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amit kumar (hr executive )     31 March 2011

Need Divorce pls help

Hi,

It’s being hardly 2.5 months of my marriage and there has been too much of interference from girl family in my life which has made up my life miserable. Out of those months it has been not been more than one month we have stayed together and now the condition has been worse that her parents wants me to fulfill demands the way they want for the comfort of her daughter. There had been several talks within family and it has been unsuccessful in past and now finally since they are not getting what they want from me they are making false allegation and have filled a case of dowry towards me. The truth says that we haven’t asked for any dowry and have accepted her without any demands. But since nowadays girls are granted extra power they are trying to misuse the same and due to which they have filled a case against me in women cell for which I will be called for counseling at regular intervals.

Since there had been so much cheap allegations that have been put against me and my family now which have made up my mind that I don’t want to continue with her and if so what’s a guarantee such type of cheap allegations(which I don’t want to disclose in forum) will not happen in future. So here are my questions which I am seeking for some answers.

1)      Can my wife claim share in my parental property?

2)      Since she is educated, working and drawing a good salary can she claim in husband salary which is equal or lesser than her?

3)      What will happen if the counseling fails between both the parties? Can they put us behind bars on act of dowry?

4)      What the proper way to give her belonging back to her so that she cannot file for the same again in court.

5)      Since they wanted me to sign on agreements that I won’t ask girl about the ways she wanted to do things in her way and live life the way she want in my home which is further not acceptable to me. What if I deny signing such type of agreement at the time of counseling?

 

Thanking you in advance.

 

 

 

 

 



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 11 Replies

Vishal (Lead)     31 March 2011

Hi Amit...you are facing the same problem that I'm facing these days. I got married in Jan'11 and after that problems started in my life due to my wife nagging nature ..freeness she want and her mother's everyday interferance. Lot of times discussion has been made between her family & that of mine but issue is not resolving .

I am working in an IT Company & so do my wife. I am going for Mutual Consent Divorce.

amit kumar (hr executive )     01 April 2011

Hi Vishal,

Thanks for sharing your concern too. As I have read on the forums one cannot get a divorce whether by Mutual Consent before one year of marriage. Is there any way we can get it before the completion of one year and since my wife is not staying with me, does that help?

amit kumar (hr executive )     01 April 2011

Dear Lawyers,

Please assist me in getting the answers to my questions which were posted above. Thanks

sheela subbarao (Advocate)     01 April 2011

 

You have not made clear which court has directed for counseling. what are the charges against you? Hope you have engaged an advocate to defend you. However, if the agreement is one sided you may not agree. You shall be cautious while you address the problem during the conciliation proceedings. Shun ego if it is the issue. Why do you think of divorce? Do you think marriage has broken irretievably? Try if you still like her and you can manage with a mind to resolve problem. As I understand the issues are trivial and not that there is no solution. The divorce proceedings are pretty tedious. You will loose time, money and peace of mind while fighting the litigation. Say you have ancestral property and thereby you have shelter, whereas she doesn't have. As per the status that you enjoy, the court may in its descretion grant alimony in her favour. Probably, you cannot escape shelling out a big sum to her suppose you file the case for divorce. 

With regard to returning her belongings you may make submission in the court and settle the same with the consent of the court.

 

 

 


amit kumar (hr executive )     01 April 2011

Hi Sheila,

Thanks for your prompt response.

Well as you can go through my original post I am being called at women cell for counseling, and they have filled false charges against me is asking for dowry. I have not contacted any advocate yet for my defense but I think it’s time to get one or do I have to wait for some time and see what all are the other charges that they will be filling against me. Prior to putting up an application against me in the women cell my in-laws made it clear to me that they we will make sure that you will agree all the terms in written.  Why I think for divorce as they pointed on my character to my entire locality which had never been a case, just in order to prove themselves as good.  It’s not a question of liking the girl as the girl itself is the culprit who has ruined my as well as my entire family life with the help of her relatives. So I wanted to know what will happen if I am not ready to accept her again in my life during the counseling session and I won’t agree to their terms. What are the consciousnesses? Will I be put behind bars? If so can I file for an Anticipatory Bail and further file a case against them and also can I return her belonging during the counseling sessions  if advice so.

Thanks   

galsober@yahoo.co.in (def)     02 April 2011

Hello!

Sorry to read that such things happened in such a short span of marriage. Still feel that u r overreacting. She may be under influence of the parents, but try ur best to make her understand the delicacy of this relationship.

They also have jumped the gun of 498a at the drop of hat. U r the best judge of the whole mess, anyways:

1)      Can my wife claim share in my parental property?

No, if the property is self-acquired by parents. Yes, if its ancesteral.

 

2)      Since she is educated, working and drawing a good salary can she claim in husband salary which is equal or lesser than her?

Yes, she can CLAIM, but wont get it.

 

3)      What will happen if the counseling fails between both the parties? Can they put us behind bars on act of dowry?

Try to get Anticipatory Bail for such danger. Do not budge b4 pressure. Its matter of whole life! Read 498a survival guide at siff website.

 

4)      What the proper way to give her belonging back to her so that she cannot file for the same again in court.

Your lawyer will guide u in detail. No big issue.

 

5)      Since they wanted me to sign on agreements that I won’t ask girl about the ways she wanted to do things in her way and live life the way she want in my home which is further not acceptable to me. What if I deny signing such type of agreement at the time of counseling?

Never sign anything d/t their pressure. Be firm & polite at CAW cell.

Good day

SRISHAILA.DHARANI (Advocate&consultant)     03 April 2011

Dear Friend,

First of all you get anticipatory bail from the high court.Pls transfer all the properties, which were in your name to your parents name .Transfer all your money , which are in the bank accounts to your parents name.
Pls dont bow to the pressure of police people or any body.

srishaila
bangalore,9741425514,sdharani1202gmail.com

amit kumar (hr executive )     04 April 2011

Thank you for your promt response and taking your valueble time in replying to my queries.

These are the things which are happening with me at the moment and have posted the real truthly, thats why I was seeking an answer to my questions as I havent hired or consulted any lawyer till date.

sheela subbarao (Advocate)     05 April 2011

A small correction. You need to take anticipatory bail from Sessions Court and not from High Court.

Kamlesh (other)     13 April 2011

Hi Amit / Lawyers, I am facing the same kind of problems.... my wife stayed with me for 5 months in 4 years .... and claiming false eligations of domestic violence and section 93 to claim all her belongings, i wanted to give her, but upon the resolution of 13b filled by me.... and i denied to give maintenance as she is earning waiting for the mediation.. any how i want divorse from my wife ..... I think ammendment is required in our Hindu Marriage act and divorce act favouring ladies only... It should be case to case basis.... 10/10 people said that this kind of decisions are mostly favourable to ladies only but still i don't give up because i am right and she is wrong ... i will write to Human Rights commission also if required or if she file wrong 498 case against me .... and escalate to every possible authorities to justice....

Kamlesh (other)     13 April 2011

Hi Amit / Lawyers, I am facing the same kind of problems.... my wife stayed with me for 5 months in 4 years .... and claiming false eligations of domestic violence and section 93 to claim all her belongings, i wanted to give her, but upon the resolution of 13b filled by me.... and i denied to give maintenance as she is earning waiting for the mediation.. any how i want divorse from my wife ..... I think ammendment is required in our Hindu Marriage act and divorce act favouring ladies only... It should be case to case basis.... 10/10 people said that this kind of decisions are mostly favourable to ladies only but still i don't give up because i am right and she is wrong ... i will write to Human Rights commission also if required or if she file wrong 498 case against me .... and escalate to every possible authorities to justice.... to missuse the power against innocent ...

https://nhrc.nic.in/


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