Vin (na) 11 June 2013

Out of court settlement or divorce?

Background:

My uncle is aged 58 years, widower living alone in his own house, salaried, only son working outstation. He married a divorce aged 42 years, divorced around 3 years back, divorce by mutual consent, two children, both the children custody with husband, and no compensation received. This was an arranged marriage and registered under Hindu Marriage act around Jan’13. My uncle had clearly expressed that he is marrying only for the reason of companionship in his old age and that he will not be able to perform conjugal activities. She acknowledged the same and convinced him that she is marrying only because she needs food and shelter of a family. All expenses of marriage borne by uncle, she just brought her clothes from her father’s house. Within a week of marriage she started behaving violently and started demand for jewellery and property to be bought in her name and also started forcing my uncle to involve in conjugal activities even after my uncle had repeatedly expressed his inability to satisfy her conjugal needs due to his age. She started abusing him verbally, indulged in character assassination by calling all our relatives and proved to be a control freak. When he went to work she started calling him repeatedly there and abused him a lot. Within a couple of weeks she started residing to suicide threats with suicide note stating which will ensure that my uncle will be jailed. All this within happened within a month.

.My uncle was in state of mental shock and trauma. When things went out of hands she went to her father’s house and stayed for two months. Meanwhile I tried to enquire about her 1^st marriage and found out from the children’s guardian that she is a real control freak and that the threatened to kill the children with a knife in the streets due to which the marriage ended and the children are terrified until date even by the thought of her. After learning about her past we could not imagine what she would do to my uncle. Then both approached a lawyer for counselling and both agreed that it was not possible to continue the marriage and she asked for settlement. She confronted in front of lawyer that she resorted to suicide threats. The lawyer advised that the Mutual consent will not be possible within 3 months so asked both to remain separated for some more time and again meet her to decide the further course of action. She took most of her belongings to back and my uncle took a break from his work and went to his son’s place. Now two months has passed since the advocate meeting. She has recently started to call his son regularly and started asking for compensation and settle the matter immediately. She has also started to threaten that she will file a police complaint if matters aren’t sorted out immediately. When asked as to how much compensation she is expecting she hasn’t quoted a figure. She is insisting that my uncle disclose his figure.

This looks like, her only motive is to make quick money.

There are various suggestions in our family

Option1 – Compensation and MCD: To go for a quick solution and get over with her by agreeing to pay compensation by taking the help of a lawyer to bring down the settlement amount. And then apply for Mutual consent. But when approached to a lawyer, he clarified that her motive is only money so initially she will agree but when we have to go for second and final hearing she will demand more. So he said that he can’t help it if she rollsback.

Option2 - Divorce: To file for a divorce and not to give in to her demands.

Now my Questions:

Q1) Is it possible for her to file a police complaint? If Yes the under what grounds? How to prepare for that?

Q2) What is the best possible manner to execute Option1 ensuring that she does not rollback?

Q3) What are the applicable grounds by which divorce can be filed for the above case?

Q4)Uncle had done a settlement deed of his house to his son. Only the settlement deed as been made but the patta has not yet been applied. Uncle lived in that house with this woman for a month in that house (temporarily staying at his son’s place). Is it possible for her to ask a share of that house?

Thanks for your valuble expert opinion and patient reading.

Reply Follow

5 Replies

Prashant Ghai (Advocate) (PrashantGhai.com) 12 June 2013

1. She can very well file a DV and 498A complaint. The norm these days.

2. & 3. If MCD not possible, then go for a contested divorce on the ground of mental cluelty. Plethora of recent and old judgments in support.

4. I don't think so.

www.advocateprashantghai.com

Vin (na) 12 June 2013

@advocate prashant: Thanks for your guidance

1) What precautions should my uncle take to prevent DV and 498A? My uncle has spent so much money bcos of the woman (from marriage till date). He hasn't even answered or scolded her back.

2) Can she file 498A on uncle's son and his daughter in law (498A on her stepson?). They are living in another city and has no contact with this woman since marriage.

3) Just a wild imagination: if the woman does file a 498A or DV on my uncle. Can my uncle's daughter-in-law file same 498A back on the woman? Not "eye for an eye" but the sole intention here is to get a leverage in order to make the woman take back her 498A complaint on my uncle. Is der a remote possiblity for this to work?

4) Pls clarify the ground of mental cruelty divorce filing. How does one prove mental cruelty?

Prashant Ghai (Advocate) (PrashantGhai.com) 13 June 2013

1. One can not do anything to "prevent" filing on DV and 498a. All he can do is start gatering evidence which may support him in proving wrong her DV and 498a allegations.

2. Although she can rope in anybody and everybody in her in-laws. But in this situation, even if she does, it won't hold any strength in the court. (Judgments)

3. No, that can not be done.

4. An answer to this question requires an in-depth understanding of the whole situation. Beyond the scope of this forum/online help.

advocateprashantghai.com

Alwin (PM) 26 June 2013

Option 1 is the best one always but make sure that the actual transfer of transfer of properties and money etc should happen only after court allowed MCD. Either make agreement in writing with this condition or handover the property to mediators. Otherwise after taking all, she can simply walk out of the MCD and and file divorce case against you.

Vin (na) 29 January 2014

Originally posted by : Adv. Prashant Ghai

2. & 3. If MCD not possible, then go for a contested divorce on the ground of mental cluelty. Plethora of recent and old judgments in support.

@ Adv Prashant Ghai: Thanks for your timely replies. I have more updates and I need guidance. Following the repeated calls from the lady demanding maintenance even after my uncle, he served a legal notice asking for mutual consent after a waiting period of one year(from date of marriage) or a divorce proceeding. The lady's family had received the notice and signed the acknowledgement, And surprisingly the threatening calls stopped coming after this. Almost 10 months passed and there was no reply to the legal notice. So we moved on to prepare the case and the advocate has sent us a draft which says divorce on account of mental cruelty.

Q1) What happens next i.e after filing the case? I know its going to be a long long journey. Pls clarify!

Q2) What preparation is required from my uncle side to prove mental cruelty?

Q3) My uncle's house was locked up all this time. Now the advocate has advised that he can go back to work and to his house after filing of the case. But my uncle still has his reservations that knowing he will be alone, she could again try her conspiracy? Does an ongoing case will be of any help if she would try to forcefully enter herself into his house? Or any drama she might orchestrate?