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(Guest)

Wife filed Div. Petition under section 13(1) (ia)

Respected Lawyers

I got married to my wife in 2007.

We have no kid and no joint property.

We had so many differences, viz., difference in culture, background, thought processes.

I come from a middle class family and she from an affluent family.

I was falsified by them that they are not so high profile.

In May 2009, she left to live with her parents.

Reconciliation efforts were made but got wasted.

In August she wanted me to agree for a MUTUAL Div.

 

Before this proposal, on July 30th, she took away ALL the jewellery from our joint bank locker, given to her by my mother and her mother.

I again tried to convince her that I will go for Mutual Div if you will return our jewellery.

She agreed to return, but meanwhile i tried to reunite. which she assumed that I am lingering on the matter.

In October she filed a Div petition at Tis Hazari, by making some FALSE grounds, like she was ill treated and hit by me and my widow mother.

Now what i want:

1. I also want div. from such a lady ASAP so that i can move on.

2. i want our jewellery back.

3. i want to safeguard myself from financial punishment or maintenance.

As I am earning much lower than her.

My ITR is 1.5 lacs and hers is above 4 lacs.

Hence, I seek your much needed Guidance.

Thanking you

 

 



Learning

 13 Replies

Adv ramesh chheda (prop)     29 October 2009

I think this is real woman empowerment that a man is helpless before woman. Any way let me tell u way out .

a.      Since both of u wish to have divorce then u can tell to court that u also wish to go for divorce and so present petition may be converted into mutual consent petition .

b.  As about jewellery, if she is given jewellery on the occassion of marriage, then she has all right to keep it with her even when that is offerred by you. Def of streedhan is very wide and it includes the gift of any items offered to woman either on the occassion of marriage or thereafter by either of side i.e. from her parental side as well from your side. So u cannt claim those items.

    but if she has taken away any other items, in such a case u immediately file a complaint of theft of criminal breach of trust aginst her and get her arrested as she has misused her powers and taken away what she is not entitled for.

as about claiming of maintainance then dnt woory , she is not entitle for it as she earns more than u . I dnt advise u to claim from her as it will force u to enter in uncalled litigation .

i hope this may satisfy to u r queeries. in case if u have any further querries than please feel free to write to me .

Adv Ramesh Chheda- Mumbai

1 Like

Adv Archana Deshmukh (Practicing Advocate)     29 October 2009

 You won't get the jewellary back as it is her 'streedhan'.  As far as maintainance is concerned, if she is earning sufficiently and is able to maintain herself, she may not get maintainance. As you say she is earning more than you, she  may not even claim any maint. In case if she does, you file the proof of her income in the court.

1 Like

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     29 October 2009

I agree with Ramesh and Archna.

1 Like

Anjali (IT)     30 October 2009

dont' ask for jewellry , just get away from such a devil woman. Don't file any more legal case, just agree for mutual consent divorce without maintenance. peace of mind is very important, and filing few more cases will trigger her to file more cases against you which will make your life more miserable. All the best

1 Like

(Guest)

Dear Ramesh ji, Anjali ji and Archana ji

Thank u so much for ur guidance.

Peace of mind and the 'time of youth' is most impt.

I really do not wish to entangle my life by making any legal actions.

She proposed a Mutual Div. first and DID agree to return our jewellery.

She comes from highly affluent family, and it won't matter at all to her, if she adds our j'lery in her 'Collection' of j'lery.

I am aware of the stri dhan law, but that j'lery will solve huge financial purpose for my mother.

I do want it back from her.

My ques. -

1. what if i agree in court that the charges of cruelty are not false and i am ready for Div.

can i be punished by the judge for the same in any way?

2. what if i do not Attend the court proceedings by ignoring the summon i got?

I have E mail proofs that SHE asked me to agree for Mutual Div. I have the emails in which she sent a specimen MOU for mutual div. , her lawyer (who is also her class mate) had sent that mail, and she also exchanged MOU via Emails with me.

Though, in her petition, she mentioned it was ANIL who Forced her to agree for that.

3. HOW Can i prove it to the court that she had proposed the Mutual div and she HAD agreed to return our Jewellery as earlier, we were ready to go for a Mutual Div.

My aim with this will be to safeguard my interests for future and get our jewellery back.

Kindly answer each ques. thoroughly.

Thanks with regards


(Guest)

ques. no. 4 -

How can this case be converted into a Mutual Div. case?

Vikas Dharmendra (Consultant)     30 October 2009

My question is that How it can be proved that Jewellery is given to her on marriage,,, is that fact is recorded....    what does streedhan means,, is it means that anythind just she claims whatever is gievn to her on her wedding,, whether given or not???


(Guest)

Dear Experts

in my case, in the MOU she sent via email, there was a list of the gifts given to her from my side, and from her side.

in her petiton, she has annexed that MOU as well, but falsely said that Anil forced it on her.

ques. 5 - can that MOU enunciate the fact about all the jewellery items?

Pls ans. in the same order as i have asked the ques. s.

Thanking you.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     01 November 2009

Never admit that charges of cruelty are true else you will be in trouble.

You can approach for mutual divorce and in mutual agreement you can put all your conditions and can save yourself and your jewellery.

Regards

adv.kamal.grover@gmail.com

1 Like

Meenakshi (Lawyer)     05 November 2009

 . what if i agree in court that the charges of cruelty are not false and i am ready for Div.

A Nothing really but just as much as you want not to entangle in the court litigation this might backfire and it could take years to resolve the matter.....U want your jewellery back if u accept the false statements made by your wife then you will be entitled to pay her compensation for cruelty that involves mental torcure and physical beating etc

2. what if i do not Attend the court proceedings by ignoring the summon i got?

The court will issue Arrest warrant and you dont want that so stop being so greedy in life let the jewellery go...itsw not worth your freedom...Money wil come...As i see ur forecast(lols an astroler cum lawyer u see!)

I have E mail proofs that SHE asked me to agree for Mutual Div. I have the emails in which she sent a specimen MOU for mutual div. , her lawyer (who is also her class mate) had sent that mail, and she also exchanged MOU via Emails with me.

Though, in her petition, she mentioned it was ANIL who Forced her to agree for that.

Yep u can talk it out with your wife and tell her u have those mails stacked with you which has proofs of she convinced abt obtaining divorce by way of SEction 13b Mutual Consent

3. HOW Can i prove it to the court that she had proposed the Mutual div and she HAD agreed to return our Jewellery as earlier, we were ready to go for a Mutual Div.

MOU,Emails,Jewellery can be recovered though if u prove about how rude she has been with you....

1 Like

(Guest)

After filing Divorce under section 13 (1) (ia) can she file another cases, like 498 / DVA by mentioning Further charges?

Raghav Sood (Lawyer)     13 December 2009

ASAP way there is no law bro try to paciify the wife bring to settlemnet out side the court because it will be you whowill suffer i mean no offence its reality  and regarding maintence if she is earning more than she cen not get meinatence if she earning as you have m,entioned and you cannot get back your jewellary coz its her stridhan put in your relatives and proper medition is the only ASAP end but not the law or Courts

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     01 August 2010

Dear Author,

She can file DV Act, 125 cr.p.c. and 498-A/406 ipc as well. For further details u can contact me at 9871158578.


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