No Dowry Certificate

My simple question is that when you do not want to live with her, why you file RCR instead of divorce?

She filed dowry and haressment case against me and my whole family, and if I will file divorce (on which grounds), I will be suspected that she is right, that I do not want live with her so I am haressing her for money (that I never think of)  and it be will automatically proved..

Please give me suggestion that on which grounds I can file divorce,, I face lot of mental crueltym but how can I prove.. I have two option ,, either I need to prove that she deserted me or Mutual consent( she does not seems to ready, Purpose: Money Extortion).

If someone wife will file 498A then shouold he file divorce,,,,, when he will get taht divorce ??

https://www.ignou.ac.in/Schools/sothssm/Mou.htm

is it invalid or only this is believed,,, and other can not be beleived.  it also seems stamp paper...

My dear Mr. Kumar,

There is nothing in law, as far as I know, that a divorce petition from husband's side does not lie against the wife, if wife filed Section 498-A case or any other harassment case, including Section 125 cr.p.c. or domestic violence case.  Hence, if you do not like to cohabit with her, the appropriate course of action is to file a divorce case under the ground (1) cruelty (mental cruelty is also comes within the purview of the definition "cruelty") and desertion (if she deserted two or more than two years at the time of filing the petition).

2.  Just by filing a Section 498-A case or a case under dowry prohibition Act by your wife does not make the court to believe that you harassed her for dowry or for any other thing.  The burden is on her to prove "beyond reasonable doubt", which she will fail if the allegations are false.  THERE IS NOTHING IN LAW TO FORCE THE COURT UNDER SECTION 498-A OR DV ACT OR DP ACT, TO PRESUME WHATEVER SHE IS TELLING IS A FACT AND YOU ARE PRESUMED TO BE GUILTY  (The exception is 304-B IPC case).   On the other hand, you are presumed to be innocent till the charges are proved.  At the time of your defence (in the final stage), the stamped paper comes to your aid, while explaining the allegations under Section 313 cr.p.c. statement.  Let us leave it to the court, what inference court would bring out of this document. 

3.  It is established from times immemorial -"two wrongs cannot become right".  If she filed a false case, you cannot counterblast it with a false case.  If you want divorce, file divorce case and if you want her to come back, you file RCR case.  Do not think that "judges" are fools.  They know every thing, before you open your mouth, because they deal with the people like you and your wife, hundreds in number, in a whole month.  They know ins and outs and they read between the lines and they hear in the silence between the fractured depositions of witnesses and elaborate arguments of advocates.

4.  Do not blame the advocates.  If you believe them, get their assistance.  If you do not believe them, you fight your case yourself.  But just paying legal fee they are not obliged to hear the non-sensial words like "Monkeys".

Wish you best of luck.  

I am sorry Dear Mr. Prabhakar,,, I am  in little pressure.  I am not telling advocates monkeys ... I told myself and wife both as CAT also.. this is the example of classic story that when two fool fight each other and does not ready for any solution then wise or clever perons always takes advantage and solves their problen acordingly.   I beleive in law and as well as in advocates but our police system is totally  corrupt.... 

Now I will tell you little about my case.

it has been only 1.5 yaers for our marriage ,, she lived with me only for 4 and half months in bangaore, as she did not like things  here., she wanted to take me in full control.and wanted everyting according to her..  .. I do not know why ,, may be her over expectations did not meet her with me.. she is hypersensitive and short temper... I am unluckily stuck with her .. my parents lives in rajasthan and even me and they did not make any enquiry about her before,, they just see her educational qulaification..... The girl I am talking about is  is 8  months  elder than me (29 years old) as well as M.Tech in Electronics and 5 + years of Teching experience as a lecturer in engineering college and currently she is working as a reader in bareilly UP, she is not helpless women (abla nari). 

she left  for for her own purpose without my wish and my parents wish, and after going there she stopped communicating and threatened to take revenge(??)  and  told that she will put me and my family in trouble .. at that time I was not having any idea of these all things. one of lwayer in bangalore only suggest me to file RCR. I can not file divorce on the basis of dissertion as u also know. I talked her to slove things mutually whather way she deisred but she refused and her intention is to put me in trouble and extort money from me ...as I am living far from bareilly in bangalore.. .. it will be trouble fo rme to go for cases there as I am working in private industry.

Yours is one of the simplest problems in matrimonial disputes. The solution does not lie in RCR or divorce petition. You both are highly educated and very intelligent.  But came from different tempermental societies.  You both do not have the sufficient cooling period to understand each other, to mould the other, to be moulded in accordance with the other's wishes.  You both stay together in the company of a very matured person on whom both can rely.  Your problems would be solved. 

I am sorry to say this, that on those grounds, the court may not grant divorce to you as they are neither specific nor cruel within the definition of law.

I beg to disagree. Much water has flowed. Staying together to start a new life happens in films not in real life.

The marriage held only 1 year 5 months back.  Both husband and wife lived together only for 4 months.  Remaining period they have been living separately not only due to their different tempermental attitudes but also due to  their hectic professional responsibilities.  There is every scope for patching up the differences for the requirement is to tune the temperments of both husband and wife on same wave length. 

If professional responsibilities take precedence over married life to such an extent that they are forced to live separately for 13 months and now are thinking of divorce, there is something basically wrong. If, as friends suggest, you can save your marriage, nothing like it. 

Normally, they break down irretrievably. Too much economic independence also is one of the factors for leading us to such an impasse.

i am agree with both Mr Prabhaka r and anil agarwal sir,

I tried my best to patch up the things when she lived with me.

She told she has habit of earning and can not live with the money and as she is not getting job with me so she has to move somewhere else and she wanr and filed case against me. My mistake was that I wanted a happy married life but I married to girl whose priority was not happy marrage but money money... money and her job.

I think man those got obedient wife are the luckiest in india atleast.

Forget about the bon homie. Get the best legal advice and proceed. Living with a spouse with whom there is total incompatibility makes a person a mental wreck. There can never be a patch up leading to normal married life and bringing up children in congenial atmosphere once the trust is broken by either partner.

I am agree with Anil agrawal sir,

it has been only 5 years I started my career and long life is ahead in front of me.

when I stuck with this kind of cases I also started studying the law, and found that it is for the foolish peoples, they waste their their time with the courts and court agents.

Actuall if both parties are honest and wise, they will never go the the court but most of the times it happens because one of the party drag another in the courts to haress or some other same kind of purposes.

motive is never good.

I am ready to solve the things by mutual consent but my wife is misguided by someone( in her family or ouotside her family) that she can misuse the law to extort the money from me by mentally herassing me, because the biased law is her side. and to interact with this klind of procedure without any reasin itself a mentally and economically haressment.

I think by now your mind has been cleared of the cobweb and instead of postings in LCI, you may think of proceeding with the case.