad
(Expert) 29 September 2016
Generally litigants in matrimonial disputes do waste their precious time of young age with their entire resources in fighting with each other in one or the other courts thus it is better to resolve the issue this or that way.
Rajendra K Goyal
(Expert) 30 September 2016
Even then you should not leave the efforts to try for amicable settlement..
Raj Kumar Makkad
(Expert) 30 September 2016
Transfer of petition at the place of residence is the right of wife which she is using through Supreme Court so no adverse inference should be taken on that ground.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 12 October 2016
unfortunately such cases are more favourable to wife stop try to settle mutually is ideal.
Rajendra K Goyal
(Expert) 18 October 2016
Agree with the expert raj kumar makkad.
Gurpreet
(Querist) 26 January 2017
Dear Sirs,
Following up on the above message, wherein the Sessions Judge cancelled my bail and i then applied for bail from the Chandigarh High Court ............ i have now been for Mediation twice at Chandigarh High Court. The resent being on 23rd Jan 2017. The Mediation failed with
1. Me stating that i would want to clear my name from all charges and do not wish to accept her back after she filed all false allegations against me and my family. I also offered Alimony.
2. Her stating that she wants to come back and does not want any Alimony, and will also not divorce me.
The bail hearing at the High Court is now set for end Feb 2017.
Basis the afore please advise the strategy behind her for
1. refusing Alimony
2. contesting divorce
3. but parallely filing DV case just 3 months back.
As expressed earlier, she is getting a monthly Interim Maintenance of Rs. 15,000/- a month ; the main case is still on with trails / cross examination to being this coming Monday, 30th Jan 2017.
DV hearing is set for the 1st week of February 2017.
Regards,
Gurpreet
Rajendra K Goyal
(Expert) 26 January 2017
Discuss in detail with your lawyer who is well aware of full case file and details and is in the position to look after your interests in the best way.
