Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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ANIRBAN CHAKRABARTI (Principal Architect)     03 October 2015

Shocking divorce proposal

This is just to share an experience with this forum. Supreme court called me and wife for mediation in Delhi. I want restituition because we have a 8 year old daughter. Thus, I conveyed to the mediator my wish to get back my family. To my utter shock and disbelief, wife and her father proposed me that if I give them Rs 2 crore, they will withdraw all cases against me  and allow me to access my child at their home. I am sure they are adviced by their lawyer company to tell so, or they have proposed me this amount as a step to start mutual divorce negotiation, but wife family being a highly educated family, I am in awe that how divorce has become an organized and criminalized business. I did not indulge in trading, and offered her 2 month reunion with her terms and conditions without harassing me and my parents, and a SC judge signed settlement, to which she obviously declined.



Learning

 14 Replies

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     03 October 2015

You need not to worry. your lawyer will deal eveyrthing. So better to consult your lawyer, he will guide you thoroughly.

Regards
adv.kamal.grover@gmail.com

SAINATH DEVALLA (LEGAL CONSULTANT)     03 October 2015

Its a wrong perception for the husband to file RCR initially,misguided in this aspect.Once u file RCR,UR wife who has already left UR home will never accept RCR,again misguided by near and dear.Once U file RCR U give them a scope for other avenues.Don't be surprised if she files 498A and DV.

ANIRBAN CHAKRABARTI (Principal Architect)     03 October 2015

I have full respect for you sainath, but I do not agree with you. My restituition is acting as a spoiler in their divorce party, and strategically a good move if you analyze my scenario, though I filed it at a time when I did not have any basic knowledge in law. I am filed it with honest intention to get back my family. I am not worried about 498 or DV. My daughter is my primary worry. Let them do whatever they want, I have my own responsibilties and priorities as a father. 

Prasad (Systems Engineer)     03 October 2015

Respected Anirban Sir... You are perfectly on the right track Sir.

 

I salute you for saying "My daughter is my primary worry."

 

Because many men ignore their kids in the ego clash with their wife.

 

Your daughter should be the centre of your decision and you have done the right thing.

 

Do not care any of the ugly threatening ugly legal moves from your wife.

 

Keep the RCR case moving and court will favour your right intentions.

 

The huge money demand by wives is the most ugly tactics to corner husbands. Don't fall for it.

 

Never ever respond to the money demand from your wife till she is able to get any order from court.

 

Find all possible opportunities to talk to your wife and daughter without the presence of any third parties including your parents.

 

As time passes, hope that your wife gets wisdom to unite with you.

 

Please do not file any case for child custody and ruin the dignity of your daughter.

 

Just meet your daughter wherever and whenever possible.

 

Your 8 year lder daughter will see your love and  come towards you pulling her mother along.

 

All the best Sir.

 

I am sure your true noble loving caring intentions will win.

 

 

ANIRBAN CHAKRABARTI (Principal Architect)     03 October 2015

Thanks for your encouraging words.

I have applied for shared parentship and joint custody in line with the parental plan approved by Bombay high court, as I feel at this tender age of her growth she needs both the parents and our love, care and mental security. It is unfair that one parent is given all, and the other parent does not get anything in a custody battle. As in other divorce scenarios child is being used as a weapon against me for revenge and extortion. 

SuperHero (Manager)     13 October 2015

Originally posted by : ANIRBAN CHAKRABARTI
I have full respect for you sainath, but I do not agree with you. My restituition is acting as a spoiler in their divorce party, and strategically a good move if you analyze my scenario, though I filed it at a time when I did not have any basic knowledge in law. I am filed it with honest intention to get back my family. I am not worried about 498 or DV. My daughter is my primary worry. Let them do whatever they want, I have my own responsibilties and priorities as a father. 

Hats Off to the above Bold Statement.

b.goheel   13 October 2015

dear queriest,
who r at fault tht no one knws bt tht is fr sure tht irrespective of their personal status and quarrel, both of r first parent of their off-spring.

fail to understand why mother has gvn custody bcoz in older days divorcee girl were rarely remarried. nw a dys scenario is changed.

so gud intention of giving custody of minor to mother so tht minor is under gud care of mother tht seems  to b vanished.

remarriage of mother or father, condition minor of early marriage will b somewht similiar tht wht i believe.

b.goheel   13 October 2015

it is a bitter truth tht minor is a hurdle of remarriage of both gendre.

ANIRBAN CHAKRABARTI (Principal Architect)     14 October 2015

The problem is in the age old perceptions that a child is good only with her mother. As if a father is an ATM machine to swipe the card and churn money. I feel the generic rule that mother gets everything about child and father getting only 1-st and 3-rd saturday visitaion in a jail like condition is pathetic and against humanity. A father who is toiling hard for a child has a right in decision taking for child's education and health. How can a child be good if a mother is surrounded by advisors to blackmail a father for Rs 2 cr? She does not have even judgement of her own, and always being influenced by her designing agents.

Marriage and divorce are now industrialized business organized by criminals. Parents withdrawing their daughters for blackmailing husband's family for Rs 2 cr is a bigger menace than dowry.

Jay   17 October 2015

oh man..shame on those parents who are supporting and encouraging daughter to get seperated from husband and black mailing for money...how pathetic these ppl are...

Mukesh sharma (job )     24 November 2015

hi arinav i agree with you and respect your thought you thik about your doughter its very nice so i suggest you first you talk with your wife and tell him all this hope she understand you and come back coz its best for her and your doughter who have no any reason to live without parents she wants love both of you so move on and file application in court and also talk with your wife and her parents  hope you success 

Born Fighter (xxx)     25 November 2015

Anirban,

I appreciate your love for your darling daughter and im sure destiny will give you a share of your daughters love as well.

After reading the wife's offer in SC i do not recommend reuniting with your wife at any cost. Your wife has put blinkers on her eyes and refuses to see your natural and true love for your child. Life with such a heartless person will be hell again and moreso for your daughter. 

Your wife needs Vitamin M , thats all. Put an offer of 2Cr in exchange of your daughters custody...test her...she might fall for it

 

 

ANIRBAN CHAKRABARTI (Principal Architect)     25 November 2015

Wife will definitely not return back after what she has done to me. I have filed restituition, but I doubt whether she will come back. If she does not come back within a year, after RCR is successful, it is automatic divorce.

In contested scenario, parties are advised by lawyers to close all channels of communication. Thus, she has closed all forms of communication. If I go to her parental flat, she will create a chaos and then pass the blame on me by filing DV case. So, I cannot take that risk. Marriage Counsellor and mediators have tried their best for reunion. 

I want my case to be a reference to the society how women can be cruel, selfish, harsh and clever to men. Interference of lawyer and their commercial interests are screwing my family.   

The modification of GWA 1890 is pending in Parliament for provision of joint custody and parental plan. Family courts under Bombay hc has already started using parental plan, shared parenting and joint custody. That is a glimmer of hope for me.

 

SuperHero (Manager)     25 November 2015

Originally posted by : ANIRBAN CHAKRABARTI
Wife will definitely not return back after what she has done to me. I have filed restituition, but I doubt whether she will come back. If she does not come back within a year, after RCR is successful, it is automatic divorce.

In contested scenario, parties are advised by lawyers to close all channels of communication. Thus, she has closed all forms of communication. If I go to her parental flat, she will create a chaos and then pass the blame on me by filing DV case. So, I cannot take that risk. Marriage Counsellor and mediators have tried their best for reunion. 

I want my case to be a reference to the society how women can be cruel, selfish, harsh and clever to men. Interference of lawyer and their commercial interests are screwing my family.   

The modification of GWA 1890 is pending in Parliament for provision of joint custody and parental plan. Family courts under Bombay hc has already started using parental plan, shared parenting and joint custody. That is a glimmer of hope for me.

 

Wish You Good Luck and Pray to God with Love and Devotion.

Hope you will get joint custody and shared parenting..

 


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