Krishnamurthy (Nil) 23 January 2016

Can we acceppt her divorce petition and get divorced?

My daughter-in-law deserted her husband (my son) for the second time and filed DV case against me and my son in one Court asking huge amount of Rs 5 Crores in the name of monetary relief and filed Divorce case in another Court in Chennai both in March, 2014 all with false allegations misusing the Women Protection Laws. We have good evidences to prove her allegations as false whereas she does not have even any single proof for any of her allegations. The cases are going on.

Earlier, in the year 2010, she deserted her husband for the first time and filed false 498A case in Madras High Court against my son, me and my wife. During the mediation, she admitted that she filed false 498A under the ill-advice of her parents and admitted that my son and his parents did not ask for any Dowry, that they looked after her very well and that she wanted to continue to live with her husband and also gave a written Affidavit admitting all these facts to the High Court. The Hon'ble High Court subsequently quashed the said 498A case filed by her.

Now my daughter-in-law has filed an Interim application in the Court, where her Divorce case is going on, for huge monthly maintenance for her and also for her 4 year old daughter living with her, huge yearly educational expenses for her daughter and huge amount for her legal expenses (for her both false DV and Divorce cases!). We have also filed two petitions in this Court, one for Child Custody and another for Recovery of Articles.

The girl is not willing to go for MCD and trying to extort huge money.

Under these circumstances, can we accept for Divorce without admitting her allegations and averments contained in her Divorce petition and praying for deciding on our two petitions for Child Custody and Recovery of Articles before passing Divorce decree? Can we continue to contest DV case on merits after getting Divorce Decree? Since, we have lot of evidences to prove her allegations are false in the DV case, will the judge dismiss her petition without passing monetary relief to her since she has deserted her husband on her own will and accord without any valid reason and filed DV case with false allegations?

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6 Replies

Vijay Raj Mahajan (Advocate) 23 January 2016

Your facts are totally mixed up and you seem to be confused, unable state what you are looking for.

The child physical custody for small child is usually allowed only to mother and father gets visitation right on regular basis, only in circumstantial cases the father is given physical custody, in your case too, the mother will keep the child custody with her, father and his parents will have right to visit the child. The maintenance for child has to be paid by the father of the child that too the court will fix.

The articles given to the wife at the time of marriage by her husband and in laws become her Stridhan that only she has right to possess, these will not be returned back to the husband/in-laws, only article that was not given to her but she had taken from her husband’s house may be ordered to be returned but that she took were owned by him/his parents without his/their permission has to be proved by the applicants not her.

The wife is entitled to maintenance even if she is staying away from husband if she has no means to maintain herself, no income, no property for making income etc., usually wife with lower income are allowed maintenance if husband has higher income.

The divorce petition of the wife will not succeed with given facts and circumstances but independent divorce petition of husband on the basis of cruelly by the wife by filling false criminal proceedings under section 498A IPC that was quashed by the High Court, seems to be good ground for allowing divorce to him.

These are few real situations that I have pointed out to you on the basis of whatever you stated in your question and tried to explain to the public in general.

Krishnamurthy (Nil) 17 May 2016

If my son submits a "No objection for garanting divorce without admitting her allegations and averments" letter to the court where my daughter-in-law's divorce petition and her Interim Maintenance petition are running and if divorce is granted, does my granddaughter, now 5 years old, have any right for claiming any property of mine or my son in future when she attains majority? Does my divorced daughter-in-law also have any rights on our property now or later?

Manju 17 May 2016

Am from Karnataka. My wife seeking divorce from me even though i take care in seperate house and without any my familly members. I had spent areound 3 laks and given education (MCA) Master degree after marriage. i have 3 year male kid.

So, please tell me whether, she is elegible for claiming my property of which in my father & mother name and my name.

Krishnamurthy (Nil) 17 May 2016

Please read in my posting above. " If my son submits a "No objection for granting divorce without admitting her allegations and averments" letter.......

Krishnamurthy (Nil) 17 May 2016

Further to my above postings, I would like to clarify the following points with a request to give your advice.

1. My daughter-in-law is a B.E graduate, but sitting idle and her parents are rich.

2. Her 498A was quashed since she admitted in the Affidavit filed in High Court that she filed it under the pressure of her parents.

3. Now she has filed both DV and Divorce petitions on two different sub-courts without any evidence for any of her allegations whereas we have lot of evidences to prove that her allegations are false. We are contesting both.

4. By giving a No Objection letter for granting divorce without admitting her allegations and averments, my son will get divorce. Kindly advise whether getting divorce in this way is better which will save time or should my son file a separate divorce petitio based on quashing of her 498A on the basis of cruelty by his wife? After getting divorce, my daughter-in-law may go for parmanent maintenance u/s 125 Crpc, but if she claims both maintenence and alimony, is she eligible for both? Do my daughter-in-law and grand daughter have any rights on our property after divorce now or later apart from maintenece? We can fight for no maintenece for my daughter-in-law since she has deserted on her own will and accord. If maintenance is allowed for my grand daughter, can it be stopped after her attaining majority at her age of 18 years?

Vakalath (Vakeel No. 1) 18 May 2016

Agree with above Ld, Vijay Raj.

He has given sound advice.

Regarding property, your grandchild can claim both from her fathers property and also your property if it is ancestral in nature.

Your case is way too complicated.

Usually in cases like this I suggest litigants to go for settlement, bargain for good price, pay it and take divorce, get rid of headaches.

Rest all need to be discussed in person. Online forum not suitable for giving detailed advice, as there is chance of opposite party knowing your move.