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Singh (Others)     19 October 2014

Divorce filing

Hi Experts,

I got married around 2 years ago as per hindu customs. we both are working and we were leaving separately from my Parents as we had job in different city.

Just after marriage my wife started creating issue on small small things.

“Why alwz girls have to go boy's house, why I should wear Manglasutra, Rings and Bengal.” and always she making quarrel on such things. And i was unanswerable.Our parental home at same city but in this 2 years she only stayed 8-10 days at my parent house.

In Starting nothing was serious I was thinking we both are in new relation so nothing to worry..I always tried to convince her but she never understand and started quarrel and abusive about my family. She then denied for Physical relationship also. I and my family never asked her Salary and all her 100% income she gave to her family.

After 13month she got visa and went abroad. Now things got more worse after that I went to her family and said i cannot leave with her if she continues like that, they nothing took serious. after 2-3 month Nobody even tried to call me neither to my parents.

  I decided to give divorce then she said yes i also don’t need you. I sent Mutual divorce paper she never signed that even after 2-3 month. she started threatening me I will not leave you like that I will take u and your family in Court/Jail. I will suicide on your name. etc

  Finally i sent notice for consented divorce through my advocate. Then She came from Abroad and went her parents’ home.

One day all of them came my home suddenly and started fight (according to them they came for Patch up But they were asking to take my notice back and threatening us for Dowry and harassment case) we did not agree on this type of behaviour they started shouting and had abusive. We had to call Police, then after they left our house.

Same day I informed at police station. In evening they lodge complaint in Woman Police station about me and my Family about Dowry and harassment case and was asking for FIR. But "Thanks to God and Police" they did not lodge FIR and asked both the party to come next day.

Next day I gave my statement and told police whole scenario. After 1 month they  got present in station, they said they are ready for mutual and asking 15Lakh for compensation, I totally denied. WHY SHOUID I? (I never took Dowry, Never used her Salary. even I produced bank statement also in station.)

And next day they took their Dowry Complaint back and she went abroad again.

Now she saying i am ready to stay with you But NOW I DON’T. Now she telling me she will kill herself anytime and you will be responsible for this. How much compensation she is eligible for? No child we have. (She earn 5 times more than me)

 

Please suggest. I am in very much Frustration and depression. What step should I take now? We are away physically also for approx a year. THANKS



 3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     19 October 2014

Dear,

 

Please call and discuss.

 

Adv Kapil Chandna

9899011450

Singh (Others)     28 October 2014

Hi, I will be very thankful. Plz Suggest.


(Guest)

Your story is quite similar to any Indian husband.

Your wife and co seemed to be in a confused state of mind coupled with ego problems.

A woman who does not have any job or source of income will have super ego. A woman earning 5 times more than will you have super super ego.  She will always treat you like SH!T.  You should have exercised your mind about outcomes of marrying a highly successful girl.   These kind of women wont listen to anybody, will do listen to nobody than themselves and will take all the wrong decisions in life.  Just look what she has done, she does not even know what to do and has created all this mess.  Now following are the options for you.


Options:

1.  Pay the wife money, bargain a price for your freedom i.e. MCD.

2.  Bring her back, forget what she has done, forgive her and lead happy marital ilfe [whatever happiness means].

3. IF she does not agree for MCD, then contest it.  Contested divorce case will take 7-8 years, by the endo f it you will get divorce.

4.  Let her be wherever she is, abroad or at her parents house, keep visiting her, let the marriage be alive.  You need not pay her alimony.


But if your wife contests the divorce petition, you will have to pay alimony to her and face all the headache related to it.


If she is threatening to kill herself, then lodge police complaint against her, let her sit in lockup for few days.  DO it rightaway.


As far as compensation goes, if she asks 15 lac, sit for talks, bargain, they tell 15, you tell 7, they tell 10, finally settle for 8.5.  Its all business now.  NO use taking tension, getting frustrated.  You did big mistake by marrying an over qualified girl, so now no use breaking your head, or banging head to wall.  Just have patience and face the situation like a JAT. 


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