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Sarvana Shekar (ssr2)     30 May 2013

Need desperate help

Hi Experts,

Please help me with some suggestions,

 

Parents and myself are victims of 498A and DV act. This case was filed against us on the 8th of July 2011 which happens to be my bithday. i was married to this girl on 20th April 2009. This is an arrange marrage. The marriage was not a succesful one since the girl and thier family members were behind the property with matirialist moto. The gilr started picking up fights for petty issues and left matrimonal house often, atleast twice a month. There has been talks held by elders on several occasions and the girl was found guilty. the girl always accepts her mistakes in front of relatives/ elders and promises not to repeat this. However she always does exactly what her mother seeks from her. To cut the story short they could not change me for their requirement. some where around in June 2011 she left the house for his brothers marriage and filed 498A against me and my parents. which happened to be a 2nd saturday followed by sunday. i was not in town thus escaped arrest later after loads of struggle managed to get a bail. later filed a DV act seeking 25lakhs for ruiening her life and 20 thousand monthly for maintance. 

 

We approched Mediation for settlement, they wanted us to write 1 house in the name of Daughter and 1 on her mothers name only for them to with draw the current cases and they will not give divorce hence the mediation failed.

Mean while i had applied for Divorce and it was dissmissed stating the face of the complaint makes cruelity on the wife and the husband has not made any efforts to reunit after i presented the FIR copy for evidence respondant was declared exparty. I know there was a good opurtunity to get a exparty divorce un fortunatly the case was not formed well to get a exparty divorce.

I then appealed to High Court who in return ordered me to pay legal charges for the Wife to appear. i made the payments and the court dismissed my pettition. ordering the respondant shall with draw all the criminal case against the petitioner and join the husband the brothers and parents shall not interfere in the matrimoal life.

After this they came back to my home with some goundas and held talks where they seeked 50 lakhs of compansasion, we refused and when to the local police station, where an NC was registered and the inspector advised to with draw the case and come back.

After whcih they have been making all efforts to with draw this case. they have with drawn DV act and they are in the verge of with drawing 498A. however i have applied for a discharge petetion for my parents. which is under ordering status in lower court.

I do not want to take her back, she has ruiened my carier, life and reputation in society.

Experts, please advise what i can do now to get rid of her....... i am ready to pay one time settlement which reasonable and affordable to me.

 

Thanks in Advance.



Learning

 30 Replies

Advocate Deepak Gupta (Lawyer)     30 May 2013

Sarvana ,  Wait upto lower court order , then try to file mutual divorce petition.

Sarvana Shekar (ssr2)     30 May 2013

Thank you for your reply sir.

 

They will not agree for Mutual consent......... They will force me to take her back. is there any other way out of this? please assist 

Advocate Ravinder (Advocate/Attorney)     30 May 2013

First of all check up whether your wife has atleast some sort of love and affection in you or not.  If she do not have that, then it is better to go for mutual consent divorce.  Rs. 25 lakhs is very huge amount. Try to settle in 3 to 4 lakhs (it will depend on your salary, please disclose your salary) and go for one time settlement.  Do not  be hurry and pay any amount before one time settlement.  "Ek haath do, Ek haath lo".

 

If you pay the above amount i.e. 3 to 4 lakhs, as per my expectation, they will not ask you to come with them, as you said they are materialistic. 

While preparing one time settlement take help of an experienced lawyer for drafting.

Sarvana Shekar (ssr2)     30 May 2013

Thank you for your response SIR.

 

She will not agree for Mutual consent..... she wants to ruien my life.

Advocate Ravinder (Advocate/Attorney)     30 May 2013

Are you willing to reunite with her.  Whether she having any love and affection in you and in the same manner you have any love and affection on her. Please tell me wholeheartedly.  

 

After answering the above I will tell you the solution to your problem. 

Sarvana Shekar (ssr2)     30 May 2013

Thanks for your reply.

 

I have never agreed to take her back..... The Police advised them and i have always told i am not going to take her back no matter what happen!

Sarvana Shekar (ssr2)     30 May 2013

I do not have any affcetion or love against her............. If she had any after giving so much trouble to me and my family she would have not filed a case against me. She does not love me either, she just wants to ruien my Life.

Sarvana Shekar (ssr2)     03 June 2013

@ Ravinder Sir,

Please tell me what needs to be done, i have answered you.

Advocate Ravinder (Advocate/Attorney)     03 June 2013

Please check up email.

Sarvana Shekar (ssr2)     03 June 2013

Sir,

I have not received any e-mail.... Could you please send it to me again.

 

Thanks in Advance

Advocate Ravinder (Advocate/Attorney)     03 June 2013

I have gone through your email.  I understood all the contents. Infact I have sent email, but I do not know what is the problem. I again sent email. check up. If there is again problem give me another email.

Sarvana Shekar (ssr2)     04 June 2013

@ Ravinder Sir,

 

Thank you once again, yes yet again i have not received your mail..... :(  it would be of great help if you can sent the same e-mail to sarlraj@yahoo.com

 

Thank you in Advance.

Advocate Ravinder (Advocate/Attorney)     04 June 2013

please check up sarlraj@yahoo.com

Sarvana Shekar (ssr2)     04 June 2013

@ Ravinder Sir,

 

I got your e-mail, however it looks like you have send me someone else's suggestions, the place and the matter you mention does not match with my case. Please check. This is why may be i dint receive your e-mail initially. Please be kind enough to answer my query you may refer to entire chat conversation in this forum..... Looking forward to your reply.

 

Thanks in Advance.


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