Murali (Tech Lead) 09 July 2012

Which type of divorce is safe for maintenance

About us

Arranged Hindu-marriage. Only 3 months she was with me. No child. . She is the Law Graduate, working in a private company.

I am a software Engineer, working in a private company. My age 39.

For very small/silly problems, We went to court.

Both we are from Chennai .

Case Summary

1) She filed - Maintenance Case è By default it is dismissed after her 3 continuous absent

2) I filed - Restitution of Conjugal Rights Case è after her 3 continuous absent, Judgment date is announced, But She has filed ‘Set aside perdition’. Now it is clubbed with her Divorce case

3) She filed – Dowry Harassment Case under IPC-498a and remanded me by bribing huge amount to police & count people è This false case is running for the last 2 years . Not even a single witness enquiry happened J. Petitioner not at all coming to this court.

4) I took her Bank Statement using her old “signed paper” (Which clearly stats her monthly earnings) (She is working in a private company)

5) She given a Police complaint Saying “her signature is forged”. è I got A.Bail, no CSR/FIR is raised yet. 1 year has gone.

6) She filed – Domestic Violence Case after 2 years of her 1^st case. è I filed Quash petition in Chennai High Court. Order reserved. Waiting for judgment copy for the last 7 months.

7) She has filed – Divorce Case under Hindu Marriage Act -Sec-13(a) è still in counseling stage . I have not yet given my counter.

è Now we have reached a settlement for divorce. She asks 4 lakhs. (But I am still ready to live with her. Because I was remanded under a false -498a case. My restitution case is still alive. She only filed divorce case and she is very adamant in settlement.)

Need clarifications

Question -1 : Which type of divorce is safe for me? (1) Divorce under mutual consent or (2) Giving Divorce as per HER divorce case. My only aim is she should not file any Maintenance case against me in future (even after the settlement) because she is a advocate.

Question -2 : Can I have settlement format? In the internet, many sites provided “Deed of Settlement for Divorce”. These sample suitable to “Mutual Divorce –people” .

Question -3 :

will it be the good idea? :- Not agreeing settlement & giving counter for her Divorce case than getting my Restitution case’s judgment.

Thanks in advance

Murali.S

Reply Follow

6 Replies

Tajobsindia (Senior Partner ) 09 July 2012

@ Author,

1. If both of you have reached some settlement then go for Mutual Consent Divorce.
2. You are already 'experienced" litigant person so no great Bharat Ratna Medal you will get continuing RCR when you already have been under ‘remand” as you say before us and or even claiming to have given her divorce as per her divorce suit which is silent so far (proceedings wise).
3. In today’s scenarios where you are in IT field and she is established herself as Advocate she will always have that special knowledge over you which you will painfully learn / experience after spending money and years in litigation and yet still same matter will reach again stalemate situation of Mutual Consent Divorce.
4. If there is a well drafted MoU and all settlement done with then chances of re-opening maintenance case so soon is remote. However if it gets opens in future then come back here atleast right now move your local train now when “both have reached a stage where both are thinking on lines of MCD.
5. Act accordingly before she changes her mind and you hit sorry side of 50's Preserve - regain your last of the youthful years J

Murali (Tech Lead) 09 July 2012

Thanks for your speedily replay & advice sir J.

Sir.. I heard recently Central Government has passed a law, even after MCD (say now I am giving 4 lacks as settlement amount, after few years) she can again claim for maintenance from me. Is it true ? can you please explain about “maintenance after settlement”

Please excuse if I am wrong.

Thanks in advance

Murali.S

...Irene... (Bean Counter) 09 July 2012

@ Murali,

Not a legal advise though:

3 Like

Tajobsindia (Senior Partner ) 09 July 2012

@ Author

Well at least I have not heard what you seen on Discovery Channel !

BTW, maintenance / alimony be it in Civil / Criminal Laws of the land comes under "public policies" and anything that such policies covers cannot be voluntarily denied as and when claimed under 'change of circumstances' in present or be it in future.

Procrastinating when and if that "change of circumstances" may hit only YOU will make you grow younger faster on sorry side of 50's so better grab the current opportunity in hand with well drafted MoU is sum total essence of what I advised earlier. Rest she might have told you some lullabies when both of you were in good moods so be in suspended spell I cannot somehow come in middle of two pairs with any further igyan on asked main que.

Leaving space for others to share their wisdom if any.

Murali (Tech Lead) 12 July 2012

Dear Sir,

	Filed by	Case	Section	Status
1	wife	Maintenance Case	CrPc-125	default it is dismissed after her 3 continuous absent
2	Husband	Restitution of Conjugal Rights	S-9 of HM Act	2.5 years has gone. Now clubbed with her Divorce case
3	wife	Dowry Harassment case	IPC-498a, 406, 506(ii), DPA-4&6	I was remanded. Charge sheeted. 2 yrs gone. But not even a single witness enquiry happened in this false 498a case.
4	Husband	Took her Bank statement using her old signed paper	IPC - 468 & 471	statement shows her earnings. I got A.Bail under IPC -468 & 471
5	wife	She given a Police complaint Saying “her signature is forged”		So far no CSR/FIR is raised by police station. 1 year has gone.
6	wife	Domestic Violence		Waiting for High court order
7	Husband	Quash for Domestic violence		Waiting for High court order
8	wife	Divorce Case	S-13(ia) HM Act	Counseling stage

Now we have reached a settlement for divorce. As all you experts’ advice, I will go for “Mutual Consent Divorce”. She demands 4 lakhs, I am ready to pay. My only concern is the divorce must be legal.

Question-1 :Taking Dowry Harassment case :- is 498a Compoundable in Tamil Nadu ?

Can she withdraw this case, after filing MCD

Question-2 : Taking her police complaint (point 4 & 5) :- Can I ask “complaint withdrawal letter” from my wife. Then I will ask police to file CSR/FIR then request them to close. After closing I will get an acknowledgement copy from them???. is it practically possible.? ( Because my wife is an advocate J )

Question -3 : is my below understanding correct ?
Let it be the “Mutual Consent Divorce” with “Divorce deed for 4 lakhs”

Step-1 : We will file “Mutual Consent Divorce” in the court & wait for 6 months.

Step-2 : In the meantime of this 6 month we will withdraw all cases including 498a case.

Step-3 : @ the end of 6^th month, we will sign in the agreement & I will pay 4 Lakhs to her.

Step-4 : @ 7^th month, after getting divorce copy from court. I will return all her household things.

Step-5 : Exchange of jewellery. She keeps my 60 grams / I am keeping her 35 grams of Gold. Both we agreed. (see I was remanded under 498a !!!)

Step-6 : I will go for my second marriage.

Any loop holes please point out. (Because my wife is an advocate. I was remanded under false 498a )

Thanks in advance

Murali

Tajobsindia (Senior Partner ) 12 July 2012

@ Author,

1. In HC where Quash of DV is pending make joint prayer to send complaint case for mediation praying before Court that parties wish to close all acrimonious litigation pending between them via Mutual Consent Divorce route. Hon’ble HC may oblige both of you and dismiss the quash case per joint request and give direction to parties to appear on such and such date before HC Mediation Cell.

At HC mediation spell out serially cases / case status filed by parties and mention that some article are to be returned by husband and full and final alimony payment is also agreed by parties and set scheduling of withdrawal of respective cases by parties as parties mediation agreement.

Mediator will write down terms and conditions / read them and s/he gets parties signature and direct parties to approach competent Civil Court for further proceedings as per agreed mediation terms.

At Civil Court where Divorce is pending, file an joint application affixing DV order + mediation agreed terms and condition certified copy and seek leave of court to convert divorce into that of MCD first motion.

File at civil Court jointly MCD first motion petition with schedule of withdrawal of respective cases of parties i.e.;

- RCR is withdrawn by husband
- Divorce case filed by wife is converted into MCD first motion
- S. 125 CrPC case is withdrawn by wife
- Police case (forgery) is withdrawn at police station by wife
- S. 468 / 471 / 498a / 506 / 4 n 6 are all colly. Put on quash jointly after recording of first motion statement.

Take certified copies of final order of above cases from respective Certifying Agency respectively for your peace of mind.

- You give her back her articles during first motion recording of parties statement
- You place on record 4 L DD to be released at the time of recording of second motion statement post all cases withdrawal / quash as the case may be as agreed mediation condition of parties.

- Go to Himalayas for 6 months and come back and file second motion joint petition along with certified copies of respective case withdrawal order(s) / quash order from HC etc. Cooperate in Court enquiry during second motion. Sign at appropriate statement sheet and get Decree Sheet and your headaches are over. After a while apply for certified copies of Final Judgment in MCD and copy of Decree Sheet and as you say you are set for your second honeymoon !

By following more or less above both parties are safe but too much running around are there.

?? Where is your Advocate in all these or are you appearing as party in person????
?? So how come S. 498a case was false afterall J
- No it is non -compundable in TN.

Take help of your advocate in all these it greatly pays for that peace of mind solving issues at last mile against a competent Advocate wife of yours J

BTW, is there any other excel worksheet on the cards ?

PS.: Last This is my last reply on this query !