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Shivaji Rao (worker)     21 November 2011

What would lawyers/advocates suggest when female approaches?

not sure ...if I could ask this question

let us say a female approaches a lawyer saying she wants divorce from her husband. there is no issues between husband and wife. however Wife has an extra marital affair and wants to break the relation with her current husband and wants to have all husbands savings with her.

what would you lawyers/advocates suggest her?

Note: Wife is having all the savings of NRI husband. Also wife never lived with in laws.



Learning

 48 Replies

Tajobsindia (Senior Partner )     21 November 2011

@ Author


We would suggest following;


1.
To call her husband and express wish to set her free from bonds of marriage and seek his email ID and banking codes swift wire transfer of funds.


2. Then would assist in making a Invoice –cum- Bill of the total saving amount and fill up the A2 Form and fill up the RBI declaration and then ask her to present the transfer instruction to her bankers holding here saving funds of her husband back to him and thus transfer instructions goes ahead for all his savings through wire transfer.


3. Then would ask her to send MCD petition with Agreement to his Email ID with POA where in it would specifically be mentioned about such and such amount of money being given by wife towards her consent for MCD as one time full and final settlement amount given by wife to husband.
 

There will be no mention of whose saving it was and reasons never told to husband for setting her free from this dead marriage!


Any reasonable husband whose wife has all his NRO / NRI savings locked here coupled with no worthwhile cohabiter communication either with him or even with his side of family will agree for MCD and set her free once for all once a SMS from his bankers pops on money transfer successful :-) 


Reasoned possibilities are all in the mind set the mind free and pops such FREEDOM for a adulterous wife with load of money but then money and/or janu resonance shoots down above paras advise so afterall what was the wishful question Sir ji J

1 Like

Shivaji Rao (worker)     21 November 2011

@Tajobsindia: You seem to be a genuine/good lawyer.

Wife and in laws agreed to give my money back. however they do not want to put it on paper. And now threatening with dowry. Lawyer with whom they are working with has a criminal brain. 

So just wanted to find out what lawyers/advocates would suggest to a female approaching them to dissolve the marriage.

Tajobsindia (Senior Partner )     21 November 2011

OKies……..


If those are the emerging brief then.....


REMOVE the middle umpire

Seek confidence of In Laws and immediately SUBSTITUTE with your man with bonus assurance to him to give both sides fair and clear MCD only nothing else at the end of the day
J

Then opt for plain simple MCD but don’t forget to mentioning under one of the MCD Paras "I expressly forgo all my past, present and future alimony rights along with my right to residence rights post divorce from my husband" and get this silver quote recorded in Joint Statement of Parties and ensure she signs on this joint Statement

and

Bingoo (where is the party to LCI man !)

and

donot forget to pay bonus to your (fixer) Man in need once all certified copies with decree sheet in exed parties hand.


[BTW out of curiosity what happened to suicide brother (I read someone was hell bent to commit suicide after squatting on husbands savings)]

ha ha

 

1 Like

Shivaji Rao (worker)     21 November 2011

@Tajobsindia: Thanks

No more suicide threats....it is only dowry threats....itz been going on for past few months. Now getting AB for my parents, as they are in India. Greedy female resorting to cheap tricks

Shivaji Rao (worker)     21 November 2011

how much can be claimed as part of defamation case, if wife files a false 498a?


(Guest)
Originally posted by :Tajobsindia
"
@ Author


We would suggest following;


1. To call her husband and express wish to set her free from bonds of marriage and seek his email ID and banking codes swift wire transfer of funds.


2. Then would assist in making a Invoice –cum- Bill of the total saving amount and fill up the A2 Form and fill up the RBI declaration and then ask her to present the transfer instruction to her bankers holding here saving funds of her husband back to him and thus transfer instructions goes ahead for all his savings through wire transfer.


3. Then would ask her to send MCD petition with Agreement to his Email ID with POA where in it would specifically be mentioned about such and such amount of money being given by wife towards her consent for MCD as one time full and final settlement amount given by wife to husband.
 

There will be no mention of whose saving it was and reasons never told to husband for setting her free from this dead marriage!


Any reasonable husband whose wife has all his NRO / NRI savings locked here coupled with no worthwhile cohabiter communication either with him or even with his side of family will agree for MCD and set her free once for all once a SMS from his bankers pops on money transfer successful :-) 


Reasoned possibilities are all in the mind set the mind free and pops such FREEDOM for a adulterous wife with load of money but then money and/or janu resonance shoots down above paras advise so afterall what was the wishful question Sir ji J
"

wah wah..this type of lawyer wud get only one matrimonial case...

jhuth bolna sikhe to tajob se..

Shivaji Rao (worker)     22 November 2011

if parents are not living with son and daughter in law, would parents have to go to court when 498a is filed? 

could some one share their experiences regarding it? 

Shivaji Rao (worker)     22 November 2011

guys...could we get some suggestions on how you would tackle the case when female approaches for divorce and got all the money of NRI husband?

how to torture the NRI husband and his family so that wife can extort more money?

Shivaji Rao (worker)     22 November 2011

if wife does not come and stay at husband's place, can husband go and stay at wife's place? 

NRI husband does not have any money as it has been gifted to parents and relatives....can NRI husband file for maintenance from wife? 

please help with my last post

"guys...could we get some suggestions on how you would tackle the case when female approaches for divorce and got all the money of NRI husband?

how to torture the NRI husband and his family so that wife can extort more money?"

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     22 November 2011

Vague query based on speculation.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Shivaji Rao (worker)     23 November 2011

I have limited knowledge in law (or consider it as zero)

with whatever I have read/learnt so far, most of the cases are falsely implicated against husband just to extort money.

my question to lawyers:

Female approaches them to get the current marriage bond dissolved and to get more money from NRI husband, what are the tactics a lawyer would come up with?

One thing for sure is dowry case but need more details.

how can one file a dowry case when neither husband nor his parents/relatives have asked for money? 

I am trying to find out if any lawyers/advocates in this forum have done it? if so, please PM me, if you do not want to share it here.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 November 2011

Then you need to understand the diffirence between cognizable and non-cognizable crimes.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Raj Vikram Singh (Software Engg)     23 November 2011

 

This is what one of the good lawyer suggested to my known to. Removing original ID's as this is public forum
 
 
Dear Ms. XXXX,
 
Normally divorce petition on the basis of cruelty etc. take years together for decision in Court; further once your husband comes to know that you simply want divorce asap, then he will try to delay the matter one way or the other; still further, if you ask him for mutual consent divorce, he may not agree. And hence, even if you want divorce, the better way is to file following cases instead for divorce directly:
 
1.         Complaint of domestic violence BEFORE CHIEF JUDICIAL MAGISTRATE claiming resident order, maintenance, compensation for any loss, etc.
2.         Criminal Complaint (Written) in "CRIME AGAINST WOMEN CELL" for Dowry demand and misappropriation of Istridhan by the husband and in-laws under section 498A/406 I.P.C.
 
For claiming maintenance, you need not leave your job; the court decides the maintenance on the basis of disparity in the income of husband and wife and the status under which you had been residing with your husband. There is no fixed formula for the court to decide about the amount of maintenance; it all depends upon the income of husband as well as wife; dependents on the income of husband and many other factors.
 
Even if you want divorce asap, don’t say it or show it to your husband, let him feel the heat of aforesaid suggested cases, he will himself ask for mutual consent divorce, for which you can agree on your terms. Filing the aforesaid cases may cost you some money on litigation, however, it will better.
 
If you want precise advice, you can talk to me 
 
 
If you have any further questions or concerns kindly feel free to contact us either through Phone at  XXXX or e-mail at XXX@XXXX.com.
 
Regards,
 
 
 
__________________________________________
 
From: [mailto:XXXXXX] 
Sent: XX XXXXXX
To: XXXXX@XXXX.com
Subject: Related to dowry complaint
 
Hi,
 
Can you please guide me how to file dowry and maintenance case against my husband and in-lays. I have left his house yesterday
 
I don't want to waste time at women cell and need the divorce asap.I belong to Delhi XXXX and husband residing is at XXXX, Delhi
 
I am working, So will it impact maintenance case. Should I leave the job now

Shivaji Rao (worker)     23 November 2011

@Raj: Thanks

looks like this is my wife's plan too

wife and in laws are threatening with dowry since few months already.

Any idea how much would litigation charges be for filing these 2

"1.         Complaint of domestic violence BEFORE CHIEF JUDICIAL MAGISTRATE claiming resident order, maintenance, compensation for any loss, etc.

2.         Criminal Complaint (Written) in "CRIME AGAINST WOMEN CELL" for Dowry demand and misappropriation of Istridhan by the husband and in-laws under section 498A/406 I.P.C."
 
not sure if we can share the litigation charges here, You can PM me

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