Anonymous 15 February 2018

Precautions i should take during settlement.

I am 30 years old a graduate male person works in a private company in Bangalore. I recently got married to a girl on 04-Oct-2017. She belongs to Ambala-haryana. She stayed with me for 2.5 months. During the married life tenure, i found her a very short tempered and aggressive girl in nature. In anger she was loosing her temper and getting depressed like anything. Many times, in anger she was stopping to feed herself and going out from home in anger at any time (in midnight also), throwing stuff, tearing clothes/beating me/herself, locking room door from inside. With this abnormal behavior she torched me many times and then i started to stay in another room of the flat with my younger brother, who was doing his studies in Bangalore. In Dec she filed a police complaint against me and my brother in Bangalore thane. Police taken both of us in Police station and kept us for 2 days and relieved us on 3rd day in afternoon with the statement the problem will be sorted out by discussion among our parents both of me and her. After that her parents taken her with them to her native and filed a fake police complaint in Ambala Cant Mahila Thane for domestic violence, Dowry and s*xual harassment on me and my family members. Girl's family is from Ambala (Haryana). On the police call we all went there in Mahila thane and Inspector asked both of us if you both cant stay together take divorce and do your settlement. Both parties my family and her family got agreed to do the same. They filed a court case also to ask for maintenance. As per discussion we both parties got agreed to some certain amount (which was higher what they spent in marriage) and few her belongings (what she lefted at my home in Bangalore) has to be return as per their list. there lawyer got agreed upon that amount and her belongings to give her back and based on that he said he will take the maintenance case back on the basis of bank cheque with some amount in court. After 1 year of marriage, they will file a divorce case in court. At that time also they will take some amount again from us and after filing the divorce case they will again take the rest of the pending amount and will give divorce with mutual consent, once another 6 months will get over after the divorce filed in court. Now as per the settlement amount and her belongings. What precautions i should follow? Please guide me those all to me. They have not given anything in written rightnow. They can again increase the settlement amount/belongings. How can we prevent our-self from such incidents. In respect of whom (my wife/her father) i should give the bank cheque. Should we give amount only through cheque/NEFT or can do by cash if they ask. please suggest!! I am so scared due to those miss-happenings. I am a middle class earning person. Want to prevent me and my family members from her fake cases. We dont have any trust on girl's family people and they are much clever and cunning also. I have few questions in my mind: Girl knows my Office address. Can she reach and affect my job? Do she has some rights to get my 50% of the property i.e. bank balance/salary and other things. Girl already taken her gold with her and we have our own with us. We have video of that occurrence. Can she demand that gold also from us? Any other thing, what she can do against me/my family. After divorce also do i need to get worry that they can again harm me/my family in some way. She has our pics together. They can blackmail us sometime in future. Can i ask her to remove those also as we are getting divorced. Please help me and answer my questions.

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Adv Radhika Mehta (Advocate) 16 February 2018

Originally posted by : Anonymous

Now as per the settlement amount and her belongings. What precautions i should follow? Please guide me those all to me. They have not given anything in written rightnow. They can again increase the settlement amount/belongings. How can we prevent our-self from such incidents.

The only sure shot way of securing yourself is to somehow obtain these terms in writing and with her signature. Tomorrow even if she backs out, you have her intention in writing. You can suggest to execute a MOU.

In respect of whom (my wife/her father) i should give the bank cheque. Should we give amount only through cheque/NEFT or can do by cash if they ask. please suggest!!

The cheque has to be addressed in your wife's name. No cash. You need to maintain a record. Everytime you give her any amount, obtain a recieved signature from her.

Girl knows my Office address. Can she reach and affect my job?

Why would she do that? You have agreed to all that she has claimed. I would advise you to stop worrying on what she can do and work on getting evience against her just to protect yourself.

Do she has some rights to get my 50% of the property i.e. bank balance/salary and other things.

No such law as of yet.

Girl already taken her gold with her and we have our own with us. We have video of that occurrence. Can she demand that gold also from us?

Did you not obtain in writing from her that all her gold has been taken by her? She may claim in the future but the video will go a long way in protecting you.

Any other thing, what she can do against me/my family. After divorce also do i need to get worry that they can again harm me/my family in some way. She has our pics together. They can blackmail us sometime in future. Can i ask her to remove those also as we are getting divorced. Please help me and answer my questions.

You can put about the pictures as a clause in the Consent Terms. Why do you think that she is going to be interested in you after Divorce? Once she obtains money from you, she should move on. When the both of you have already spoken and agreed for a MCD, you need not be so paranoid.

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Anonymous 17 February 2018

Thanks Adv Radhika Mehta for informative reply.
It is helping me to make a passage to protect me and my family as well as giving guidance to me to follow such incident in our favour.

Once again Thank you!!!

Temptest (Self) 17 February 2018

"I have few questions in my mind: Girl knows my Office address. Can she reach and affect my job?"

Yes, she can make a clever false complaint to the HR of your company stating that you are not providing enough money for household expenses, and hence she would like to know your monthly salary. And the company is bound to provide such information as she has the right to know her husband;s salary as per judgement of the Suprement Court. The whole office will come know about your marital trouble and you will be looked down upon by your fellow employees. You may be even terminated as your company may anticipate future problems from your wife if you continue working there. However, if your wife provide false allegation that you phyiscally abused her or you were having illegal affair etc., then that could be used by you as a ground for divorce and you need not pay alimony! __

"Do she has some rights to get my 50% of the property i.e. bank balance/salary and other things."

Once a girl becomes your wife, she is entitled to everything you have. However, if the property is self earned, she cannot ask for a share till you die. But if there is a ruling by court that you have to pay one time settlement and you dont have money, then your property will be attached for settlement.

Girl already taken her gold with her and we have our own with us. We have video of that occurrence. Can she demand that gold also from us?

--No, she cannot, but you cannot measure a wife;s greediness. Keep the purchase bills ready for your gold After divorce also do i need to get worry that they can again harm me/my family in some way. -- file a separate complaint in the court and pray for your protection citing proper reasons. They will be in a trouble if they mess up with you!

She has our pics together. They can blackmail us sometime in future. Can i ask her to remove those also as we are getting divorced.

-- you are married once and you cannot hide that. What;s your problem if she uses the pictures?, she is going to be your ex wife. dont ask her to do these silly things like removing the pics... she will take it to her advantage and will try to extract money from you! Hold your Divorcee status as high as possible. you are an example of fighting a bad marriage with a brave heart and you will not be affected by your status. You will have a good lesson after this divorce. .....dont get behind... Get Married again taking all the lessons from this bad marriage!