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tired and exhausted (Production Manager)     22 May 2015

Next step to legal notice

Hello People, 

Me and my wife are staying separated for 2yrs now. She left my house and went to her native and started working there... I went quite a few times to reconcile and get her back along with my parents. And my parents went few times on their own as well to convince her elders to send her back home. In feb this year her sister called and made demand of 15 lacs for MCD. We refused to pay this extortion and said let the court decide this. 

Since things were not working out I sent a legal notice in 2nd week of April this year and about a week back received a reply from her lawyer. My notice was simple and straight forward, in which my lawyer said since we are already staying separated for 2 yrs and things are not working out so lets ambicably finish this relation and get legally separated and we can carry on wth our lives. My notice was hardly 2 pages. 

Now when my lawyer got her lawyers reply... its a 6 pages reply which is nothing but lies... She has said thay we sent her home becoz we want dowry which is not the case as i belong to a good family and we dont believe in dowry system...specially when my ex wife doesnt have parents.. She has also blamed me of physical abuse and torture... She has said i would verbally/physically abuse her without any reason (I'm not a mentally retarded) yet again which is not the case... as i believe have i done what she is claiming i would have been in jail by now. She has also said one of her Uncle (Chacha) who stays in Delhi visited us many times and warned me etc etc and in reality we did call this uncle of her but he didnt care to respond and we were told to meet her other uncle (Tau ji) and since then we are interacting with her Tau ji and Tai ji and so far they have been very cooperative and also in agreement with us that we should finish this relation in amicable manner.. 

Apart from this she did attempt to have an affair with her ex boy friend who is abroad.. they exchanged few mails and messages on fb which were s*xual in nature and they did plan to meet but i got to know this.. when i confronted her she conffessed to her wrong doing and did message me admitting her wrong doings on whatsapp (Can i use this as evidence?). Now she has totally refused to have any contact with this guy and I'm the one who is spreading this as propaganda.. I have all the mails with me and can prove this in the court of law. 

To put it in nutshell she has blamed us for dowry/domestic violence, mental torture etc etc. and said we are intentionally maligning her reputation and has refused for MCD And demanded 5000/- for the lawyers reply and if at all we go on for divorce petition we will have to bare all the legal cost for the proceeding, 

My lawyer has said we will go ahead and file in a divorce petition at the earliest. Please advice/ suggest what should be our strategy to safe gaurd ourselves. My parents are really old and dont want them to suffer unnecessarily. 

Thanks in advance..







 3 Replies

Prashant Ghai (Advocate) (     22 May 2015

Your Lawyer has adviced you correctly. I presume your Lawyer would be filing the Divorce case on thr gournd of Desertion and Adultery.

FREDYCHARLES RK - Bangalore (Advocate)     22 May 2015

Yes FB are good evidence. Recall people are prosecuted based on FB, so yes they are good for court. Save the pages on some medium and get photo prints immediately before the page vanishes 

tired and exhausted (Production Manager)     22 May 2015

Thanks Adv Prashant Ghai and FredyCharles RK

Yes thats what my lawyer said.. she said we shall put up a case of Desertation and adultery.. 

Yes i have saved her fb chats, her conffession to me on whats app about her relation and i have forwarded her mail to my email account. 

Just out of curiosity wanted to know... My lawyer suggested to send a simple notice and it was hardly 2 pages where we said since we are not compatible we should go ahead with MCD. But to my utter surprise their lawyer has sent a 6 pages reply.. I was expecting some resentment but not like this.. I guess they are trying to intidimate me.. Should i be worried?? should i change my lawyer?? 

Please advice..

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