Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Sam   09 August 2016

How to get divorce from wife being away from me from 5 years

Hi Sir, 

Please advice,

My name is Sam , i got married in 2011  stayed together for 3 Months she conceived , at that time we have some disturbances . Now its 2016 she not came to me. I heard that i had Baby girl.

She come often and stay for 2 to 4 days and again leave me witout intimation and go home to her parents.

I went multiple times to her home and asked her to come to me. Her parents and she playing games and not coming to me and not giving my kid to me.

Now when i ask my wfe to give kid to me she is saying that , i should accept for Mutual divorce and should accept to Give whole money that they spend for marriage.

and started  blackmailing me saying that they Put up case on me like that i took"Dowry". 

I did not take 1 rupee as dowry. Both parties mutually agreed to have 1 lakh gold for girl and we given the same , we have the Bill (Mangal Sutra , Ring , Nalapusalu chain) 

My father in law sayng that they given me 4 hechare land , but registered with her daughter name. even thoy they are claining on us.

Now they are trying to file case on saying that i ave took Dowry. No bank transaction done or no money given to us. 

1) Please advice what are the precautions i shoud take before they put case on me

2) what is the cases they can put on me and my family ?

3) My father in law asking for settlement , i have recorded the call conversations and messages. Please advice how can they helpfull for me

4) They are trying to keep case on me saying that i took Dowry ? in that time i would like to file counter case , is it possible ?

5) How many years of jail for Giving dowry and taking dowry ?

6) How to file for divorce , because my wife not coming to me from last five years, i lost my personal life ? Can i get divorce because she is away from me from last 5 years ? 

7) how can i get my daughter bcak to me.?

8) she is doing job , should i give any money or maintainance to her if we get separate ?

 

 

 

 



Learning

 7 Replies

Ms.Usha Kapoor (CEO)     09 August 2016

Your wife fails to  prove you've take dowry or that you prove that that yopu've not taken any dowry you don't get any punishment under Dowry prohibition Act which is 5 year jail term or 15 000  rupees fine or both. You can file desertion and mental crueltyu cases against her  in your divorce petition .for harassing iyou with false cases and deseerting you for the last 5 years.Until ypou prove she is earning a decent salary in hr job to lead a comfortable life you re bound to pay maintnenance. You file a petition under Hindu Minority and 'Guardinaship ACt for custody of your child as mother is the natural guardin up to 5 years of the child.The courts would inqjuire into her income and your income and if you njoy better income from your job and can give the child lots of affexrion and love the court can give the custody of child to you.According to Hindu Minority and Guardinaship Act and  Guardianship and wards ACt child's welfare is the paramount consideration for the court to put it into custody under responsibility oif one of the parenmts in the event of seperation through divorce proceedings.

Ms.Usha Kapoor (CEO)     09 August 2016

Your wife fails to  prove you've take dowry or that you prove that that yopu've not taken any dowry you don't get any punishment under Dowry prohibition Act which is 5 year jail term or 15 000  rupees fine or both. You can file desertion and mental crueltyu cases against her  in your divorce petition .for harassing iyou with false cases and deseerting you for the last 5 years.Until ypou prove she is earning a decent salary in hr job to lead a comfortable life you re bound to pay maintnenance. You file a petition under Hindu Minority and 'Guardinaship ACt for custody of your child as mother is the natural guardin up to 5 years of the child.The courts would inqjuire into her income and your income and if you njoy better income from your job and can give the child lots of affexrion and love the court can give the custody of child to you.According to Hindu Minority and Guardinaship Act and  Guardianship and wards ACt child's welfare is the paramount consideration for the court to put it into custody under responsibility oif one of the parenmts in the event of seperation through divorce proceedings.

Ms.Usha Kapoor (CEO)     09 August 2016

Also, you've to pay maintenance . t o  the child if the court decides your daughter should be kept in  the custody of her mother though your wife is erning..If the child grows up either until her marriage with  a suitabl person or till the babvy girl attains 25 years of age whichver is earlier you are bound to maintenance to the child also.

saravanan s (legal advisor)     09 August 2016

if you could prove that she had volutarily deserted you for two continuous years inspite of your efforts to reconcile you could claim divorce on grounds of desertion and cruelty.also she wont be entitled for maintenance if you could prove her voluntary desertion but you need to provide maintenance for the child.until the child is of five years of age custody wont be given to the father.if you are worried that your wife might false cases on you just make an nc in the police station regarding the same.also record all your coversations with your wife and inlaws and keep them with you which would help you to prove their malafide intentiions

Advocate Venkateshwara Rao   09 August 2016

I agree with Ms. Usha Kapoor

Sam   09 August 2016

hi Sir, 

1) Please advice i have few SMS printout with me. But i would like to have past SMS also so that i can prove easily. Please advice how can i get past SMS , is there any procedure ?

2) what i came to know is they are trying to file case in Nellore (Andhra pradesh) but no clarity wat they will file , what are the precausions should i take ?

3) Once they file case on me , i would like to file case on them in Hyderabad (Telangana) becasue i work here and stay in hyderabad. Is it good or i need to file case aganist them in Nellore (My wife native place). ? 

 

 

whatnot   10 August 2016

Even if there is 0.0001% chance of MCD, then one should pursue it earnestly without bias. All conversation done in a moment of heat should never be part of decision when a child is in play.

Set up a meeting for MCD with less relative and few lawyers as possible. Two important parts of negotiation is maintainance (wife and child) and visition rights. Not matter how difficult, let them get the feeling of winning. Once separated, it is different ball game. Retribution is bithch and same may be served later.

Separate and then plan for next battle.

 


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