DD 14 May 2016

Divorce case : need urgent suggestion!!

Dear Law Experts,

This is to seek your suggestion on my situation.

I'm a 28 Year old guy from Haryana, got married in Dec 2014.

I used to live alone with my wife in Noida since start of my married life.

We are living separately since May 2015 due to conflicts and over interference of my wife's family in my household.

I tried to have a conversation with my father-in-law regarding the issues I was facing, instead of speaking directly to my parents. But unfortunately the first conversation I had with him after 5 months of my marriage wasn't something I ever expected from my wife's father and he said he will take a call if this relation will work or not.

Later my parents constantly tried to reach him and asked him to sit together and discuss instead of hyping things since our kid's lives are getting spoilt.

(Panchayat 1) In Oct, 2015 he gave time to meet in the Panchayat wherein they argued over very minor things which actually made panchayatis smile.

(Panchayat 2) In Dec 2015, Panchayat had one more sitting, wherein me and wife were made to sit together and discuss, unfortunately she rejected my option to stay with my family and may have to leave her job if her job will impact the family life.

She rejected the option and signed the Panchayati decision for getting separated.

It was decided that they will take -

3 Lakh Cash in lieu of filing a mutual consent divorce in court. They took away her belongings from Noida next day.

But when her father was asked to give the date for filing divorce, he denied and asked for more money.

Initially asked for 10 lakhs, then 15 lakhs and now he is trying to threaten my family that he will file the case in court if we don't agree to pay him the money.

Request you to please suggest on following queries and help me in making a good decision for my family -

I have collected following things for expected help in worst case scenario -

1) Note on a stamp paper signed by his father and mother that no dowry was invloved in this marriage

2) Phone Recordings in which his father elaborated the issues which he felt his daugther is facing in my home

3) Panchayat decision signed by 12-13 people (mix of their and my panel)

4) Hand written and signed paper alongwith videography supporting that they have taken all their stuff

5) Supporting SMS/Whatsapp records

Request you experts for helping me decide best possible way to get out of this since thi has now been taking toll on my family's health, frustration and social status -

1) What should be my next step?

2) Will I need to pay any money/alamony since my wife has been working sine last 4.5 years and earning 50K per month?

3) Can the mentioned collected proofs be helpful?

4) Can I do something to safeguard my family since they are into Govt job?

5) Am I liable to pay the list of expenditure they saying they made in marriage (10 lakhs)? Will court ask me to pay this? Please note we spent around 20 lakhs in this marriage.

6) Welcoming, any other suggestions

Please See - It was stated in Panchayat 1 that there was "No Dowry" demand or any "Arguement / Harassement" from husband's/his family's side.

Reply Follow

4 Replies

Vijay Raj Mahajan (Advocate) 15 May 2016

File for divorce against the wife on the ground of cruelty on whatever evidence and history of the case up to date you have, you have good case in hand.

As far making false criminal complaint against you for dowry demand and domestic violence is concerned that they may do but it will not help them rather that enhances chances for your obtaining divorce from her for false criminal complaints made with authorities.

As far expenses in marriage part that is their onus to prove, rather it is well known fact the expenses for marriage is being borne by both parties either on individual basis or jointly, it is not their expenses that will be taken in consideration, your expenses too will be checked and considered by the court.

No maintenance for her as she has means/job with good salary 50K, to maintain herself.

1 Like

DD 15 May 2016

Dear Vijay Sir,

Thank you for your response.

I'm actually confused because most of the people are advising us to settle it out of the court by paying them money, since court proceedings will take a lot of time and will affect me and my family further.

I'm really disappointed to understand the way our law structure works in these cases. I've came to know that girl's advocate will write any kind of false allegations in the FIR which we might haven't ever thought of.

Also even if I file a Divorce case first, they will surely file atleast one case in return as a ripple effect.

They have the right to get the case transferred into their constituency, which means we will have to travel 225 KMs for each hearing in these cases plus the full time harassement.

I want to do a lot but I'm afraid since my dad is a Govt. Officer and any charges against him will have impact on his service as well.

You think any way out considering abovesaid concerns?

Thanks a lot in advance.

A walk alone (-) 15 May 2016

First of all stop fearing and be bold to face problem. You have many evidence and you are fearing. Nothing will happen to your father job. File divorce with these evidence. If she file any case on you nothing will happen you have panchayat decision, her father mother signed stamp paper show them to police. You dnt have to pay her a single money.file divorce on cruelty . They can only harass you as long as you have fear. If they file any case file quash at initial stage.

1 Like

Born Fighter (xxx) 15 May 2016

Life mein kuch logo ko sabak sikhana jaroori hota nahin to woh aapko barbaad kar denge. You need to stand up and fight these crooks.

You have a very strong case in hand and the opposite party is aware of the same.

However they have a trump card in their hand and that is FEAR. They seem to have getting good results in instilling fear in you. You reverse the same on them and see the effect.

Dont surrender upfront and also Dont waste time in court as it takes many years to get results. Start the fight and settle the issue through MCD when the opposite part is willing to settle at 3-5L would be my advise.