What are the options for contested divorce ?

i think she does not want to live with you. she might find another love. 

 

can you prove extortion against her ?

 

if you don't agree to mcd, she might file a 498A, the great weapon in wife's hand in these days. in that case all of your family will go to jail.

 

look man, if she is in a hurry for divorce, i think you should go for an mcd. in that case the you can reduce the maintainance amount to a considerable extent. but if you go for a contested divorce and she commits a suicide, then you will be in big trouble. her parents can bring criminal charges against you.

 

there is no point dragging the matter to 5 to 7 years. if a partner does not agree , you better look for another.

 

 

 

1. Yes, If DV & 498a alligations found false it amounts to cruelty.

Why you fear about 498a now a days no one is going to jail for a simple 498a unless they had produced a medical report or prima face harrassment.

I am also in the same boat she filed all the cases by all false alligations. I had submitted all the proofs and when cross examining all the she has only accepting the truth that all the alligations are false.

You are on the right track, don't go for mcd contested divorce is the best option, as you said false dv case is amounting to cruelty yes its right, don't afraid about 498a, once dv turns down its become very weak, initially don't file any case against her, let your case decided .

Thank you Srinivasan Mr. Joshi, Arix for your answers.

[1] It's good to know that false DV amounts to cruelty. Are there any supporting judgements for this ? I have found some related to false 498A and implicating parents amount to cruelty. But did not find any which is based on false DV.

[2] About the extortion, I have several circumstantial evidences. When a highly educated wife resorts to extortion it cannot be blatantly asking "give me money". Mostly she insisted me to fund huge amont in her career/ventures, for her own personal good. The evidencs are not very strong or direct, but I think they have merit. My question is, for filing extortion will be considered dilute if filed after more than a year ? Is there a timeline for filing extortion after the incidence happened ?
Mr. Joshi, I have the same plan - to wait for the result of DV. Assuming it takes 1-2 years, will it be okay (i.e. not cosidered dilute being delayed) to file extortion after that ?

To answer the 498A part, I am not really worried aout it. Firstly, for 498A her story has to be a complete different from that in DV - because none of those remotely qualify for 498A. Although she vaguely cited dowry harrasment + she was suicidal after going home - without any details. I think it's her laywer who thought without mentioning these phrases DV will have no weight. However she is quite enjoying her life after going home (dancing in marriage, partying in pub etc.) With all those pictures, her Facebook updates, and the fact that we were talking and in touch months after she left - 498A would be ridiclous. She spent only one night with my parents, where she was pampered like a guest and gifted several dresses (all on records) - forget 498A even for DV she wont be able to prove the very existence of a domestic relation with my parents in the first place.

I will be lucky if she files 498A againsst me and my parents (I've already taked AB). See my question - having a false 498A is more precious counter-weapon for the husband than false DV. Urfortunately she won't make that stupid move.
About MCD I didn't say I'd drag it if she wants to separate. I would agree to MCD at zero alimony , but the offer has to come from her side, I won't initiate it. Once I see all maintenance cases are over - DV and whatever else she files (HMA etc. all loose ground for wife highly capable AND working), I can even ask for nominal alimony in MCD.
I don't fear it anymore, I am amused and relieved to see how quickly she took a job after my laywer moved the date by 6 months - she was intentionally not accepting any job to collect maintenance.

Jiag, Now a days lawyers hiself know that these written alligations in DV or 498a will not last but 90 % of husbands and relatives will stund by seeing all alligations and came for a settlement and for avoiding litigation. One more thing is that if husband side has strong evidances againt wife's alligations it will be useful at evidance statge untill that stage 80% of the cases settled so there is no use of evidances from husband side.

 

Srinivasan,

Seriously ? I spent a lot of time collecting evidences - all will be waste :) If she offers MCD and asks huge alimony, I'll pass. I bet her patience will collapse before mine, only time can verify this. Let's see... As I said, she's still in her prime age to be bride again, and seeing her recent pictures in Facebook it seems that it won't be too long. In marriage market, a woman's value deprecates way faster than a male. The reason is biological - women age faster. The matter is how long she takes to realize that in attempt to punish me she will be loosing out on the precious years of her reproductive age.

By the way, what happened to your case ? Did the settlement offer come from her side ?

In my case my wife has no intention to harm me and my family for that purpose I filed RCR initially. But in all the cases the alligations story is made by her parents and her advocate she only signs in the bottom whatever they wrotes. In mediation and counciling their parents are talking on behalf of her.

I have lot of strong oral as well as documentary evidances. But while crossing she is accepting truth which is contra in her cases as well as affidavit.I didnt had any single rupee on account this marriage. I didnt get the answer why their parents are spoiling her life as well as mine. they dont know the life after second marriage. now she crossed 31 .

I had submitted all the proofs but if they want divorce their parents should answer my life and image in society etc.. 

@Jaig: You have thought well about all the aspects and have decided to step into a right direction.

Well you can file a divorce case on the grounds f cruelty, the cruelty may be mental cruelty too.  She has filed DV case against you on false allegations, the intention is to harm you and spoil your reputation and peace by such false cases.  This causes cruelty

She left the home on her own, that indicates she has failed in her obligation as a dutiful wife, this will amount to cruelty and desertion

She is earning or capable of earning a handsome amount every month as income hence that should be a sufficient ground for repudiating her claim for maintenance.

If you are not accepting her terms for MCD, she cannot force you to accept it.  Let she contest your divorce case or submit to the decree as prayed for by you without imposing any condition.  You can dictate terms on that occasion.  Do not agree for settlement if that is not practicable.  

If you are prepared to face long drawn legal battle keep going.,