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harassed_12345 (NIl)     05 December 2014

Urgent Assistance on Divorce !!

I am married for last 4 years. My wife does not have her parents and she was brought up by her relatives. I am the only son of my parents and for my happiness they agreed to our marriage. Since my wife belongs to avery poor family and having no parents marriage was solemnized at a hindu temple in a very short cut manner with no dowry and gifts exchanged.

After marriage wife refused to stay with parents and asked to take her with me at my work place. She also joined a job at my city and we stayed together.  We have a baby of 1.5 years which for the last one years is with my parents at their home as wife refused to take the responsibilities of mother and told me that she is more interested in doing job.

Later i found that my wife is having extra marital affair with her office mate and they have stayed together at hotels for 3 nights in same room.( I have hotel bills and i card of them which they submitted at hotel, even a ). When i asked about this she lodged a false complaint against me and my parents U/S 498 a, 506, 34 IPC. 

After investigation police has filed Cancelation Report in Court against the FIR as nothing wrong was found against me and my parents. Our baby is still with my parents , i am away from my parent home doing job and have no idea where is my wife after lodging FIR . Some times back i came to know that she in touch with police through Emails and telephonically and threatening them to drag in court as they have not done proper investigation. 

My Questions:

1. Since I have alreday applied  for Divorce (after 498 case) on the ground of adultery and cruelty , what are my chances to get rid of her ASAP. Since she was earning more than me , having a car also in her name and some saving also , I am not in a position to offer her any animoly.

2. What after police has filed cancellation report against FIR .

3. Can she claim our baby from me where as she has left her at my parents home where she was just 5 Months old. I dont want to handover the custody of child to her.

4. Can i also lodge a complaint against her for making a false complaint against me and my parents.

Regards

 

 



Learning

 3 Replies


(Guest)

Love marriage?  You are a Christian?

1. Since I have alreday applied  for Divorce (after 498 case) on the ground of adultery and cruelty , what are my chances to get rid of her ASAP. Since she was earning more than me , having a car also in her name and some saving also , I am not in a position to offer her any animoly.

If you want divorce urgently, move MCD application, she agree, you agree, you both free again in 6 months time.  MCD = 1 time alimony [lumpsum].  Pay her few lacs, she give you divorce.  IF she has deserted you on her own will, no need to pay alimony to her.

2. What after police has filed cancellation report against FIR .

There are no charges against you and co-accused, this forms a very good base for asking divorce.

3. Can she claim our baby from me where as she has left her at my parents home where she was just 5 Months old. I dont want to handover the custody of child to her.

She can claim baby out of greed of money, but as she left the baby since 5 months old and that you guys have been looking after it since then, custody wont be given to her, at the most she might get visitation rights.

4. Can i also lodge a complaint against her for making a false complaint against me and my parents.

 

You may try.

harrassed (SE)     05 December 2014

I agree with Helping hand on 3 questions. I'm not sure if you have any means to complaint about her (about she filing false complaints) Good luck. Helping hand could you please shed some light on the steps?

harassed_12345 (NIl)     25 February 2015

Dear Experts ,

I am not able to find the current address of my wife and her illegal partner , resulting  court summons are still unserved of divorce case , already 2 hearing has passed.( though she is showing interest in 498a case and was appear for challenging cancellation report in other court ). I have a little idea that she is in another city and doing job there.)

AS per law, proceeding on divorce petition cant be start unless service of summons are  done ( In may case 2 times court has given next date ..

my advocate suggesting about publication of summons in news paper by court order,,

Please advise as case is in court for last 6 months  but still no proceedings has started..

 


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