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mohan -fighter (Head)     31 July 2013

Greedy wife and her family !!!! any ideas to handle them..??

hi All,
 
A few facts of my case...
 
- 10 year old marraige with a 7 year old son. have not been in touch with wife since 6+ years. she earns abt 40k a month working in a MNC and i am into business, doing good.
 
- Since 2 years, i have been trying for mutual settlement but everytime...they increase their demands which now are in crores which i anyday cannt afford to give or even want to give,....
 
- I have few self acquired properties in my name and many other investments. As she is earning she also has many investments in bank as FD's etc but no property in her name.
 
- I am left with no option than going to courts......as she is making my life a mess every day... and its un-bearable now. Everyday fights has become a headache for me/family.
 
- i do not smoke/ drink and do not have any spoilt circle of friends too. Infact i have built quiet good reputation in the society and people respect me a lot. The only mistake (if i can say so) is a 3 year old affair i have. As i was alone since 6-7 years, i wanted someone is life and she filled the vaccum. We are very serious and want to get married and settle asap.
 
Now a few questions ????????????
 
- I know going to courts is a big hassle...!!! but how much is the minimum time period it takes in court to get a divorce.. Are their fast track courts for divorces ? Is this procedure real tedious and full of harrasement for the entire family. i have read at any places, handling police, Women cell, etc etc ...is a real pain ... how true is it ??
 
- She wud surely go for DV and dowry cases against us (me and my mother/sister)... how can we tackle this... ?? As we NEVER - EVER have taken a single rupee from her or her family . Infact we are still maintaining her till date... (her food/ clothes/ fruits/ juices/ AC bills / Internet bills .... even the smallest expense etc are all paid by me). As she already has many investments as FD's in banks etc etc, can she go for dowry case against me / family ??
 
- If we prove the dowry case to be fake, do we get some leverage in the court and can we request the case to be cancelled as it has been proved fake. THEN, what shud be the next best suited step .....????
 
- She threatens us to use fake DV case against us...and prove that i have hit her on many fake dates in last 6-7 years.. how do i tackle this...? she even says she will prove it wid fake witnesses and medical certificates. how can i save myself here ??
 
- she also threatens us to do something to herself and blame it on me. to save myself, i have installed cctv's camera's inside my house, as i am true on my end. Otherwise, how can i handle this now if she anyday..tries doing anything insane to herself..
 
- how can i have the custody on my son ?? he is very very close to me..as he sleeps with me, wakes up with me, eats, plays and goes out with me.. His mother is only a tutor for him as i am in office and she comes back early and make him do his homework etc. Otherwise she does not even takes care of his meals and other small things he needs. BUT, wud the court understand this... ??? I CANNOT LEAVE MY SON at any cost...!!! plz advice how can i get his custody in court....
 
- As i have an affair, how bad ishe can use it in court ? she knows much abt the affair and even the girl. I read adultery is'nt punishable in courts, but can she take advantage of this..in court ? OR can it really go against me ?? plz advice... ( I also read, getting into second marraige helps in getting custody of child too...is it true ???)
 
- what maintainence cud the court grant her....??? how wud it be calculated and how can i avoid giving a higher amount to her ?? can i sell off my properties ? any other suggestions.....
 
- how can i give her that one blow and make her realise her mistakes. TILL now i am at the defending end..... can i ever attack and make her feel guilty in the court of law.. ? what are the possibilities.... and ideas ?
 
wud really appreciate all experts views... ALSO request, experienced DIVORCE lawyers from delhi to pm their phone numbers to me... Wud want to meet and discuss this in detail....
 
thanks...
 
 


Learning

 4 Replies

anil sahoo (indian air force)     31 July 2013

hi iam anil from delhi and my divorce is also sub-judice in court.

my advocate no is 9868059468 Mr. Verma. 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     31 July 2013

Dear Querist

as per your query my opinion is as under:

 

I know going to courts is a big hassle...!!! but how much is the minimum time period it takes in court to get a divorce.. Are their fast track courts for divorces ? Is this procedure real tedious and full of harrasement for the entire family. i have read at any places, handling police, Women cell, etc etc ...is a real pain ... how true is it ??
 
Opinion: there is no fast track court for divorce in india, yes it is very tedious and fully harassment procedure.
 
- She wud surely go for DV and dowry cases against us (me and my mother/sister)... how can we tackle this... ?? As we NEVER - EVER have taken a single rupee from her or her family . Infact we are still maintaining her till date... (her food/ clothes/ fruits/ juices/ AC bills / Internet bills .... even the smallest expense etc are all paid by me). As she already has many investments as FD's in banks etc etc, can she go for dowry case against me / family ??
 
Opinion: yes, she can file a case against you and your family or relatives but before this it will be better for you to send information cum compalint to higher authorities regarding all the issues and threat if any for safeguard of your self as well as your family and relatives.
 
 
- If we prove the dowry case to be fake, do we get some leverage in the court and can we request the case to be cancelled as it has been proved fake. THEN, what shud be the next best suited step .....????
 
 
Opinion: if you proved before the court that this is a fake case then you can file a defemation and malicious prosecution case against her.
 
 
- She threatens us to use fake DV case against us...and prove that i have hit her on many fake dates in last 6-7 years.. how do i tackle this...? she even says she will prove it wid fake witnesses and medical certificates. how can i save myself here ??
 
Opinion: no. 2  is the answer
 
- she also threatens us to do something to herself and blame it on me. to save myself, i have installed cctv's camera's inside my house, as i am true on my end. Otherwise, how can i handle this now if she anyday..tries doing anything insane to herself..
 
Opinion: same as above
 
- how can i have the custody on my son ?? he is very very close to me..as he sleeps with me, wakes up with me, eats, plays and goes out with me.. His mother is only a tutor for him as i am in office and she comes back early and make him do his homework etc. Otherwise she does not even takes care of his meals and other small things he needs. BUT, wud the court understand this... ??? I CANNOT LEAVE MY SON at any cost...!!! plz advice how can i get his custody in court....
 
Opinion: you can file a civil suit for appointment of guardian under Guardian and Wards act (section 25)
 
- As i have an affair, how bad ishe can use it in court ? she knows much abt the affair and even the girl. I read adultery is'nt punishable in courts, but can she take advantage of this..in court ? OR can it really go against me ?? plz advice... ( I also read, getting into second marraige helps in getting custody of child too...is it true ???)
 
Opinion: adultry will not be applicable on your case.
 
- what maintainence cud the court grant her....??? how wud it be calculated and how can i avoid giving a higher amount to her ?? can i sell off my properties ? any other suggestions.....
 
Opinion: as you informed that she is also earning lady then the court decied the maintenance as per living standered
 
- how can i give her that one blow and make her realise her mistakes. TILL now i am at the defending end..... can i ever attack and make her feel guilty in the court of law.. ? what are the possibilities.... and ideas ?
 
opinion: Its depend on the facts and circumstances of your case or her allegations against you. 
 
Feel Free to Call
1 Like

anil yadav (ns)     01 August 2013

nadeem sir aap bilkul shi advice dete h.thanks and appriciate ur advice


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