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Law_Learner (Asst. Mgr.)     22 September 2014

Mental cruelty

Hi,

To be precise, I am putting my case and queries as below :

History :

1. Got married in May 2014 (just 4 months back)
2. Girl and her parents misbehaved with my parents
3. Girl told I am a thief; beggar; 
4. Girl and father asked 10 lac as alumani and threated to go to  court; I have phone recordings and SMS proofs
5. I made her stay at her parent's home for 2 months
6.  I don't want to live with that girl as we all are worried that she might put us in more trouble by making false allegations; e.g. domestic violence, dowry demand; etc.
7. Girl's parents chasing us to take the girl back and telling that they demanded money and threatened going to court only in aggression;
8. Girl's relatives saying she gets very angry at times (I have phone recording) and she told this before marriage. 

Queries : 

1. Can I file a case for Mental Cruelty (it's only 5 months of marriage)
2. Can I force her not to come back at my home by any court order;
3. Can the girl later ask for more money in court considering she has sent SMS demanding 10 lacs. I mean can she backtrack and say we had spent more than that or she wants more money in any case;
4. Can i force her not to come back and meet me in court after a year


Regards,
JanDec1983



Learning

 4 Replies

Tajobsindia (Senior Partner )     22 September 2014

@ Author,

 

1. Can I file a case for Mental Cruelty (it's only 5 months of marriage)
Take: NO. 


2. Can I force her not to come back at my home by any court order;

Take: NO.


3.
Can the girl later ask for more money in court considering she has sent SMS demanding 10 lacs. I mean can she backtrack and say we had spent more than that or she wants more money in any case;

Take: NO for alleged facts as amount spent in marriage is not returned / claimed back but YES under 'maintenance' claims if she is not earning an income to support herself.


4.
Can i force her not to come back and meet me in court after a year

Take: NO

 
[Last reply]

fighter (Software professional)     22 September 2014

ab aap shaadi karke fas chuke hain....ab koi illaj nahi hai 3-4 saal lag jaayenge chutkaara paane main......

ROHIT SHARMA (Legal Advisor )     22 September 2014

1. Since the marriage is not over than one year filing petition seeking divorce is out of question at this point of time.

2. The evidences that you have of the instances of their demand of rs. 10.lacs then these facts can sustain your criminal complaint against them for their act of commission of putting you in fear of accusation of offence in order to commit extortion which is punishable u/s 389 I.P.C and the charge being cognizable, bailable and compoundable and triable by Magistrate First Class.

3. Since the charge is compoundable you can always withdraw it if they are ready to compromise.

Law_Learner (Asst. Mgr.)     23 September 2014

Thanks for your quick response. There are few udpates on the matter.

1. Girl and parents are also recording conversations now;

2. Girl called first my parents and later to me telling all in a threatening way that she is coming home. I replied that I don’t want you to come here and we will live in a separate accommodation. She was adamant on this and told that she will come up with police and did not agree on living somewhere else but in my parents’ house only;

3. She accused me of having an affair; that I want to marry a working woman now and I am greedy and want’s a salaried woman that’s why I am asking for divorce;

4. She told that I have raped her in the sense that I want divorce only after 3 months of marriage;

5. I asked that you are after money that’s why you asked for 10 lacs when you didn’t spend any money on marriage; she responded that it’s not about the spend on marriage but it’s for the life or hers.

6. She asked me to meet in park along with parents;

7. We met and they denied their all wrongdongs and leveled false accusations and girl did not agree to live in a separate accommodation;

8. Meeting ended without any agreement.

Queries : 1. I am getting mixed response on if I can file case for mental cruelty now;

2. Would it be a wise and prudent step to file for mental cruelty?

3. I don’t want her to come back in any case now; is there any relief?

4. What maybe the approx. fees of a good lawyer?

 

5. what I should look for in a lawyer? 

Best regards,

Jandec1983


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