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amit (na)     18 October 2014

Wife threatening for divorce

I had met my wife through an online matrimonial portal. Within days we decided to marry. Though my parents objected, I married since we liked each other and my wife had said that her marriage was broken with three different persons at the last moment in past as well. She told she even tried to commit suicide as her marriage was broken last time.

Within a week of marriage while on honeymoon, she asked for divorce as she had serious complains regarding my clothes,shampoo, soaps,physical appearance, etc. She even complained that I dont have a car and own house and wanted me to have both immediately. I was not capable but had planned to have in due course which she was very well aware of even before marriage.I rather pleaded again and again for last two years with her to settle things but only got curses and abuses and even physical assault when I went to meet her at her home. 

But all the while she had repeatedly asked me to transfer money for mobile, scooty, necklace, jewelleries, clothes, flight tickets, etc. which I had been doing without fail. In last two years calls have been made from her just for these demands.

Lastly I had to send her RCR notice as advised by my lawyer to which she has alleged that I am impotent, foul mouthed with her and her mother and has asked for mutual consent divorce. When contacted she demanded from me a lumpsum of 10,00,000 as she wants to lead her life as she has thought. She has bought a car and large part of her salary goes in EMI as per her. Her montly take home salary would be around 16,000 and lives in a small town.

I had broken down and left my job a year back and today I am still unemployed and nearly bankrupt.What should I do since she has threatened to file cases against me if I dont concede to her demands.



 11 Replies

IKGoyal Advocate (Legal)     18 October 2014

Nothing new in your case. Better to get rid of her. Let her file divorce petition. Collect data of her last marriages.Whether those marriages were broken after divorce and extracting huge amount. Tell us.
1 Like

Rahim (okok)     18 October 2014

Indian "nari' for you.

We blame western women?..........they are much better than Indian nari.

laxmi kant joshi (instructor)     18 October 2014

it will better for you to get rid from her , let her file divorce don't go for mcd , collect all her previous record of her broken marriages , her office address and if possible her salary slip , don't worry about false cases your lawyer will take care of them but don't be broken and sit idle , do work and contest the case / problem .
1 Like

yogesh kumar (health)     18 October 2014

dear amit,

you r facing the same what i had experienced in my marrital life. our law will protect the women that  is the priority. 

all such women's have pickle minded keep shifting randomly. if you take my suggestion please do following to be safer side:

1. if you are smelling that she could lodge complain against you and your family  apply for anticipatory bail

2. dont apply for dicorce. apply for RCR. try to get her back, dont neglect call : for everything keep records. you must prepare the proofs that you are a responsible husband and not trying to get rid of from her other wise it show neglect.

        because all such nasty girls immidiatly after the marriage, when their fantacy was not met , they wanted to get out of this relationship with the profit as early as possible. therefore they will insist us to feel the same.

3. even if she complained against you and taken to custody,,, apply for RCR/ nothing because if she is not willing to join let her apply for divorce......they apply u/s cruelty. if it is proved or not but burden of ammount will be reduced.


these are the basic here we usually make mistake and is the favourable point for them...


4. be strong enough, dont be panic,, court will respect you too, If Dv dont keep pending... catch good eminent and advanced experienced  lawyer who are serious about every client..

good luck

1 Like

amit (na)     18 October 2014

I am sorry in expressing clearly. By stating " her marriage was broken with three different persons at the last moment in past as well ",  I meant her wedding preparations had been done and less than a week of wedding, wedding was called off. In all the cases, according to her, the boy ditched her at the last moment.

I have repeatedly requested not to break marriage and I have those several messages on my Whatsapp. But every time she has ridiculed me with comments and allegations, all of which that I feel ashamed even to discuss with lawyers whom I have been recently meeting. Post marriage she has never come to my home and we have together lived just for six days at a hill station.

My relatives are already miffed with me because of marriage to her, lost my well to do banking job , savings dried up and mental peace vanished.

 

Adv. Chandrasekhar (Advocate)     18 October 2014

Do you mean her marriage engagements were called off three times with three different persons, before marriage was solemnized?  O.K.  In your first post you said and I quote - "Lastly I had to send her RCR notice as advised by my lawyer to which she has alleged that I am impotent, foul mouthed with her and her mother and has asked for mutual consent divorce."  Is it in writing or oral?  If it is in writing, you can go for divorce under the ground of cruelty.  Otherwise also there is no option for you to go except divorce.  If she files any criminal cases or RCR against you, you should contest those cases on merits.  As you are unemployed and she is doing job, the question of maintenance does not arise. 

1 Like

T. Kalaiselvan, Advocate (Advocate)     19 October 2014

The option before you is tom initiate legal action to dissolve the marriage between you both by a decree of divorce on the grounds of non-cohabitation, desertion and cruelty.  You can withdraw the RCR and file a petition for divorce straightaway.  Since you are unemployed and she is employed with good salary, you can repudiate her claim for maintenance too.  She will come with dangerous weapons namely 498a and DV cases, you may obtain anticipatory bail for 498a sooner you get the information that she approached police station against you.

1 Like

SuperHero (Manager)     20 October 2014

Sorry to hear Amit what you are going through..

Have Patience, Tolerance and collect every evidence you can. 

Talk to an eminent lawyer and make sure you are good to handle 498a if it arises.

Hope for Good and Hope is very important. 

1 Like

Prakash S Thakkar (B.S.L LL.B)     20 October 2014

1. File a case under rcr. 2. Mention in it that you hv received threats from ur wife abt filing abt filing bogus 498A and dv case. 3. Try to convince ur family to support u. 4. Use ur cool brain or u will be finished soon.
1 Like

amit (na)     20 October 2014

Thanks all for responses.

Mr Chandrasekhar, in reply to section 9 legal notice that my advocate has sent to my wife, she has replied through her lawyer by letter that I was impotent, foul mouthed with her and her mother and wanted divorce through mutual consent.She accepts about getting money from me time to time but says she never asked.

Does the court consider Whatsapp messages as any evidence which I can produce? I am not sure if SMS hold out.

T. Kalaiselvan, Advocate (Advocate)     20 October 2014

The evidences in  an electronic media in its original form will be entertained by the court to some extent provided the authenticity is established.   Therefore secure the said evidence in your possession in its original form and may produce it when the situation is ripe enough.  If she has given a reply to the legal notice, let she put forth her defence in your proposed divorce case too based on the same allegation, she will be required to prove her allegation because the onus lies on her.  By now you should have been hardened to face all such issues as that is the way the selfish and characterless people will behave without knowing what is civilisation but will be having tall claims as most civilsed people.  You may proceed as advised to you in my previous post, because her claim that you are impotent and all other things being raised will be considered as an afterthought issue to counter your demands with false materials. 

1 Like

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