Legal advice needed on divorce-related matter
We got married on 9th Dec '12. Due to professional commitments we had to stay separately i.e i was residing in Delhi & she was in Hyderabad at our place. We must have spent a month together till now. Initially everything was going on fine. The issues have started from Nov '13 onwards when she went to her parents place. I had requested her to shift to Delhi so the everything can be resolved amicably but she refused and never bothered to listen/understand even after repeated attempts. Some of our relatives & friends have tried mediating but nothing materialized. One day she went to the Women’s Police Station and called me from there. She gave the phone to an Inspector who had asked to visit them for counseling. I have informed her that I would need some time as I do not reside in the same city. That time I didn’t knew that she went there for registering an FIR and not for the counseling. The FIR was filed on 8th Jan ’14 under 498A. It seems that she had even mentioned in the FIR that the marriage was not consummated which is wrong. On 16th Feb '14, along with her 20 odd relatives came to my home in Secunderabad and made a huge noise by abusing my mother & sister. They have even manhandled them. My sister had filed a complaint against them for this act.
I came to know about it & I immediately started from Delhi. I had once again tried settling the issues through some mediators but again there was no response from them. Since I was in the city itself, I thought of visiting the Women’s Police Station and went there on 21st Feb ’14. When I reached there, they have informed me that an FIR was already filed and I cannot leave the place. I had informed about the same at home. Next day, she along with her 30 relatives came to the PS. I thought that they have been called for negotiation and counseling. To my surprise, they have told that the girl is not ready for any kind of discussion/counseling and wants to file a mutual divorce. Nobody had allowed me to speak with her and they have put lot of pressure on me to agree for the same. They have asked to return the jewellery and expenses that they have incurred for the marriage. In addition to this, they have demanded 40 Lakhs as permanent alimony.I have told them that why should I pay all that as I have not done any mistake from my side. I further told them that I'm not that rich to pay such huge amount nor I have the capacity. By abusing & threatening me, they have got the Memorandum of Understanding forcefully signed by me for 13 lakhs as permanent alimony plus the marriage expenses that they have incurred and also mentioned that the jewellary/articles etc that they gave needs to be returned back to them. They gave a written application to Police that the matter would be settled mutually and not to proceed with the case by sending for remand. They have mentioned in the MOU that I need to pay 50% of the amt by 13th Feb '14 and the balance after the completion of divorce process.
I view of the above, pls advice me as to what do I do.
Asked 3 years ago in Family Law from Secunderabad, Andhra Pradesh
pls advice on the above urgently
Asked 3 years ago
You should never have gone to the police station without consulting with your lawyer. Since the FIR has been registered you can now be arrested at any time by the police if you have not got bail from the court. Since you were forced to sign the memorandum of understanding you may refuse to honour it. If you intend to not to pay the alimony then let her file a case for alimony in the court wherein you will get sufficient opportunity to contest her claim. Immediately consult a lawyer lest your rights are trampled due to the memorandum signed by you.
Now what you need to do is get a good lawyer practices in criminal matters and try to get anticipatory bail.
It is not advisable to sign her terms as you do not need to oblige for this kind of extortion, in fact this MOu if you can produce before the court, district or high court your bail will be easier as it is a clear evidence to show her purpose.
At any cost do not fear , consult an advocate proceed to obtain anticipatory bail as it can be applied before the arrest. Since the FIR has been lodged the matter can not be wiped out with money even if you agree to pay so, do not go for any compromise now.
Since they have initiated a compromise and the demand for money, the case will be week and you can get out of it if it goes for trial.
The MOU signed can not be forced on you as you are not supposedly forced for a mutual consent divorce and an FIR is already lodged. So go ahead and get an advocate to proceed further
i agree with experts that you should apply for anticipatory bail . you have to take the stand that you were forced to sign MOU . refuse to pay Rs13 lakhs demanded by your in laws as permanent alimony . let your wife initiate divorce proceedings
the only way left before u to get bail as once FIR is registered u will have face trial if police files chargesheet. as far as divorce is concerned let your wife file the same & donot pay any money
Advocate, Greater Noida
The MOU is not binding to you and you don't worry about MOU, firstly it has taken before the police station and secondly MOU that binding the family matters i.e for agreeing to divorce is not a agreement at all and it void and not binding on you if you want to settle the matter amicably go before the jurisdictional court file divorce by mutual consent if both of you agree. i advice you contact local advocate and get anticipatory bail.