Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sandykrish (Interested in Family LAW)     19 July 2013

Extortion

Hi Respected LCI Members,

 

I would like to brief my situation:

Married in Feb 2012 arranged marriage, wife had pre marital affairs this was discussed before marriage and she and their family promised that every thing has been sorted out. My parents advised me go ahead with the marriage as her first engagement with her own relative was broken 2 days before the marriage. When we asked for reason they gave a wierd reason stating the marriage within relaives would results in problem during a birth of the child. We did'nt dig much about that  we were open that Girl will change post marriage and no point in digging the old story and hurt them.

Post Marraige, wife behaviour started to ripe, started telling that I am not good, varoius allegations made, in the span of 10 months went to sisters place atleast a dozen times. We as a family convinced a brought her back. The next strategy was to torture me to do a separate house, I was puzzled later I realised that she is doing this becasue she married me with no interest . She deserted me stating that our family pushed her out. As usual flaw on the husband family. We tried to bring her back through common friend and relatives and nothing worked out. Few legal notices were exchanged and finally she replied with 10 page baseless allegations which she cannot prove in court and finally said that she in interseted in MCD. 

After few days our lawyer called her lawyer to get their expectation so that we can file a joint petition in court, the conditions are like this:

1. Her father claims that he needs 6 lakhs as he has spent for the marriage

2. She has a separate claim since she has become second hand in the market no takers for her so she needs separate alimony

In simple we have to fulfill her fathers demand + her demand which is nothing but extortion.

I understand we have to pay alimony but her demands are nothing but extortion.

I need your assistance in handling this case: 

P.S: No 498 A case filled only NCR has been filed in the Local police station.



Learning

 24 Replies

sandykrish (Interested in Family LAW)     19 July 2013

Hi All,

 

Just forgot to add her Financial status:

 

She has done her Master of Technolgy and work for Fortune 50 Company with the salary close to about 1 Lakh per month and their parents have sufficient money. My salary is 40 K.


(Guest)

You will have to pay her money, via alimony.  Regarding marriage expenditure, let them show bills.

These methods are normal these days.

Ask what is the price for your freedom.

This is business.  For eg court orders you to pay Rs XYZZZ as interim alimony, that you have to pay until divorce case gets over, then after that she will file u/s 25 for permanent alimony, and you will have to keep paying Rs XYZZZZ to her until the day she remarries.  If she goes in for livin relation, stil you should keep paying money to her.  So think, For eg, court orders you to pay 10k Every month to her, for next 10 years or 20 years 10k X 20 years? = 10 X 12 X 20 = 2400000. Plus litigation expenses, on top of it headache, grey hair.


Ask her how much she wants, pay in one shot, get rid of headache.


For 498a, if FIR is filed, apply for Anticipatory Bail immediately. 

1 Like

sandykrish (Interested in Family LAW)     19 July 2013

Thanks Helping Hand.

Just an addition to this she has MTECH and earning 1 lakh per month. Do I still have to pay maintenance? I know alimony has to be paid but dont you feel that's extoration?

 

The amount that she is demanding is too much and they are using all delay startegy to put me in agony. She is very desparate to give the divorce and their parents are behind my money.

 

I know it is a simple business I negotiate and it is done. But I need you valid legal inputs. What do you feel the resaonable amount is. They have spent around 3 Lakhs for the marriage and they have given me 30 K to buy everything for the marriage. 

Please consider all this. I know there are only 2 possiblities one she will have the livin relationship or their parents might have negotiated with the other boy for marriage which is unkown. Considering these two possibilities let me know how can I approach?


(Guest)
Originally posted by : sandevar

Hi All,

 

Just forgot to add her Financial status:

 

She has done her Master of Technolgy and work for Fortune 50 Company with the salary close to about 1 Lakh per month and their parents have sufficient money. My salary is 40 K.


No alimony to working wife. Read attachment of Delhi HC, Justice Shiv Narayan Dhingra.

1 Like

sandykrish (Interested in Family LAW)     19 July 2013

Thank you Helping hand!

But need my inputs on their delay startegy of touturing me as I told you that, she has only two possibilities:

1. Have a living in relation with her boy friend for ever?

2. I reckon their parents might already negotiated the marriage with the other boy waiting for my money to come so that they can remarry her.

 

Your inputs on me putting pressure on them so that she succumbs 


(Guest)
Originally posted by : sandevar

Thank you Helping hand!

But need my inputs on their delay startegy of touturing me as I told you that, she has only two possibilities:

1. Have a living in relation with her boy friend for ever?

2. I reckon their parents might already negotiated the marriage with the other boy waiting for my money to come so that they can remarry her.

 

Your inputs on me putting pressure on them so that she succumbs 


Possiblities in your case as I've seen from my experience in various similar cases.


1.  You file RCR, ask her to come back.

2.  She will file maintenance application.

3.  She wants MCD, but you dont want to pay her huge amount as compensation/1time settlement.

4.  She file false cases 498a, you run to get AB, or sit inside jail and then get regular bail, this applies to you as well as your parents, bros, sissters, etc.

5.  Either you succumb to their pressure as these false cases to get over will take minimum 5-6 years.

6.  She might file one more false case which is PWDVA 2005 on you and your parents, for that case to get over too, same amount of time 5 years.

7.  If you do not want to succumb to her pressures of extortion, you will have to lose precious times [years].  End result, she wont get any relief.

8.  Now that you would have spent 6-7 years already, you might want to give her back some.

9.  You file prejury case on her for lying under oath, that also wil take time.  End result, if case is dealt properly she will sit inside for 5-7 years and also will be made to pay fine.

10.  Your question of putting pressure on her?  File RCR, tell her that inspite of how cruel she has been to you, you still love her and want her to come back and join you, like  that either she should come or she should tell I do not want to come just give me MCD, like that you can build pressure on her.  But how things may turn from there I have explained above,


Go for mediators who showed you this girl, try to negotiate without paying any money agree for MCD< if they are adamant to get money then do bargaining.


They tell 10 lac, u tell 5, they settle for 7 or 8.

 

sandykrish (Interested in Family LAW)     19 July 2013

Thank you helping hand.

 

Your insights are so logical for members to sit and strategy what next in this case. India is so gender biased and husband's are taken for granted. 

One more last questions:

Lets say that I keep quite for few months based on your experience in such similar cases have the girls side move agreesive by seeing my silence will this benefit me in my objective of getting divorce and paying low alimony.

Just a thought you might have seen such several cases and I hope you can judge my case and give me some tips

Adv k . mahesh (advocate)     19 July 2013

after going your query it is clear that she and you are interested in MCD 

1. they already given you a amount so first finalise a amount they said 6l + your wife asking more then say 10L so you come to a figure and quote less then that figure and do not bend to your FIL or your wife totally you say that you will pay this amount 

2. after some time they themselves will come to another figure because she cannot wait more and even her boy friend will not wait more 

3. all this transctions should be done by your lawyer 

4. without MCD there is no option left for you to take divorce which is quick and also she is agreeing and

5. one more thing do not give money after second motion only handover the cheuqe to her because now you give and she will go back on divorce so be caution

1 Like

(Guest)

Adv Mahesh is correct. Agree with expert.


(Guest)
Originally posted by : sandevar


Thank you helping hand.

 

Your insights are so logical for members to sit and strategy what next in this case. India is so gender biased and husband's are taken for granted. 

One more last questions:

Lets say that I keep quite for few months based on your experience in such similar cases have the girls side move agreesive by seeing my silence will this benefit me in my objective of getting divorce and paying low alimony.

Just a thought you might have seen such several cases and I hope you can judge my case and give me some tips

 

 

My intention is to not give advices which would break families.  But you have to give it a try.  No matter what the problem is, no matter what the circumstance is, most cases and feuds/fights I have solved for couples who wanted to go for divorce, only just by making them talk to each other.


What I want to convey is, you talk to your wife on a one-on-one basis, do not take elders, relatives, parents help while you do this, just one on one talk.  Talk it out, pour your heart out, give her some time, take some time for yourself, as divorce in India is not easy.  Very tough to get divorce unless it is MCD, even if you get MCD<  you will become divorcee and market for divorcees is not that much, who will go for second hand cars/vehicles?  Yes takers are there, but there wont be charm, and you would have lost a part of trusting ability in you, that you will not trust any woman just like that. etc.


And another factor is age, your wife's parents will be in a hurry to get her married keeping her age in mind, if she is 30+ and some good offer is there, they would want her to get her married before she turns 31, as it is very difficult for women to find suitable husbands after they get the title of divorcee.


Its not just for your wife, same applies for you also.


So think and take a step.  Think means not just think it over a cup of tea/cofee, but give it a thought, once you enter legal way, you cannot come out of it easily.


File RCR now, give time in RCR, say 2-3 months time, give time for her to think in RCR.  As once you file for RCR, matter already is in court and no PS will just register FIR when matter already is in court.

1 Like

sandykrish (Interested in Family LAW)     19 July 2013

Hi Helping Hands!!!.

 

I  really second your thought in saving the institution of marriage as you told I have tried this more than 2000 times, she starts blaming and telling the same story everytime when I try to talk to her which clearly states that she has lost interest in me. Now I have gone to the point where I dont see any hopes in reconcillation. I know she deserted me 8 months back and no call no message from her, even when I try reaching her out she disconnects the call. 

 

After knowing all this when I approach their parents they went to the level of humiliating me I have borne all this pain because I know the value of marriage and saving this to the core. If a wife tests the patience of Husband to that extend who would bare all this torture my dear friend. All wifes should also understand that even husband/ men are more senitive and it will be difficult to move forward.

 

I know that no body will be taking the second hand vehicles but lets give a life to have nots who would cherish all the moments. May be I am not emotional here but very practical. Any one who loves me would never leave me.

My dear friend the situation has brought to to this stature lost patience now regaining after the series of truth coming out from wife's side.

Bottomline: They have cheated me in all the aspects, I was the scapegoat to their plan. Its their family melodrama. Hope I don't know who is next in the cards to face the same story. I can only wish all the best who would have relation with their family......

There is say right How Mom is you can expect the same with the daughter. I didn't want to offend or questions their chasity. Our time was not good we fell in the trap...


(Guest)
Originally posted by : sandevar


Hi Helping Hands!!!.

 

I  really second your thought in saving the institution of marriage as you told I have tried this more than 2000 times, she starts blaming and telling the same story everytime when I try to talk to her which clearly states that she has lost interest in me. Now I have gone to the point where I dont see any hopes in reconcillation. I know she deserted me 8 months back and no call no message from her, even when I try reaching her out she disconnects the call. 

 

After knowing all this when I approach their parents they went to the level of humiliating me I have borne all this pain because I know the value of marriage and saving this to the core. If a wife tests the patience of Husband to that extend who would bare all this torture my dear friend. All wifes should also understand that even husband/ men are more senitive and it will be difficult to move forward.

 

I know that no body will be taking the second hand vehicles but lets give a life to have nots who would cherish all the moments. May be I am not emotional here but very practical. Any one who loves me would never leave me.

My dear friend the situation has brought to to this stature lost patience now regaining after the series of truth coming out from wife's side.

Please be informed, not a case at hand, lost patience?  Never do it, never lose patience, ever, ever. On you depends the family, your parents, your sister, brother, relatives, you are the main person, if you lose patience so early, it will have a bearing on the entire family on your side, and it will become an advantage of sorts when your wife's side gets a hint of it.


Do not lose patience at all.
Bottomline: They have cheated me in all the aspects, I was the scapegoat to their plan. Its their family melodrama. Hope I don't know who is next in the cards to face the same story. I can only wish all the best who would have relation with their family......

There is say right How Mom is you can expect the same with the daughter. I didn't want to offend or questions their chasity. Our time was not good we fell in the trap...


You've tried all means, gotten low.


Only option to go forward is file RCR, give some time limit as per your understanding of the situation, and that will take care of any false and malicious intentions your wife or wife's side may have to wrongly implicate you and your parents in false cases.


RCR would be in order, ASAP.

sandykrish (Interested in Family LAW)     21 July 2013

Thank you Helping Hand and I have a question regarding RCR. Based on your experience what is the duration of case to get the decree in my favour. You know my situation by seeing the above thread. Would there be any possibility ofw wife agreeing for settlement and MCD because she Iis working and earning more than 1 lakh will court ask me to pay maintenance and huge alimony. My salary I is 40 K?

(Guest)
Originally posted by : sandevar

Thank you Helping Hand and I have a question regarding RCR. Based on your experience what is the duration of case to get the decree in my favour.

RCR in your favor?  Depends, 6 months to 1-1/2 year.  Your wife should come, file her blah blah blah, then she will file 125 crpc for matinenance.  Evidence 2 dates, one yours, one hers, examination chief 2 dates [same hers n yours], finally 1 date for judgment/orders for RCR, but its a toothless tiger, court cannot force her to come back to you or cohabit with you.  But once when orders of RCR is passed where it comes out in black and white that she is not willing to cohabit with you, based on that file divorce petition! [your lawyer should be like mercury, even if court is like tortoise]


You know my situation by seeing the above thread. Would there be any possibility ofw wife agreeing for settlement and MCD because she Iis working and earning more than 1 lakh will court ask me to pay maintenance and huge alimony. My salary I is 40 K?

She is earning 1 lac, you earning 40k, if she is in for money then she will ask hefty sum.  It does not appear that your wife would want money, like take one shot payment and sign on the dotted line for MCD.  Ask meadiators to mediate, the guys who showed you this alliance.  or ask your advocate to move papers for MCD talk with other party lawyer, know what's the price for your freedom. or you can ask the judge personally to arrive a figure after moving papers for MCD, which he will gladly do.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query