Want to get divorced from my wife !!!!
I am a Merchant naval officer married to a dentist. We are married for four years as of now.it was an arrange marriage through a matrimonial site.
My wife has left the matrimonial house when she was 3 months pregnant on the pretext of meeting her parents who reside in Agra(U.P) for 10 days but did not turn up till date. We are staying separately for past 6 Months and no contact has been maintained. She delivered her child and no information regarding the same has been given to me. After 6 months of separation i asked her what does she wants..? when is she going to come back..? but she hasn't replied to any of my questions.
In view of the above, i dont feel her intentions are good and she might create a problem for me and my family. Also her father is very much active in politics and influential person.
During these 4 years of marriage we have argued/ fought a lot. we had even decided to part ways, but some how we patched up.
My worry is:
1. What should i do in case she files dv u/s 498/a ( I had already installed CCTV cameras in common places of house while she was there as a preventive measure)
2. What should i do if she files a false Dowry case? ( We have not taken any dowry, and what ever gifts the bride side had given at the time of marriage is on video recording. which we are ready to return back)
3. How much alimony she can ask for). Pls note she is a Dentist and has done MBA(Hr) too. But she i not working off lately. Though she use to work before pregnancy.
4. Can she confiscate my passport, as i wont be able to earn my bread n butter without my passport.
5. She has lot of issues with my mom and aunt, what harm she can cause to them, she is putting an allegation that they wanted the child to be aborted...which is totally fake.
6. I did her medical check up prior leaving the matrimonial house, will that be of any advantage, check up was done by consulting gynecologist in her private hospital. reports were fine.
7. We were even doing marriage counselling during this time, but she left that incomplete too and left the house. I have some audio recordings of the sessions.
8. Shall i file a complaint under section 9, and how its gonna help me? I dont wish to continue with her.
9. Last but not the least, if i contest divorce how long will it take to get the decree, taking into consideration the worst scenario??
Kindly guide me through.
Asked in Family Law from Mumbai, Maharashtra
1) in case wife files DV / 498A case contest it on merits
2) obtain bail in 498A case
3) working wife is not entitled to maintenance . even if sh is not working now sh wont get maintenance .
4) but you will have to pay for child maintenance
5)wife can file DV/ 498A case against your mother and aunt too . you can rely upon her medical records to show that she was in perfect health at time she left matrimonial home
6)dont file RCR case . if you do so she will file counter cases against you .
7) contested divorce proceedings take around 5 years to be disposed of in Mumbai
1. I think your case is not so ripe warranting a 498A case or case under PWDV Act. in any event I may inform that installation of CC TV would not be restraint as far as initiation of 498A case in concerned. The allegations of torture is expected to be old times when I belive you did not install the CC TV.
2. If any such case is filed then first step would be to take bail and given the current mindset of the judges getting bail in 498A cases is not difficult anymore.
3. if she is not working currently then the quantum of maintenance should be around 1/3 to 1/5th of your established income. You can take plea of her professional qualification also.
4. There is absolutely no question of confiscation of passport. The court sometimes put restraint on foreign travel but after sometime the said condition is also withdrawn. So you can rest assured.
5. You mom and aunts are likely to be added as accused person in her 498A case but they can easily get bail. No permanent harm would be caused.
6. Keep the report handy.
7. Keep proofs of marriage counselling. It would help you in a a long way.
8. You can file RCR case as there is no harm in doing so.
9. Contested divorce suit takes not less than 5-6 years.
Hi, in case if she files a complaint under 498/A IPC for harassment you better you can apply for anticipatory bail in normal circumstance the court will grant bail for the offence under 498/A IPC and one think you must remember that if she lodge a false complaint you don't have any remedy expect contest the case on merits.
2. As far as alimony is concerned there is no hard and fast rule to determine the alimony it is depending upon your salary, social status all these are considered before granting the maintenance and some High Court has held that if the wife is well qualified and she did not do any work then she will not entitled for maintenance.
3. We can not say that within this particular time the court will pronounce the judgement but normally it will take 2 to 3 years.
1. If your wife files a case of dowry harassment or domestic violence then obtain bail and contest the case on merits. The footage of CCTV cameras, subject to its content, can be used in the court. However, it may be noted that the CCTV footage will not obstruct the filing of the case.
2. She being a dentist may not get any financial support even if she is not working. In the event that she gets alimony it may be 1/5th of your income.
3. She cannot confiscate your passport, only the court can order the confiscation of passport. Normally the courts do not put such a restraint unless the accused is charged with committing a very heinous offence such as murder, sedition
or corruption. If you abide by the orders of the court and show good conduct it is very unlikely that your passport may be ordered to be confiscated.
4. The tendency is to charge all the family members of the husband. So if your mother and aunt are also named then they should also seek bail immediately to avoid being arrested and lodged in jail.
5. Section 9 complaint does not make any sense at this stage. If you do not wish to continue with her then file for divorce.
1. You shall have to avail AB against the said case and then contest it. Now a days, after recent Supreme Court order, there will be no arrest without investigation,
2. You shall have to contest the said case with documents. She shall have to submit documents in support of her allegation,
3. It can not be predicted as depends on the outcome of the divorce suit and depends on the Judge. She won't get maintenance if she is working,
4. She is no body to cong=fiscate your passport. Judge may do it if he so desirs depending on the gravity of the situation and that is most unlikely in your case. Your advocate should protest tooth and nail against such order, if any, since you earn your lively hodd with it,
5. She has to submit evidence in support of her allegation,
6. It will show that you had taken good care of her,
7.It will also show that you wanted to save your marriage,
8. Filing complaint u/s9 will be of no use,
9. Contested divorce may take even 4/5 years. Better go for Mutual Consent Divorce which will be decreed after 6 months of its filing.