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Nandha (NIL)     14 September 2011

Status of marriage after imprisonment

Dear all,

my earlier thread was:

https://www.lawyersclubindia.com/forum/Intimidation-by-wife-her-family-members--43442.asp

After taking some of the valuable advice from this forum, I did tried to patch up with my wife. But she is the same. Some incidents happened after the last post in my earlier thread as below:

 

My wife is still in her parents home:

I tried calling her she never answered or returned my call.

Sent her many sms, but never replied.

Whenever I called her parents, they gave some excuses that she's taking bath, she's gone to temple etc. When i asked them why she was not answering the calls or replying to my messages, they would give me a time to call her. When I call  her at that time, she never answers or returns my call.

 

4 days back was our 2nd wedding anniversary day. In the morning, i tried to call her. She did not answer. Then i sent her a message with our wedding anniversary wishes. She did not even reply to that message. Later in the day when i called her, she did not answer. I called her father, she gave the same excuse that she was taking bath. I requested him to ask her to call me back. Immediately after my call i told one of my friends in India to call her on his mobile. She immediately answered the call!  The whole day she did not call me or even sent a message in reply to my wishes.

 

My mother also tried to talk to my wife, but she refused.

 

In such circumstances, i only understand that she's no more interested to live with me. After all her insane behaviours, false accusations using abusive words, I am  now fed up in taking further steps in patching up with her. 

 

It is  clearly understood from their behaviour their intention to extract money from me. Actually, they are indirectly forcing me to take the first step to move into a legal battle, wherein they can frame a false case of Domestic violence against me and my family members as I have slapped my wife twice.

 

Such being the situation, i would be grateful if anyone clarifies my following queries:

 

1) If I file a divorce case at the first instant citing mental cruelty by my wife, will the court take up this for hearings? 

 

2) If not, how to begin in the first instant?

 

3) Considering that my wife would file a DV case against me, what are the precautions should I take to safeguard me and my family members?

 

4) If the court uphelds that having slapped my wife amounts to domestic violence and passes judgement in my wife's favour, what  would be the amount of punishment?

 

5) In case if I am sentenced to jail based on the judgement, what would be the status of our marriage? Do I get a divorce automatically after I complete my imprisonment?

 

 

Thanks in advance!



Learning

 5 Replies

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     14 September 2011

Dear Nandha,

If you are settled abroad then don't come to india get PR and enjoy your life there. till date ur wife has not done any thing or legal battle then don't be afraid as she won't do anything like that. It is not easy to prove that you had slapped her twice. she at most file DV case against your parents and harass them. but at the end of the day she has to file the divorce. if you come to india then she will file demand of dowry case and you have to surrender your passport then you would not be able to return to abroad till the conclusion of cases agaisnt you.

RAJIV BHASIN

ADVOCATE

BHASIN & ASSOCIATES

9811210505, 9868635640

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 September 2011

Dear Mr. Bhasin,

 

Is not it the case that passport surrender is not a necessity in AB in Delhi. I have seen multiple cases, where the same was not done. Even the SC says Passport can not be seized/ impounded by court/ police.

 

When you co-operate in investigations and further, the court also relaxes the conditions.

 

Face the music yourself rather than letting your old parents run around. Don't be a coward.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Nandha (NIL)     15 September 2011

@rajiv bhasin & Shonee kapoor

thanks for your inputs. i am not a coward. I am resigning my job in gulf and coming to India to fight if she files DV case against me and my parents.

 

can anyone answer my  queries?

 

1) If I file a divorce case at the first instant citing mental cruelty by my wife, will the court take up this for hearings? 

 

2) If not, how to begin in the first instant?

 

3) Considering that my wife would file a DV case against me, what are the precautions should I take to safeguard me and my family members?

 

4) If the court uphelds that having slapped my wife amounts to domestic violence and passes judgement in my wife's favour, what  would be the amount of punishment?

 

5) In case if I am sentenced to jail based on the judgement, what would be the status of our marriage? Do I get a divorce automatically after I complete my imprisonment?

 

Thanks

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 September 2011

1) If I file a divorce case at the first instant citing mental cruelty by my wife, will the court take up this for hearings? 

Yes, the court would take anything for hearing, if proper cause of action is shown.

 

2) If not, how to begin in the first instant?

File for divorce petition, if you are sure you can not live with her.

 

3) Considering that my wife would file a DV case against me, what are the precautions should I take to safeguard me and my family members?

  Collect information about the income of wife, any certifcate in this regard would be good. Be in touch with a good lawyer in your area/ her area. If you negotiate in advance, you can get a good lawyer rather than searching at last date and getting stuck with the one you get.

 

4) If the court uphelds that having slapped my wife amounts to domestic violence and passes judgement in my wife's favour, what  would be the amount of punishment?

  :-) Yes. But are you going to admit it? How is she going to prove it? There are no jail in DV.

 

5) In case if I am sentenced to jail based on the judgement, what would be the status of our marriage? Do I get a divorce automatically after I complete my imprisonment?

No, if that was the case, every man would be ready to go to jail for 10 days to get a divorce.

 

Dear Nandha,

 

Having answered your queries, please be careful DV is not going to be the only case you would face if your wife ever thinks of filing cases.

 

It generally comes with a package of 498-a/ 406. Maintenance, DV, Divorce etc.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Nandha (NIL)     15 September 2011

@Shonee,

Thanks for your advice!


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