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harassed by 498a (Engineer)     17 December 2014

Cases after 498a

I am Btech with 1.5lac salary pm and she is MBA finance from ICFAI university, Marriage not consummated till date and also marriage not registered in Registrars and also in our community we dont have Taali but Yellow thread.

Aug 2010-Married NO DOWRY INVOLVED, Oct 2010-left matrimonial home, Apr 2011-RCR filed by me, Nov 2011-false 498a

Oct 2014- received summons and discharge filed by me which is going on currently as they filed 498a with lot of contradictions and they are denying their own statements now. Even if it goes to trial i have lot of proofs that all the allegations are false

Coming to negotiations

while 498a in Nov 2011 they demanded 25lacs for settlement, After 6 months they demanded 20 lacs through mediators, In May 2014 after all negotiations they demanded 9 lacs for settlement, Now i wanted to fight for justice and not for money.

Questions:

My question now is what are the cases they can file now, they are saying they will file crpc 125 and also DV. Is DV valid now?

if crpc 125 filed will she get any maintainence and how much maintenance she will get as she mentioned she resided with me only for 31 days and marriage not consummated and She is MBA finance.

I am loosing patience now and sometimes feel like giving the settlement amount as i am not able to trouble my mom, dad and sister.

We are thinking that she is unfit for marriage so she may not get married again. Actually no cruelty from anyone from our side and also she is a granddaughter of an ex-MLA. Please suggest what should be our next step to get out of this sh*t.



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 6 Replies


(Guest)
Originally posted by : harassed by 498a


I am Btech with 1.5lac salary pm and she is MBA finance from ICFAI university, Marriage not consummated till date and also marriage not registered in Registrars and also in our community we dont have Taali but Yellow thread.

Aug 2010-Married NO DOWRY INVOLVED, Oct 2010-left matrimonial home, Apr 2011-RCR filed by me, Nov 2011-false 498a

Oct 2014- received summons and discharge filed by me which is going on currently as they filed 498a with lot of contradictions and they are denying their own statements now. Even if it goes to trial i have lot of proofs that all the allegations are false

Coming to negotiations

while 498a in Nov 2011 they demanded 25lacs for settlement, After 6 months they demanded 20 lacs through mediators, In May 2014 after all negotiations they demanded 9 lacs for settlement, Now i wanted to fight for justice and not for money.

Questions:

My question now is what are the cases they can file now, they are saying they will file crpc 125 and also DV. Is DV valid now?

Yes, she can file 125 and also PWDVA 2005.

if crpc 125 filed will she get any maintainence and how much maintenance she will get as she mentioned she resided with me only for 31 days and marriage not consummated and She is MBA finance

Number of days stayed does not count in awarding maintenance, if she is unable to maintain herself and she proves it, then she can be awarded maintenance, but as she is able bodied woman, she may not be given any relief under 125 crpc.  But on the other hand you will have to pay interim alimony if she asks until the case gets over.

I am loosing patience now and sometimes feel like giving the settlement amount as i am not able to trouble my mom, dad and sister.

Think about it, giving settlement money is a very good idea, she will take back the case, agree for divorce, you will be saving 7-8 years time, and your parents will be relieved and you too will have less tension as the divorce will get over within 6 months or so under MCD.

We are thinking that she is unfit for marriage so she may not get married again. Actually no cruelty from anyone from our side and also she is a granddaughter of an ex-MLA. Please suggest what should be our next step to get out of this sh*t.

Nobody cares about what you think, the least the court and law.  One marries so that can get life partner, and not because one's grandpa is ex-MLA.  Dont file RCR, file directly divorce based on mental cruelty rightaway.  But be open to talks for one time lumpsum settlement, 9 lacs is also huge amount, bargain for a better price.  If they agree, then draft the terms and conditions of MCD properly, but if they change mind  and want to come back to you, dont ever let them come back.

1 Like

SuperHero (Manager)     17 December 2014

After Helping Hand’s advice which is very valuable.

 

Just my 2 cents.

 

You got married in 2010 and now we are end of 2014. 4 years of your precious time has passed away.

 

By this time your Parents should have been playing with Grand kids.

 

Bargain as much as you can and remember to draft terms and conditions in MCD properly and you will be free in 6 months as mentioned by Helping Hand.

 

With BTech degree you are earning 1.5 Lakhs per month gives me an idea that your are a Manager in a software company. So you should have good Management skills, Negotiation skills. Apply this and close the deal.

 

She getting married again is not your problem.

 

 

You will be stress and tension free and all your Family Members BP will become normal. Then find a suitable partner and get married. Good Luck!!!

cyberlawyer (barrister)     17 December 2014

@ queriest -

You need not answer this question if it is too personal in your view.

May i know what is the difference of opinion which arose between you two ?. From your query it seems that you are a more than enough earning person , qualified, educated and even she is highly qualified and both are financially fit. I am not saying that most of the couple who go for divorce suffer from lack of educational qualification or financial incapability and these are the main reasons for divorce. But i am eager to know. 

thanx 


harrassed (SE)     17 December 2014

@queriest

As Helping Hand adviced, you can buy peace of mind for you and your parents by just agreeing for the one time settlement and going for MCD. If you loom back already 4 years have passed by for just staying 31 days. Think if it is worth it? Finish of the cases and loom out for some one who is compatible for you. 

Good Luck.

ROHIT SHARMA (Legal Advisor )     17 December 2014

1. Be bold and brave and do not give in into such demands so that she will withdraw 498-A case as this was a counterblast after you had filed R.C.R.

2. Keep the R.C.R. proceedings going on. I assume she must have not appeared for such proceedings. Try and get an ex-partee  R.C.R. decree. Execute the decree on her. If she does not cohabit with your for one year and above then you can file petition for dissolution of marriage u/s 13 (1-A)(ii) of H.m.Act, 1955.  If she is an able bodied and educated women and capable of getting gainful employment she would not be entitled to claim any alimony. You can execute such R.C.R. decree u/Order 21 Rule 32 of Civil Procedure Code, 1908 and can have attachment on her property. 

3. The question of her filing complaint u/s 125 Cr.P.C. will not survive since she has deserted you on her own account and being capable to get gainful employment her complaint can be contested.

4. As for the anticipation of her filing D.V. case it is preposterous and will be difficult for her to sustain her allegations.

5. You have already filed for discharge in the case of 498-a I.P.C. This discharge application can survive.  You can also file special leave petition u/s 482 of Cr.P.C. before the H.C. to have such 498-A I.P.C. F.I.R. quashed. This too will survive if  advocated by brilliant advocate.

6. You can withdraw your R.C.R. petition since you say she is unfit for marriage and instead file petition for annulment of marriage u/s 12 (1)(a) ( voidable marriage) of H.M.Act, on the merits of the grounds of non consummation of marriage and in that event she would not  be entitled to claim any interim maintenance as she is able bodied, educated and can seek gainful employment and as well also not entitled for alimony.

7. Her father being an ex-M.L.A. should not pose any threat to you.

8. Feel confident and look up with your chin up and let not any force or undue influence or the security of your mother and sister deter you from giving her tough contest.

9. If need be for further discussion and consultation get my contact details by clicking my name shown in the L.H.S margin of this reply format. Moderate remuneration would be expected if you seek such private consultation.

 

harassed by 498a (Engineer)     18 December 2014

Thanks everyone for giving your valuable suggestions and to answer to the question of cyber lawyer, i could not tolerate that she did not allow me to approach her during 6 days honeymoon in kerala and it broke when when she wanted me to stay under her uncles house who manhandled me later with some goons.


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