Devorce case

Dear sir ,

I am mechanical engineer. I got married in 8may2012. My wife's family background relates to criminal & polytical.Right from the first day of marrige my wife was underestimating my family members.she was threatening to my family members saying that "her father & brothers can beat ur total family.I dont want to stay with your parents"In this one year duration she left my house many times her father & mother always used to get  her carry her from my house.When i was trying to get her back in my house her relatives were abusing me.In such one incident when i went to her father's home to take her back they beat me badly in that conflict my chest rib got fracure. I have made police complaint against them in their city.But now many peoples are saying me that they can make 498a against me & it will be very dangerous for you.Sir please suggest me what should i do to avoide 498 or should i file devorce case.

u must correct your date of marriage to 2011 after completing this may u may file a divorce petition under the ground of cruelt ..... u do not worry about 498a ..  to u r father in law political party leader......... you may informed u r position ..... and also informed your bad position to media

Thanks sir . Yea my marriage date is 8 may 2011.But if i will file a devorce case either i will have to give her some big amount of money or alimony , because she is 5 month pregnant . I dont have that much amount to give her.

Did you file a case u/s 325 IPC? File for divorce now on ground of cruelty.  Keep safe with yourself the copy of the complaint you made to the police. It would be a testimony to the fact that the wife and not the husband has been cruel, and the case under 498-A is an afterthought on the part of the wife filed with the ulterior motive of harassing you and your family members. She would not be entitled to any maintenance if you succeed in proving that she is cruel or that she left the matrimonial house without any sufficient cause.

Regards,

Ashish davessar

Delhi, Chandigarh

08427414792

Yes sir i have made complaint under section 325,323,504 & 34 aginst my wife's father,brother & her cousin who is lawer. Right now i going through worst phase of my life ,before this i never seen police station.I had to lost my job which i was working in nasik because my wife stays in manmad & this city is close to nasik thats why by considering their menace i left my job.Now I am helpless. My parents just cry by seeing me.My lawer has filed devorce case but the court has hold it because my marriage has not completed one year duration.Now i will have to wait till june.

Don't worry. Take this in your stride and be prepared for a tougher battle ahead, which is fought diligently would culminate in your victory.

How to go about it?

You have resistered the aforesaid cases against them. It means that as and when 498-A is filed against you, you can show the copies of the FIR and the complaints you have made against your wife and in-laws. May is not far away. In the meanwhile you have to tread very tactically. Withdraw your divorce epetition for the time being and wait for the mariage to get a year old. In the meantime don't enter into any confrontation with your wife or her family. Try wooing them over to your side by offering to save the marriage through conciliation. Once the marriage gets a year old, file for divorce immediately on ground of cruelty. If, thereafter, she files a case under 498-A, it would be easy for you and your family members to get anticipatory bail and the judge would form an impression that 498-A is a counter case resgistered by her in the backdrop of the FIR and the divorce case you have filed against them. Her case would not stand ground in the court.

Feel free to talk for more.

Regards,

Ashish Davessar

Advocate

Delhi, Chandigarh

08427414792

Thank you very much sir for your valuable suggestion & the time you have given.

1) Sir if the case i have filed aginst them under IPC 325 i lost it then will it create problem to my devorce case?

2) & i got married in manmad which is her home town & last time i was staying with my wife in nasik which is district of manmad. Basically I am from jalgaon so can i file devorce petition in jalgaon district court.?

1. It will not. Both are different matters and operate in different fields.

2. You can file it at Jalgaon but she can get it transferred to her place. Better file it at Manmad.

Regards,

Ashish Davessar

Advocate

Delhi, Chandigarh

08427414792

Thanks Ashish sir , for you valuable suggestions ?

Welcome  :-)