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Hi
Had filed complaint against husband in CAW for commiting cruelty, demanding dowry, domestic violence and for forcing to divorce me. Then after a month filed a petition under DV act, 2005. Both at initial stages. Husband and in-laws very adamant regarding any reconciloiation or mutual settlement. Not ready to negotiate on any terms. All dowry articles/streedhan in their possession. They wanted mutual divorce without having to pay a single rupee towards alimony. It was not acceptable to us as 30-40 lakhs of rupees were spent on marriage. Marriage hardly 1 and 1/2 year old. Now, he has filed divorce on false grounds of cruelty which is nothing but a defense from their side in response to complaints of cruelty against them as highlighted in Caw complaint and DV petition....
Please help me know.. what options do i have ? Considering the facts that
# I am working
Hence you wont get 1 rupee also as maintenance.
# In fist instance, I dont want divorce. I want reconciliation.
Kiss your marriage goodbye, thats is the only option left for you. Do you think your husband will get terrrorised and fall to your feet that you filed complaint, DV act case? Answer is a big NO. He wont budge a inch. After all the insults you have made by filing police complaint in CAW cell, they ie your husband and in-laws will never accept you. even if they do out of compulsion or force of law, you will have a tough time for the rest of your life. All in all your marriage is over the moment you stepped into police station.
# IO at CAW cell seems influenced/bribed by them
Whatever.
# Grounds of divorce are totally false
You filing complaint in CAW cell, filing false DV act case itself are enough to get your husband divorce. Just be prepared to roam to courts for next 7-8 years along with your parents [if they accompany you to court halls whenever there is date]. Dont worry about grounds for divorce. Its mainly now about the mental cruelty which has been meted out by you to your husband by filing police complaint, and DV case.
# If it has to end in a divorce, I want my share of alimony... had spent heavily on marriage and afterwards also... no bank balance now
All this had to be thought before you spent that money on marriage. Its worse than gambling. 99.99% marriage wont work these days. So you had to keep expeneses to a minimum. Now running behind getting back money spent on marriage would be a waste of time. Instead of all this, ask for some settlement money which is decent, dont bargain too much for money, like that you do, they will refuse and only option will be to roam to court and lose precious years and money on litigation expenses.
Agree for mutual consent divorce aka MCD, get all the appropriate VAT bills for the articles of dowry, stridhan to claim them back. Without original VAT bills, no claims will be entertained by the court, dont ever think of providing false bills, you might land up in jail.
Worst case scenario: If your husband wants to trouble you, they can file a case against you for giving dowry and also your parentage and you can end up behind bars ie jail for a very long time. So just be careful.
Please suggest me the right way to proceed... ??
Go with neutral approach. Approach with parents for talks, convince them that you will withdraw all cases and that you just want divorce and your stridhan articles back. Ask money back only if you want, but I see no point in asking money spent on marriage, people came ate, did merry and shat in commode, for that you should not ask back money spent on food, marriage hall etc. It simply did not work, your marriage. Keep the above things in mind and do not make it too complicated, mostly you have complicated your own life now and have become a pain in the arse for your parentage [ask them and they will confess this with you].
Good luck
Any other advice you need, you can get in touch with me on phone. Check PM.
Regards
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