devil (AM) 18 March 2011

Basis of Divorce

Hi,

I want to know the process of filing divorce in India. Can a flase complaint with crime against women cell be used as a base of the same.

My wife was forced to get married by her parents and we were never lived like husband and wife since my marrige (dec-1st-2010). Since Oct-10 she is at her parents place and when every thing else went in to vein.

We filed a restitution petiotion and after getting the notice of the same she filed a complained of torture and dowery demand by me, and my family members.

Since day one in the cell she has asked to get seperated but demanding Rs12lakhs as settlement amount else she is asking cell to file an FIR against us stating tht we have demanded Rs2lakhs cash and a swift desire car.

Among other things in her admit list, there is an LCD TV mentioned for which they only paid 8k and balance 20k was paid by me using my card and i have the charge slip and bill from shopkeeper as well.

In the court during the hearing as well she has told tht she dont want to go back and she is expecting a settlement during the near hearing in the CAW cell. Basis on that statment, Respected Judge has closed our petition and said tht after settlement please file a divorce.

My concern is that now again i am at the mersy of that cell and will be presurrize for settlement.

Can i file a divorce basis on her petiotion?

If not, then can i demand/request for a lie detector test to prove her allegations in the complaint against me in the CAW cell are fasle and thus considered as torture and allowed to be considered as a basis of divorce.

And how much time will this take.

Thanks

Sharad

I want to come out of this asap and can i ask investing officers to have me

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4 Replies

Tajobsindia (Senior Partner ) 18 March 2011

@ Author

Just one question are YEARS mentioned in your brief correct years ?

[I also like to know which trial Court in India this restitution of conjugal rights case was so called filed by you? I personally like to thank this one Court in India to have disposed a RCR suit in under 3 months based on wife statement that she wants to pursue CAW Cell complaint and not interested in restitution thus a record within the true spirit of 60 days to dispose matrimonial cases as far as possible clause mentioned in the Act!]

G. ARAVINTHAN (Legal Consultant / Solicitor) 18 March 2011

if wife is filing false and vexatious criminal cases against husband and in-laws, the same will be treates and harassment given to husband and divorce can be granted on the ground cruelty

devil (AM) 18 March 2011

My bad, marrige was celeberated on Dec-1st,2009 and not 2010.

This case is filed in the tis hajari court, new delhi.

devil (AM) 18 March 2011

Thanks Aravinthan for writing in. Can I ask for a lie detector test in the cell and basis on then can i prove that the charges mentioned in her complaint as to demand of car and cash are totaly false and get rid of all this?

If not, then can i argue that some one who is giving an AC of .75 tonne, OTG (of Rs2500.00) inplace of a good microwave, how can they pay Rs51000 cash on engagment and Rs11000 on sagan. Also, I have paid them Rs20000 for LCD by Card and Rs 4000 for community hal booking by check from my a/c... will these be considered to prove her charges false?

Also, if yes, then basis on this how much time it may take to coe out of this and do we need to give them any monetary compensation, one time or monthly both (she has accepted in her response to the restitution suit that she is working and earnning 8000.0 per month, means she is independent)?

I heard that usually divorce cases takes years and after two years courts grants divorce by default any way to have this done before that?

thanks again to both of you for responding