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Sneha (TL)     15 September 2016

Divorce case

Hi, I need ur advice on my divorce case. I got married in 2009. We stay together till nov 2010. My husband and inlaws were pressurizing me to pay their loan and also used to ask for money to pay their medical bills. I initially did but refused later and then my husband and my mother inlaw left me alone in mumbai. Pls note that we both were working that time in mumbai and my mother inlaw frequently used to visit us. After that me/my pratents/relatives went to my inlaws place several times but they behaved badly so we gave up and i started living seperatly hoping that one day he will realize his mistake and come back. He came back in Jan 2014 and we again stay together in Mumbai but this time he was involved somewhere becoz he used to come late everyday and also used to go to office(may be office was his excuse) on weekend. He even went to goa on trip with his friends and told me that he is going on office trip. I think his main purpose of coming back is to collect proofs against me to take divorce but I didnt give any reaction and was living with him quietly. but one day he asked me to go and then he slowly shifted all his things and was continuously pressurizing me to leave. I left in Feb and he filed immature divorce on Dec 2014. Now case is going on. The ground of divorce is that 'wife is denied to have physical relations". I know he can never prove this but the problem is he filed divorce in his place and its very difficult to get loyal lawyer there. We do not have any receipt of the money we paid as dowry. My relatives are suggesting that fighting case is waste of time and at end we will not get anything as we dont have list of dowry items signed by my inlaws. I filed 498, domestic violence and 125. So far I used to denied divorce in court but now I am thinking to say that 'Whatever he wrote on notice is wrong but now I also want to take divorce as its taking time and now I dont think it is possible to stay with him/his family as they put all wrong allegations on me, so I want my money back whatever my parents have spend on wedding and I also need compensation of my time and pain.I want to know following. 1)Please let me know the consequences of telling this in court. 2)Will I get my money/compensation? 3) as he filed this before a year and I have proofs that we stay in Jan 2014 please let me know if the case can be waved off now as he is going to come now for cross questioning. Please help me and suggest. Thank you very much.



Learning

 13 Replies

Sneha (TL)     15 September 2016

Thanks Sujay for the advice. I filed 498A after he filied divorce. We already tried for mutual and they denied. Please suggest the way out. Thanks again.

Mukesh sharma (job )     16 September 2016

Hi Sneha in your case you go for mutul divorce its best option for you and if you did not want to live 

other you file  for 498A and sec 125 for maintenac along with divorce case you take help some of family lawyer who guide you and fight your case in court 

 

Sneha (TL)     16 September 2016

Thanks everyone. They are very cruel, they wanted to make money out of marriage and still trying the same. They don't want to have mutual becoz case is in their place and they r expert in handling that becoz this happens with everyone in their family so got experience. If I agree to have divorce but do not accept allegations as they are completely wrong which I can prove but again can not waste my time in proving that than can court arrange mutual divorce? I contacted my friend's friend who is lawyer in high Court Delhi and he said if I agree for divorce then judge will send us both to a different judge and they will arrange mutual. Please advice. Thank you very much again.

AV Bagur Advocate (Advocate )     16 September 2016

Dear Sneha,

Legal apetite is one thing,  Legal balance of convenience another and Legal strategy third.  Before taking any decision you must have a macro level planning of which legal recourse is last. If you decide take legal recourse, again you need macro level legal plannnig with one Sr level consultant/ Advocate and other Jr Advocates at micro level. Do not allow one advocate to handle every thing. While this may look daunting process for invidivuls (this is corporate legal strategy) but still you may give it a thought.  The best and first port of call should be a family counselor.  Then family and legal mediation.  And then only legal recourse.  

125 benifit may not be availble to you. S. 498a needs adequate proofs which you may not be having. RCJ is faced with serious limitations. I am not aware of your pleadings in DV matter.  Having said that, law is not so impotent as to let go off a recalcitrant husband easily.  

How ever what is good for drake may not necessrily be good for the gander. You must take a call on it.  You need to visit some one with knoweldge on this subject and  in whom you have faith in. 

1 Like

sai narayana   16 September 2016

Sneha ji it's wrong to say if your husband wins the divorce you will not get any alimony. According to law an errant wife (except on adultery grounds) is entitiled to receive alimony under S25 and the quantum depends on his income and other properties and also on your income (proved). The quick test to estimate the quantum is 10 to 15 years of interim maintenance S24 if it is granted to you in the divorce case filed by him.

 

So instead of contensting the divorce at his place, you may move HC for transfer of the case to your working place or opt MCD a easier choice if the quantum of package is mutually agreeable to you.

 

But before proceeding with any of the above, please make efforts for recohabitatin duly expressing your repentance for unnecessary disputes and litigations if there is some love still exist between both of you.

 

I wish you good luck.

ambrish (service)     16 September 2016

Dear....Your story is quite sympithetic .if he has filled divorce that you didn't allow to s*x...just deny if that is true....say if he is man....PROVE IT. 

MCD to such bas@@@ is no solutions ...but you have to decided what action plan you would like to take baed on you life circumsts.ances and personality/future prospects

Regards

Ambrish

A walk alone (-)     16 September 2016

As you have already file 498a,if he is not agree for mutual divorce, then you can try to transfer divorce case in your city through HC ( if same state) or SC(if different states).

anil   17 September 2016

I'm very sorry to say below comments but  Story of Sneha is completely fabricated and no ground of getting money from Husband.

Below are few facts which shows her mentality.

1.She is money minded person , all talk is about money in her post , example ::If husband can pay money for medical bills what was the problem for her to pay if she is earning ? what she want to use her money if not liked to be used for household activities or medical emergency?

2.from 2009 to till date , no kids?  so statement of husband " 'wife is denied to have physical relations" is seems to be correct if there is no medical issue in any one of hubby/wife.

3. 498a, DV and all already in place , so it means atleast before FIR 3 to 6 months or more negotiation has been done in CAW or any other place.

4.She is dening Divorce ? why ? because she want higher money for MCD which is already stated in above post by her, for trade off between guilty, punishment, law and money, she need money??, if all the cruelity done by "IN LAWS " can be traded off by money as per her above statement.

5. she stated "I want my money back whatever my parents have spend on wedding and I also need compensation of my time and pain", if you really have pain then fight the case , but wrather then fighting she want money? 498a is a state vs Hubby so no need to pay lawyer fee , only 2-3 times in a year make a picnic or party trip and in between get 1 hour to visit court , that also will be financed by your hubby? but she need more and more money.

6. in last 6-7 years she lost most of battles , now thinking of MCD which is good but again asking for money , not ready to live life and let other live life. 

7. moreover you are earning so reading few SC judgement.

8.in last 6-7 years you went or he came to your house , so there is possibility of all gold/cash valuables are with you only.

write your case number , I will try to show some hints what i have shared above.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     17 September 2016

Yes ANIL you are right but advocates mess up the cases and other side fuffers, if properly contested there are sufficient safe gaurds in the law against illegal extosion.

Sneha (TL)     18 September 2016

@Anil, Good that you removed those words.

whatnot   18 September 2016

@ AV Bagur Advocate.

Someone should take a printout and pin the first sentence. Thank you..

 

 

@Sneha,

you are at disadvantage at various level.

First step is to withdraw all cases except Maintainance  125, if possible.

Wait for court decree.

Once obtained, fight it in a higher court which is probobly in Mumbai and your place. ANd that point you refile maintainance and fight for intreim.

 

But if he comes for MCD, take the offer. Close the matter  and move on.

Your best chance is to fight in the higher court.

 

It is not prudent to file cases just for revenge.

 

Rest of discussion is just waste of breath.

 

Sneha (TL)     18 September 2016

Thanks 'whatnot' sir for the advice.

Sneha (TL)     18 September 2016

Thanks Mr Anil for editing your post and removing your words.

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