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RVP (Personal)     22 July 2013

Notarised dissolution of marriage deed

My Father in law is a very renowned lawyer of his city and practicing past 40 years with great political influence. My marriage is inter caste, inter state. It did not workout as we used to fight on every issue; small or big, of importance or not. She hardly stayed with me for five months and left my house quarrelling with my mother when I was away on business tour. All my efforts to bring her back are down in drain.

She has such a  poisonous tongue that she led me to sucide  for four times in the five months she stayed with me. As it was apparent that our marraige will not succeed, both the families decided to seperate us forever.

Citing provisions of HMA (divorce within one year in case of exceptional hardship), my father in law persuaded me to write a suicide note dating ten months back and a declaration dating six months back  that; "I have suicidal tendencies and I declare that I will not commit such act in future and if so, nobody from her family will be responsible"

On the basis of the above two, they sent me a "dissolution of marriage deed" on Rs. 500=00 stamp paper. The stamp paper is purchased from the court my FIL is practicing in, the signature is of my wife ( I think so ), It is a four page deed with signature of my FIL, a witness and my wife on all the pages and also it has been notarised.

So far so good. Now, I have received a DV notice after about  six months of receiving the above dissolution deed and they have accued me of  threatened them in siging such a dissolution deed and have demanded heafty maintenance. The have annexed my sms and e-mails wherein I  have asked them to send me the divorce papers to sign as proof.

I trusted my FIL and did exactly as he said but now they are using everything against me. I know that I should not have done this but then, to get out of the mess I was in, was the only thing on my mind and my FIL  himself said that his daughter was at fault in breaking the relationship and said he was sorry to lose me. He gave me sugar coated pills and is now demanding heafty alimony. 

Is there a way out? Is it possible in any way to prove that a learned councel can not be threatened to sign on any document over phone and that too in the presence of a Notary? Is there a way to prove that supposing the documents were signed forcefully, they should have taken action immediately and should not have waited for six months to file a DV case ?

And the most important thing - On the date the papers were signed, I was in other part of the country and I have witness / hotel bills / meeting schedules / air tickets / phone records to prove that I was nowhere near them.

Kindly guide. I have detailed the incidence here to caution others that we should not trust the otherside, come what may. 

I hope that some of the experts will surely show me a way out.

Thanks in advance and look forward to your replies

RVP



Learning

 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     22 July 2013

In such cases a way out can only be suggested after going thru all the papers and knowing the full happening and not on the basis of few lines jotted down on the forum. It needs study of facts in details. Engage a good advocate and discuss with him all the details so that a way can be found out.

1 Like

Adv k . mahesh (advocate)     23 July 2013

in your case once you said that your fil had taken signatuers of yours and another sentence you say that you have hotel bills showing that you are not anywhere around at that particular incident

as said above first discuss with a senior lawyer about all aspects and show the documents and the sms email to him 

do not worry no one will be falsely implicated unless if you did any wrong 

1 Like

RVP (Personal)     24 July 2013

@ K. Mahesh :

 

Sir you are getting it wrong. They - My Father-in-law, my wife and a witness from their end signed the papers, got it Notarised and then sent them to me by Courier for my signature. I have simply signed the papers along with two witnesses but have not Notarised it from my end.

Neither me, nor any of the witnesses of my end were present at my wife's place. I did e-mail and sms them to send me the divorce papers if my wife was not willing to join me and was very sure of parting ways. In fact she did register herself on Shaadi and Jeevansaath prior to signing the papers. She also sent me the profile IDs of the candidates who were interested in her. Now they are saying that it was me who threatened them from 1500 odd Kms and forcefully made them sign the documents.

I hope this clarifies

Adv Archana Deshmukh (Practicing Advocate)     24 July 2013

Tricky situation and needs to be handled skillfully. Your FIL though a criminal lawyer have committed mistakes in trapping you, you should take advantage of that.


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