Blackmail and harassment


Help Request,

 

I am contesting a divorce case under Hindu marriage act, section 13 (ib).  After marriage she merely stayed 17 days at my home, then returned to her parental home. since then I dont have any contact with her. Marriage did nt consumate, After 3 years, she filed a desertion case, asking alimony and divorce.  I have denied all the charges. Recently she contacted me to settle the case at certain amount.

 

She is trying to blackmail me and my family.

What should I do in this situation? She is not willing to return and asking money which I can not afford. 

 

Only option, I have to keep visiting court. have Patience. 

 

Any suggestion would be great. 

Thanks

Raju Raghav

 
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Bangalore

Lots of idiotic moves from your end made your wife smart.


She left you and it has been 3 years and you should have filed RCR based on desertion.  And later on filed divorce petition based on desertion as she is the person who left you.


Now that she has filed divorce, you just agree to give her divorce, without paying any money to her, as she is the person who has filed for divorce and does not want to come back.


It is a golden opportunity, just agree for MCD and be a free man again.


Now that she is asking money, which you cannot afford to pay, you can as well bargain on the price for your freedom. Sit n talk, bargain, pay em, be free.

 
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Advocate

Raju, Since the marriage has not consummated, it is not a marriage at all. So no need to go for a divorce to dissolve the marriage or pay alimony. You can file a separate case of Annullment of marriage on the basis that the marriage has not been consummated. If you got married, or if your wife stays or if you are located in Karnataka, then my firm will be glad to help you and can be contacted on 8892562298
 
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She is asking money and divorce

 
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Does Annulement works for first year only right? does it works after 1 year?

 
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Dear Raju,

Why did you not file a case for annulment of marriage when she left you without consummation of the marriage? Now that she has filed a case for divorce under section 13, she has the burden of proving desertion. Section 13 states that Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition. In the case of Lachman v. Meena, the court has held that the burden of proving desertion is on the Petitioner and he or she has to establish beyond reasonable doubt, to the satisfaction of the court, the desertion throughout the entire period of two years before the petition as well as that such desertion was without just cause. Further, in Chetan Dass vs. Kamloa Devi, the Supreme Court has also stated that "Lest the institution of marriage and the matrimonial bonds get fragile, easily to be broken which may serve the purpose most welcome to the wrongdoer who, in his heart, wished such an outcome by passing on the burden of his wrongdoing to the other party alleging her to be the deserter leading to the breaking point." You will need to properly contest the case in court and have a good and competent lawyer who can get you out of this case.

Regards,

Advocate Ashok Kumar; www.lawkonect.com

 
Reply   
 

Dear Raju,

Why did you not file a case for annulment of marriage when she left you without consummation of the marriage? Now that she has filed a case for divorce under section 13, she has the burden of proving desertion. Section 13 states that Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition. In the case of Lachman v. Meena, the court has held that the burden of proving desertion is on the Petitioner and he or she has to establish beyond reasonable doubt, to the satisfaction of the court, the desertion throughout the entire period of two years before the petition as well as that such desertion was without just cause. Further, in Chetan Dass vs. Kamloa Devi, the Supreme Court has also stated that "Lest the institution of marriage and the matrimonial bonds get fragile, easily to be broken which may serve the purpose most welcome to the wrongdoer who, in his heart, wished such an outcome by passing on the burden of his wrongdoing to the other party alleging her to be the deserter leading to the breaking point." You will need to properly contest the case in court and have a good and competent lawyer who can get you out of this case.

Regards,

Advocate Ashok Kumar; www.lawkonect.com

 
Reply   
 

marriage is voidable on grounds of non-consummation only in following scenarios. When querist has never mentioned about impotency of willful denial, I don't know how are learned lawyers advising to petition for voidable marriage.
I don't know how they plan to prove female impotence or her wilful refusal, when she herself is alleging desertion.
  • the marriage has not been consummated due to the incapacity of either of you to consummate it;
  • the marriage has not been consummated owing to the wilful refusal of your spouse to consummate it;
 
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