Cruelty against women, chances ?
Ajith
(Querist) 16 September 2015
This query is : Resolved
I have filed a divorce case in Dec 2014 against my wife after a 2 complete year of separated life, she is staying with my 2.5 year old daughter in India. I also filed a custodian OP. We married in 2011 and lived together for 1 year abroad. She had taken almost 6 lacks from me during this period ( of that 3 lacks has evidence -online bank transfer -and she has closed those bank accounts when I asked for my money ), she was very greedy and extravagant.
She is loyal to her mother only, she is not at all ready to adjust/compromise on issues, very aggressive character, we had a lot of fights since the day of marriage. She had manipulated everything in a favorable way in her petition.
She had left to India in Dec 2012 along with my daughter, when we had an argument regarding her regular bad behavior to my mother. My mother was came to stay with us to look after the new born baby.
I did not kept any contact with my wife after she left. But I tried for a compromise 3 times via my relatives/local politician/NSS members and a lawyer cum Councillor - this was to obey my family decision as they requested me to adjust for my kid. But Anyway it did not worked out coz she stood on the reason that, I have to avoid my parents forever and to stay with her alone. So I filed a divorce petition in Dec 2014. She did not attend 3 counseling sessions and the case is now directly posted for hearing in Nov 2015. Her reason for not attending counseling was "severe back pain".
Her stand is very clear, she will never let me leave her and will do all possible ways for holding me. But she dont want to live with, coz she only spoiled all chances for a resolution. But she's always sending messages like am the culprit and am not letting her to live with, even romantic messages. As she is extremely intelligent, am not getting what is her plan and what should I do now.
Now I fear that I will fail this case coz of the following reasons, I do not have an evidence for cruelty, only myself, my parents, sister and god knows what exactly her character is. I only have a 3 lack bank transfer receipt, and it cant be considered as cheating. She is well educated and was working in a school till Dec 14 regularly and resigned coz of the same "back pain" reason now and filed a family maintenance case against me asking rs 15,000 monthly.
She had pledged all her ornaments and deposited that money in a private finance along with the money she took from me, so she is getting almost 7%-10% interest MONTHLY its almost 75,000 per month, no documented evidences. Coz of this I did not pay any maintenance charges yet regularly. ( Only 5000 x 6 months paid till now ).
About the 3 private counseling sessions, she is now saying that it was only for threatening her to get divorce. She is also planning to reveal my new relationship in court. She is playing sympathy game with highlighting my daughter.
The issue is that, I am not ready to live with her even if the case is dismissed, as am fed up with her character & attitude, I cant even think of such a chance. Also for the last 6 months am in a relationship with the consent of my family and we are leading a family life abroad smoothly and happily. So if the case dismissed, this girl may do something unpredictable. This relationship has started almost a year back and she is a new employee in my company.
Coz of my fear in her character, I changed all my ancestral & own properties to my sister name to get ready for financial fight.
Can I have an advise how to move further ? Am very much tensed.
What I do if the case is dismissed ?
Sudhir Kumar, Advocate
(Expert) 17 September 2015
“Also for the last 6 months am in a relationship with the consent of my family and we are leading a family life abroad smoothly”
Please be clear on facts.
Sudhir Kumar, Advocate
(Expert) 17 September 2015
" I changed all my ancestral & own properties to my sister name to get ready for financial fight. "
Many smart people do this to ensure that wife doe snot get share.
Do you really think that your sister will revert back the property to you?
It is very difficult to return a property once coming in hand.
Sudhir Kumar, Advocate
(Expert) 17 September 2015
you say
"I did not kept any contact with my wife after she left."
You also say
"But I tried for a compromise 3 times via my relatives/local politician/NSS members and a lawyer cum Councillor - this was to obey my family decision as they requested me to adjust for my kid."
what exactly you want.
Sudhir Kumar, Advocate
(Expert) 17 September 2015
TRUTH IS VERY HURTING AT TIMES
you said
"she stood on the reason that, I have to avoid my parents forever and to stay with her alone. So I filed a divorce petition in Dec 2014. She did not attend 3 counseling sessions and the case is now directly posted for hearing in Nov 2015. Her reason for not attending counseling was "severe back pain"."
Medical reason is valid reason for non-appearance.
SO :-
she has no problem staying with you.
She is not going to stay with your parents
She is to blame because parents of bridegroom are never (NEVER) wrong. SO you will never agree to the same.
SO you also decided to leave country with another woman.
Your family has also already allowed you for such relation (GREAT PARENTS)
SO you are sure that the said woman, not even your legally wedded wife will stay with your parents while back in India and her family will allow.
You are sure that this second woman will not demand huge pond of flesh while departing.
You feel that divorce will be granted.
Sudhir Kumar, Advocate
(Expert) 17 September 2015
not clear what you mean
"She had pledged all her ornaments and deposited that money in a private finance along with the money she took from me, so she is getting almost 7%-10% interest MONTHLY its almost 75,000 per month, no"
while pledging gold one borrows money and pays interest. How it is that she is getting interest.
Sudhir Kumar, Advocate
(Expert) 17 September 2015
you also said that
"We married in 2011 and lived together for 1 year abroad. She had taken almost 6 lacks from me during this period ( of that 3 lacks has evidence -online bank transfer -and she has closed those bank accounts when I asked for my money ),"
not clear.
ideally there is nothing like "my money" and "your money" between husband and wife.
Rajendra K Goyal
(Expert) 17 September 2015
You are talking regarding her character, you are in illegal relation with your office colleague without divorcing her. This is crime. Do not try to justify all your steps, try to peep into your own acts also.
Have you ever tried to find whether she is having genuine medical problem of body pain?
You have given her money as husband, do not hope of return of the money, may or may not be having record.
She has pledged her ornaments, she has the right to do so it being her stridhan as you have not been paying her for expenses and she was ill, hence has to leave the job.
It is your liability to give maintenance till she is earning / remarry.
You have a poor case in your hand, consult some experienced lawyer.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 20 September 2015
Agree with expert n better explain full n true facts to local lawyer
