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Ank for Shel (NA)     12 February 2013

Question on divorce if getting harassed by wife

I got married two months back, I am from a very simple family, got married to a girl from richer family as relatives and parents arranged all the things and I had to accept without knowing the girl much. Girl didnt like the home atmospehere much, she had started disliking my family even before marriage, my mom just asked her once to help in cleaning house, she called back to her parents, she didnt like any of family members as well. She was always angry. I found her very naive and angry person, we never could have any intimacy relationship.

After one month she visted her house, and she didnt come back for 15 days, when my family people called again and again, her father told that she wont come back and She wanted divorce.

now I and my family tried to talk to her to come back but all in vain, though we never even asked her to fill a glass of water when she was at our place.

Now I am family people are worried if she had married in pressure by her parents or if their family may file false cases against us on dowry on 498A section. (Which is not at all true. but her family anger reaction without any fault of our has scared us.)

But what we have heard of the divorce cases is that they are very harsh and once filed we have to pay money and in any circumstance.

So my questions are 1. how to get saved from false 498A. 2. if money was spent in marriage ceremoney from both the parties, (around 15 lakhs in our side ceremony and around 20 lakhs in there side ceremony) can girl family claim for there expenditure? 3. there was no dowry at all, we didnt take any, also the gold given to girl is with girl only. so can they frame a false dowry case? 4. should i file a section 9 first. 5. should I wait for 1 year to complete and wait for girl side to check if they file 13B or 498A.



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 5 Replies

Rahul Kapoor (Legal Enthusiast)     12 February 2013

hello,

you must refer to 498a survival guide.

they can claim for the money spent.

yes they can file a false dowry case.

do not go for section 9.

if your wife is not living with you then you must file a NCR.

 

 

regards-

rahul.gogreen@gmail.com

Ank for Shel (NA)     13 February 2013

Thanks Rahul I went through survival guide. will follow the reommendations.

Following questions:

1. What is NCR, I searched on net, but couldnt find it.

2. as only 2 months spent after marriage and as per law I need to wait for 1 year for any legal action to start, Is there anything else then NCR are Survival Guide recommendation which I should follow.

3. Any reason I should not go for section 9, as this will bind girl to file against section 13 B. And that can help me come over many hassles.

rajiv_lodha (zz)     13 February 2013

1st of all I wonder that u project urself from a relatively poor family n she being from rich one.......But same time u tell that u spent huge 15 LAC FROM UR SIDE?!

Now, coming to real query. All u need is INVOLVE ELDERS & MUTUAL RELATIVES TO SORT OUT REAL ISSUES. TRY MARRIAGE COUNCELLING FROM A PROFESSIONAL. Even then, marriage is not going to work, then go for MCD. It has to be applied after 1 yr of marriage
 


(Guest)
Originally posted by : Ank for Shel

I got married two months back, I am from a very simple family, got married to a girl from richer family as relatives and parents arranged all the things and I had to accept without knowing the girl much. Girl didnt like the home atmospehere much, she had started disliking my family even before marriage, my mom just asked her once to help in cleaning house, she called back to her parents, she didnt like any of family members as well. She was always angry. I found her very naive and angry person, we never could have any intimacy relationship.

After one month she visted her house, and she didnt come back for 15 days, when my family people called again and again, her father told that she wont come back and She wanted divorce.

now I and my family tried to talk to her to come back but all in vain, though we never even asked her to fill a glass of water when she was at our place.

Now I am family people are worried if she had married in pressure by her parents or if their family may file false cases against us on dowry on 498A section. (Which is not at all true. but her family anger reaction without any fault of our has scared us.)

But what we have heard of the divorce cases is that they are very harsh and once filed we have to pay money and in any circumstance.

So my questions are 1. how to get saved from false 498A. 2. if money was spent in marriage ceremoney from both the parties, (around 15 lakhs in our side ceremony and around 20 lakhs in there side ceremony) can girl family claim for there expenditure? 3. there was no dowry at all, we didnt take any, also the gold given to girl is with girl only. so can they frame a false dowry case? 4. should i file a section 9 first. 5. should I wait for 1 year to complete and wait for girl side to check if they file 13B or 498A.

 

Send notice through lawyer to her, asking her to come back, next file RCR, next divorce petition before they file false dowry case on you.

Rahul Kapoor (Legal Enthusiast)     13 February 2013

hello,

NCR id non cognizable report filed by police.

it will help you in further cases.

even she can file on other grounds too.

 

 

regards-

rahul.gogreen@gmail.com


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