Need clarity on filing divorce
Ashok Kumar M
(Querist) 04 November 2013
This query is : Resolved
Hi... I got married to an unscrupulous, unethical woman in April-2009. Her father is a police constable in Karnataka and after several interactions with him & his daughter (prior to marriage), I understood that it's the third rated family. Her father is the most corrupted police person in the town & got suspended several times! Despite this I had overestimated about this lady considering her education & I was succumbed to my family members' pressure and got clutched in her hands. This is the biggest blunder of my life! She is a qualified dentist but the so called tag of doctor/dentist is only in the vowels & consonents! She is disgrace to the noble medical profession and one could never find a quality of an educated woman in her. She has inherited all possible dirty, cheap & third class qualities from her slobbering father! Well, things were pretty cool for a while...but the main motive behind this marriage was money. She wanted to pursue post graduation (MDS) and for which her family wanted to use me as a financial source! Things changed after 6 months of marital life and her father started showing his police power on us. He used his own daughter to play games with me for money and created epic movies in my family. The routine events such as.... black mailing, blaming my family members, showing irritations etc... Finally no SUCCESS achieved. In retaliation, father & daughter duo did few frivolous & routine cheap tactics what other PIMP fathers (who do not hesitate to sell their own daughters' skin to others) do & mis use the law... They are:
1. First, On her father's instigation, she left my house in June 2011 without any intimation, communication (in the pretext of home sick...and would come back later). I was mentally prepared for all the events after seeing the black-buster movies played by her...under the direction of mega director - THE FATHER & her brother!
2. Her father metamorphsed himself to be eunuch & started sending/intervening through mediators. Several meetings were called on but this eunuch did not have guts to come forward! He conveyed his demands through mediators over the phone & and I did not budge an inch for his unscrupulous conditions (He wanted his daughter to wear pants in my house; He wanted my family members to be away from me; He wanted me to give my entire salary to his daughter etc.... & thus the money can be routed to his personal account! etc.)
3. Having faced the failure to get me in their control, She (rather He...the third class bastard & his ego) filed maintenance case under Sec 125 CRPC against me in the first week of Nov-2011 in her native town. The notice was served to me at my office thinking that I would get scared
4. After 30 days, i.e. on 30th Nov 2011, she (he) filed 498a, 506 & 3&4 DP Act in local police station in Bangalore. She included all my family members (Parents, 2 brothers, 1 sister & my brother in law; None of these people ever lived with us in Bangalore)
5. I went to police station and none of my family members were arrested. I got the bail on the same day...and after a week, all my family members also received bail.
6. Later, Police removed all my family members' names from the charge sheet except mine. They are exempted from attending the court proceedings.
7. Both 125 CRPC & 498A are being contested in Karnataka in two different places. 125 CRPC in her native place (60 KMs from Bangalore) & 498A in Bangalore. No further proceedngs ever since they were filed other than me presenting in front of the judge
8. 125 CRPC - Her evidence is over; As usual, she acted under the direction of her father! Judge gave a her a chance to join me...and she agreed for that. I accepted the proposal and was with all my family members in front of the court to take her back. The moment she saw my family members, she took a back seat and changed her words.
9. Recently, she got her post graduation (MDS) admission somewhere in north karnataka and for the last 5 sittings, she is not appearing for 125 CRPC trial. Now the case is posted for cross examination
10. Her father comes for every trial and pleads the court to postpone giving excuses that 'she is not well, she has exams' etc.
11. Last time, the judge gave a strict warning to him that next time if she doesn't appear for cross examination, the case will be dismissed
In these circumstances, I need few advices from the experts....
A. Marriage was solemnised as per Hindu traditions in her town. No dowry, gifts, favours OR any other benefis accepted from their family. We never wanted!
B. Post marriage, we lived in Bangalore until the separation (June 2011). Thankfully we have no issues.
C. We have been separated for 2.5 years now
D. She will not turn up & join me for another 4 years considering that she is pursuing her masters degree
E. My native place comes under the jurisdiction of Chittor district (AP) family court. My town has a small JFMC.
1. Can I file a divorce in my native place (i.e. Andhra pradesh)under the grounds of cruelty, dessertion?
2. I some times believe that if I wait until the 125 CRPC is closed, I will have better chances of contesting in Divorce case! Is this correct?
3. By filing the case in Andhra Pradesh, I would want them to travel all the way from Karnataka to A.P. The chances of they descending down for mutual consent divorce/separation are higher! Is this the right approach?
4. In 125 CRPC, the court has understood that she was creating the story & observed my willingness to take her back into my life! My evidence is not over yet! Now, her father is not willing/daring to send her back. If I stand by my consent to take her back, what are the chances of her case getting dismissed?
5. I am already 38 now....and the chances of getting married again is diminishing. If I go for clandestine marriage without any proof, would that work? Some of my friends are suggesting me to keep everything confidential & save life
6. In this situation, what will be the maintenance amounts that court can reward to her?
7. She doesn't deserve any forgiveness as she has broken the trust knowingly. I won't be safe to live with her again in my life. What are the other means through which I can come out of these clutches easily.
Kindly advise me... I will be grateful to you if I receive a personal reply at mashok_kumar@yahoo.com
Dr J C Vashista
(Expert) 05 November 2013
Please be brief and/or engage a local lawyer
ajay sethi
(Expert) 05 November 2013
dont make the mistake of marrying again before getting a divorce . your wife will file case of bigamy against you as you have married during subsitence of earlier marriage .
if you file case in AP and your wife is residing in karnatka she will file transfer application in SC for transfer of case from AP to karnatka . the convenoinece of wife is taken into account by courts as she would have to travel long distances for each court hearing .
R.K Nanda
(Expert) 05 November 2013
consult lawyer personally.
Rajendra K Goyal
(Expert) 05 November 2013
1. You can file If cause of action occurred at that place, but the case may be transferred at the request of wife to her native place.
2. Both cases are separate.
3. The case can be transferred at their native place on her request.
4. Let the case be decided.
5. You should never marriage before divorce, it will land you in bigamy case.
6. No comment.
7. No comment.
Ashok Kumar M
(Querist) 05 November 2013
Thanks Ajay! Wife is studying PG in a different city which is 500 KM's from Bangalore. Her native place is 60 KM's from Bangalore. My native place is just 100 KM's from Bangalore. If I file the divorce petition from Chittoor, A.P., she will have to transfer the case to her native town..which is 40 KM's from my native place (Since I live in the border of 3 states - AP, Karnataka, TN). Whether the case is transferred to Bangalore OR Kolar (her native place), both will be convenient for me! At least, I want to give her the pain to travel to my place. My concern is - when everything took place in Bangalore, can I file divorce case from my native place (though we have not lived there)? I am unable to get the clarity from the local lawyers...& each person is giving varied versions! The intention behind this is, she would definitely not want to contest the case in A.P. and she will not be able to travel. She will have to find a local lawyer in my place. Being so impatient & studying in a college, my presumption is that she would certainly seek a mutual consent divorce with one time settlement. I can file a case from Bangalore too (which is equally inconvenient for her)...but would want to take advantage of my place. Seeking your opinion...! Thanks in advance!
ajay sethi
(Expert) 05 November 2013
19. 1[ Court to which petition shall be presented. Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction--
(i) the marriage was solemnized, or
(ii) the respondent, at the time of the presentation of the petition, resides, or
(iii) the parties to the marriage last resided together, or
(iv) the petitioner is residing at the time of the presentation of the petition
ajay sethi
(Expert) 05 November 2013
you have not mentioned where your marriage was solemnised . you have stated that after marriage you resided with your wife in bangalore .
you can file petition in bangalore . you can file petition for divorce from your native place if you are staying there at present . you cant file petition from Chittoor AP
Rajendra K Goyal
(Expert) 05 November 2013
Agree with the expert ajay sethi ji, nothing more to add.
