HelpMePlease (Sr. Software Developer) 01 December 2014

Need urgent help please

Im orphan and staying with my little sister which is studying in collage. My marriage now completing 2.5 yr. After 1 yr of marriage my wife filed 498a on me. Case still in police station and chargsh*t not submit to court.

Recently my wife and in-laws contacted me. And wife said “I want divorce and don’t want spend yr in court for divorce and my demands are just return my goods and jewellery and you don’t need to pay me marriage expense and other money”. I agree on that and asked her list of goods that she demands. But on second meeting she changed and told me”I don’t want goods, instead of that give me money and also I want marriage expense”. Total she demands 7lac+her jewellery. And also threaten me if I don’t pay then she will file DV against me and my sister.

I’m working as a Software Engineer. She also works as Quality Engineer in reputed company.

I’m only source of income, I have responsibility of my little sister. And due to 498a my financial condition also very weak.

Form past 1 and half yr, She staying with her family including Mom, Dad and Big brother(not married yet almost my age).

So I need help from you all. Please guide me what should I do. I feel very helpless and alone. Please help me.

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3 Replies

(Guest)

All this is headache. EIther give her back her goods, pay her lumpsum and get MCD in 6 months time. Or if you can arrange 7 lacs, bargain for price for your freedom. If you cant spare a penny on MCD one time settlement, then face the situation as it comes. Face all cases she is going to file. You can also file RCR and ask her to come back to you, if she wont come back, then you win RCR, based on wining RCR you can file divorce based on desertion and cruelty of filing 498a. Thats the only way forward.

If you dont want to do all of the above, go talk to wife, and listen to what she tells, she take back all false cases on you. There wont be any need of paying her money, you can continue happy married life with her.

Jatin Mittal (Corporate Lawyer) 01 December 2014

If you believe that you have not demanded any dowry from her or has not committed any kind of domestic violence on her, then dont accept her contention that she does not want to take the headache of going to courts for years. Rather you take her to court and prove yourself right. In case, she is also qualified and earning her living, then you need not pay her any kind of maintenance. Also, on what basis she can ask for the marriage expenses. You ask her to prove with the bills that she has incurred that much amount on her marriage. I understand that being a common man you are afraid of going to courts and is not aware of taking steps during informal conversation with her or her family. You put this argument of providing the bills to you, I believe that she will refuse to provide any such bills and then you may ask her to file the case. If you have not committed any wrong then I am sure she will not take you to court.

T. Kalaiselvan, Advocate (Advocate) 05 December 2014

If she has filed 498a case against you and has come for a compromise after that, do not budge to the pressure of heavy demands made by her to withdraw or give mutual consent divorce. You ask her to stick on to her previous version itself that you will return her jewels and the goods if not to compensate for the goods held in your possession. The marriage expenses cannot be returned because it has been consumed and not taken away by you, however, if the expenses are reasonable amount, you may agree to return the half amount of expenses incurred. Bear it in mind that there is no pressure to act accordingly if you are right in your deeds.

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