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Alcoholic husband (officer)     08 October 2013

Divorce

Dear Friends/Sir/Advocates,

I need advice and guidance.

I got married in June. Its arrange marriage we got money 2 lacs, jewllary and furniture. During engagment to marriage i found love massages but she said the card is not her and she dont have any such thing. i belived. After marriage i found lot of chat mails, her fake facebook profile (later when i confronted she deleted all). when i asked u loved someone had physical all ok but why u need fake facebook accout and i saw lot of s*xy chat too. she said its time pass. but when i done some enquiry i come to know that she was doing fun. on every line she lies lies and lies. actually i never had any relation and its difficult to tolerate all this i tried but i saw huge dfference in my nature-i got angry,upset,no concentration on work started treatment under Psych doc. He advised me see feeling of cheated is natural. if you cannot able to forget and go on dont waste ur life and her life. SO i told parents and her. They agrred for mutual divorce but her father want money illegaly. we are ready to companset but illegalwise. they said dont put money in divorce paper.

my question;

1.Does it ok if petition does not have any money in that? as they say whatever money u r giving us we will do separate paper on bond.

2 They says that we can  drag this case till 10 years. i have proof of her all char and her acceptance recording.

3. my lawyer says we will file case under exceptional hardship. but my parents at their 60's and already they are hurted. i dont wana hurt them.

4. I even know her parents are also trapped but she said to his frind that she is doing this marriage only for her mother and father happiness. 

Now its big turn for me. just now started my career and next few years really imp for me. I am not weak but like to think practically. please advice



Learning

 5 Replies

Adv k . mahesh (advocate)     08 October 2013

as they agreed for mutual divorce so go ahead really if you think this will solve all your problems

mention the amount and pay that amount in second motion before the court in demand draft and also mention what all items you are returning to them and take there signature in future they should not blame you for this minor mistake

this amout which you mention on the petition which called a one time alimoney or one time settlement and don't be hurry to pay them before hand for this also court will give you time to negotiate and do not bend and pay before the judge only 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     08 October 2013

Dear Querist

My opinion on your queries are as under:

1.Does it ok if petition does not have any money in that? as they say whatever money u r giving us we will do separate paper on bond.

Opinion: yes, it is ok, you have to execute a MOU between you and her on 100/- Stamp paper

 

2 They says that we can  drag this case till 10 years. i have proof of her all char and her acceptance recording.

Opinion: they are right, in india the litigation is very tough & lengthy to it will be better to settle the matter amicably.

 

3. my lawyer says we will file case under exceptional hardship. but my parents at their 60's and already they are hurted. i dont wana hurt them.

Opinion: yes, your lawyer is right, u/s 14 of HMA there is a provision to file the case under exceptional hardship.

 

Feel Free to Call

Alcoholic husband (officer)     08 October 2013

SIr,

yes we tried but they say that divorce paper should not contain any amount. we will do other paper for money. it sound some suspecious as whn we asked whats problem her father say i have govt job and i dont need further complications. how kiddish even 5 th class student know ther is no probel to father if it comes for alimnoy.

if i file case under exceptional hardship, does court will blame me for digging her past and that no exist now. they may drag on this point. anyway we hurted eachother by saying divorce so it would not possible to respect again and be together again.

sould i send notice through exceptional hardship? or pay them half during first motion and half during second motion in mutual?

Adv k . mahesh (advocate)     08 October 2013

in the second motion after appearance of both the parties in the court with a petition should be filed for paying the amount and on that you have to take there signature and submit that copy to the court 

Sonia Verma (Lawyer)     09 October 2013

Hi

 

There are lot of people who are or have gone through similar case of false 498a, dowry and divorce petitions and they need good strategy and advice through legal professionals to prove innocence. 

It is imperative to note here that 498a cases are criminal in nature unlike civil or family disputes wherein normal advice of civil lawyer may not be beneficial to achieve the end goal, hence you need advice from a expert criminal lawyer and get consultation from efficient Supreme Court or High Court lawyers who can actually give you good strategy to build your case. 

The practical difficulty is such that it gets difficult to find a reliable lawyer on your own. However now finding a lawyer who has expertise in criminal litigation is not difficult. 

You can go to lawkonect.com which specialises in providing expert lawyer consultations to people who are caught in false 498a or divorce or dowry cases quickly and efficiently. 

Hope this information will help and will give better incentives to victims of false 498a better counselling and vigilant consultation experience. 

 

All the best!


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