Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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(Guest)

Need help on mutual divorce matter

Dear Members,

We got married on 10th March 2012. Marriage was settled with the parent concent. Marriage talks started on 10th november, and after final discussion we started talking, over phone. In the initial talks we used to talk regarding our likes and dislikes. But I always felt a sense of non-affection from her side.

I thought it is due to her official problems. but this behaviour continued. After engagement , one day while talking i asked her what is the reason behind her different behaviour, then she told me about her previous affair and she cried a lot over phone and told not to disclose this this with my family members, otherwise they will break this marraige. I also though these things are her past so i should not be bothered. So , i took a promise from her that she will no more think about that guy.
After marriage when we came back to bangalore, she again started behaving very badly with me, for small small reason she started fighting with me and started calling her parents and told them that i am torturing her.

she never allowed me to establish physical relationship. everytime she used make some bahana like stomach ace, body ache, headache and some times she told that she is not feeling like that. Some or the other time upon insisting she used to sleep like a dead body and there were no co-operation, so i left doing that.

On june 23 she went to her parents house and suddenly they stated asking for mutual divorce and 10 lakhs ruppess as the compensation which they are saying they have spent in the marriage.

they are saying  if we will not give this then they will file the dowry case and hrassment case on me and my family.
Please suggest me what should be my next step ?  she had never allowed me to establish a physical relation ? Is there any way i can file a case against them ? 

My major question is that , in order to get over this trauma , if i will give them money also, will they be able to file any dowry case against me and my family ?

early response will be highly appriciated as i want to close this chapter as soon as possible .

This is very unfortunate that now a days girl and her family are using dowry case as a weapon to earn money  



Learning

 11 Replies

Md Zaryab J Rizvi (Principal Partner)     11 August 2012

Dear Ravish,

 

It is unfortunate. But many girls abuse laws which are meant for innocent girls who are actually treated brutally. As a matter of fact such girls rarely come for justice. 

 

If you wish to close the issue you should agree to mutual divorce, it appears on face of it that you will be loosing money. But trust me you will buy peace for yourself and look for a better future.  But if you decide otherwise and you wish to get justice, you have to take all the right steps herein after, as inaction on your part can be harmful. 

 

Consult a lawyer in person and give full details to him, to spell out the right course of action. 

 

I may not be of much help as I am in Delhi, but if you wish to talk you can do the same. 

 

All the best.

 

Zaryab Rizvi 

9999784700

www.lczf.in


(Guest)
Dear Sir, Please give me a suaitable time to call you

(Guest)

Safeguard yourself against a false dowry case which can be slapped against you irrespective of whether or not you concede to the demands of your wife. Although there can be no complete protection from a false dowry case, nonetheless you can make an intimation to the concerned authorities expressing your fear of being implicated in a false case.

supabcdefgh (teacher)     11 August 2012

As suggested in a past case, apply for RCR, don't discuss issues. If she discussed hear.

Just ask for your right. And in she files 498a, you may ngo to jail, but do not be afraid.

Be positive always.

First advice in councelling: Wife will try igniting you to violence. Never get excited.

Never give anything in wroting.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     11 August 2012

Dear Ravish,

If u can bear her demand easily for peace then go for mutual consent divorce and prepare an agreement and put signature of her and her parents and other witnesses before paying any penny. This Compromise deed will prtect you and your family members but plz go to any expert to prepare the draft of compromise deed else any lacuna will harm you.

But if u want to teach her a lesson then you have to wait for two three years and have patience to fight various cases. For that you have to consult any expert lawyer.

Good luck.

JANAK RAJ VATSA (ADVOCATE)     11 August 2012

if you want to get rid of the problem soon as stated by you, then settle for mutual consent divorce thru court only. and engage a advocate for drafting of the mutual consent divorce petition with detailed clauses to avoid any future implications. however if you want to go on, then lodge a complaint with the police yourself first detailing the interntiions of yoiur wife and family to implicate you in false dv and dowry cases.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     11 August 2012

Dear Ravish,

If u can bear her demand easily for peace then go for mutual consent divorce and prepare an agreement and put signature of her and her parents and other witnesses before paying any penny. This Compromise deed will prtect you and your family members but plz go to any expert to prepare the draft of compromise deed else any lacuna will harm you.

But if u want to teach her a lesson then you have to wait for two three years and have patience to fight various cases. For that you have to consult any expert lawyer.

Good luck.

Amit (NA)     11 August 2012

But what about the 10L demand? No one commented on that.

Marriage expenses happen on both sides so 10L demands sounds too huge. Just return the jewellery etc given to you in marriage that too as part of your mutual consent agreement. Go via court only.

Inform the authorities about your apprehension. Call them up, talk nicely regarding the separation and record the whole thing including the threat of dowry cases etc.

Try to get anticipatory bail too.

 

Come to think of it, I am observing that girls who had boyfriends etc in the past seem to be the worst wives. It looks like we should dig the girl's past before agreeing to the marriage proposal. Surely the author's wife is the cause of ruin of three lives.

rajiv_lodha (zz)     11 August 2012

Originally posted by : Kamal Grover

Dear Ravish,

If u can bear her demand easily for peace then go for mutual consent divorce and prepare an agreement and put signature of her and her parents and other witnesses before paying any penny. This Compromise deed will prtect you and your family members but plz go to any expert to prepare the draft of compromise deed else any lacuna will harm you.

But if u want to teach her a lesson then you have to wait for two three years and have patience to fight various cases. For that you have to consult any expert lawyer.

Good luck.

Dear Advo!
The queriest says that marriage happened in march 2012, can u tell how MCD be applied 6 months after marriage? Isnt 1yr time period necessary to do so!?

Narendra Malik (advocate)     11 August 2012

 

petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnised before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976)*, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

 

(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnised and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.]

RAHUL KANSAL 9041629676 (ADVOCATE)     12 August 2012

Hello  ,

                       I have read your whole of the story and find out that you are a  victim of misusing of indian dowry laws which are ment for the protection of the girls but today people have made a mokery of these laws and started to use these laws for there own selfish motives .

                       i will suggest you to sattle this matter with mutual divorce but i will also suggest for proper nagotiation while accepting their demand it will definitly help you in getting rid out of this and appoint a good advocate who can help you who will plead from your side and help you in selection of the terms and conditions of the divorce and nagotiate from your side ,because i dont think you need to accept all the demands without any nagotiation.


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