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Pooja_____ (HR)     08 February 2012

Want to avoid/stop divorce

Within one year of my marriage, at the instigation of my in-laws, my husband started demanding dowry, which I refused. Then he started living separately from me. When he repeatedly refused to join me, I shifted to my parents house. After two years, he filed div case and I immediately filed 498a case. He got my app u/s 24 dismissed by claiming that he earns less than me. He is a CA and earns a lot. His divorce case was dismissed in lower court. He filed appeal in high court. Now Court has dismissed my 498a because of lack of evidence. My lawyer says that husband will get divorce. I request this forum to advise me on how to avoid/stop divorce. I am ready to live with him. If divorce is granted then I want him to pay me for ruining my life. But he is not ready to live with me and give money.



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 12 Replies

**Vikram** (Managing Partner)     09 February 2012

Once you filed 498A, chances of living together again is completely ruled out....

 

What do you expect..huh? You want him to go to jail and then again stay with him..or want his money? Great..

You think 498A is a joke? (No wonder)

 

Once the court has dismissed 498A, no one in this world will believe that he demanded dowry...

 

He has filed only divorce, I would have filed all criminal cased agaist my wife, for filing a false complaint and sent her to jail for 7 years...

 

If he now files perjury (section 340 CrPC) aginst you, and proves that you have lied, then you go inside for 7 years..be very careful..

 

it is better to leave things as they are and start managing your own life..rather than disturbing your soon to be ex husband..

 

Vikram

 

1 Like

**Victim** (job)     09 February 2012

If court has dismissed 498 (A) then for sure you didn't had any reason to prove that there was any dowry harassment involved. Nowadays 498 (A) is harassment to husbands itself and one should understand that once you trigger that case you have to give up all your hope to leave with him again. Just think of it if your husband tolerated 498 (A) harassment and if he is still willing to divorce you that means you were not successfull to stop him neither  you can stop him no matter wht cases you file against him. Yes you can get maintenance U/S CRPC 125 only if he neglected you or deserted you without any reason but for that also you will have to go through court system for couple of months and pay for litigation to your lawyer. There is no law that can force anyone to live together. It's Simple (Either Pay For It or Bare With It)------> Seems your husband will end up paying you only if you have any valid grounds to prove that he neglected you or deserted you.

1 Like

(Guest)

Why did u file 498a when u wanted to live with him. Didn't your common sense prevail before filing criminal case on him ?
Your already getting good salary so stop begging for husbands money.


Plz don't file false cases again.........

 

1 Like

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     09 February 2012

Better compromise and live separately in peace. Since for getting monetary benefits is also a long story.

**Vikram** (Managing Partner)     09 February 2012

I Can Guarantee that she will not get any maintenence...because..the court will think that she wrongfully implicated the husband in a false case...

 

If he takes up the case properly..she will not even give her a single paisa...

 

I, not being a lawyer , with my minimum knowledge, can get her 125 Dismissed...with the facts that the 498A was dismissed and she is earning...there are 100s of judgements to support me..

 

Vikram

1 Like

Chaitanya_Lawyer_Mumbai (Lawyer)     09 February 2012

He has got your app u/s 24 dismissed by claiming that he earns less than you,now he can dismiss your crpc 125 as well with the same arguments,if at all filled by you.

He might get divorce in pending appeal to high court with fresh cruelty charges of acquital in false 498a.

Now better get Mutual Consent Divorce from him to avoid getting divorce decree against you,which will not be good for your future prospects. 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     09 February 2012

Dear Querist I also agree with JSDN

Pooja_____ (HR)     09 February 2012

Because of dowry and subsequently ego issue, he started living separately. Instead of living alone and waiting for his return, I went to my parents place. My only mistake was that I thought one day he will realize his mistakes. He filed divorce on false allegations of desertion and cruelty, which were not accepted by the trial court and his divorce was rejected. Even if I had not filed 498A, he had spoiled by life by deserting me and filing divorce. Even then he is not ready to pay me any money claiming that when wife is earning, then husband does not have to pay any alimony or maintenance. Is this justice to desert wife because of dowry and ego issues and then deny her maintenance or alimony?

 

Chaitanya_Lawyer_Mumbai (Lawyer)     10 February 2012

You have mentioned that he moved for divorce after 2 years of separation due to ego issue.

Why he waited for 2 years to move to court for divorce? Generally a person files for divorce within a year.

was he also not hoping for reconciliation?

Did you made efforts for reconciliation in those 2 years?

Why you did not filled for RCR / Maintenance during those 2 years? 

Why you immediately filed for 498a after divorce was filled?

Why you waited for 2 years if dowry demand was done 2 years back? Was dowry given before marriage?

Pooja_____ (HR)     11 February 2012

He demanded a property on the pretext of busines, which we refused. During those 2 years, I tried to reconcile and live with him but he kept on delaying. I did not know that he was planning to take my stay with my parents as  desertion for the last 2 years. I had gone to my parents house only after he left me. He was not having any ground of cruelty. He filed divorce on grounds of desertion and cruelty. I always wanted to save marriage and live with him.

Should I file RCR now?

Janhavi (Resourcer)     11 February 2012

P AROARA,

MY ADVICE IS .......PEACE

U BOTH NEED MATRIMONIAL COUNSELING

I AM HERE TO HELP YOU...RIGHT THING U R DOING IS SAVING MARRIAGE !

 

Chaitanya_Lawyer_Mumbai (Lawyer)     13 February 2012

RCR will not be granted to you now after his acquital in 498a.

Why he did not demanded the same property in those 2 years if he was so particular about the demand?

Demanding something once does not amounts to harassment.

why you wish to live with the person who has commited the crime of demanding dowry?

how the same crime became worth 3 years imprisonment as soon as he filed for divorce?


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