• Wife notice ragarding mutual consent divorce

Sir,
I got married on 01 March 2017. Girl always used to fight upon petty issues. She left our home on 17th July 2017. Gold and other articles returned on 16th October 2017 as her father asked for it. They are asking for 40 Lakhs for compromise or threatens to file 498a and other cases. All talks regarding compromise failed to due hefty demand of money. Now they have sent a notice through a lawyer.The content of the notice are as follows
1. False allegation stating me mentally ill.
2.That I did not have conjugal relationship with her.
3. That my family used to beat her and abuse her.
4. That I sent her home and never let her come back.
5. After many such similar allegations, later in that notice she says that, because I never took any efforts to bring her back and tortured her, now she does not want to come back, and wants mutual consent divorce.
6 they have no mentioned about alimony or any settlement amount in notice.
My question:
-What is the real intention behind this notice,(because they are asking for 40 lakhs for MCD, to which we did not agree) and how should I reply to it.
Asked 4 years ago in Family Law
Religion: Hindu

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14 Answers

Hello,

Share the copy of the notice with an advocate.

Immediately tender a reply to the said legal notice.

Give a NC to the police station stating that threats are being passed that the false case will be filed against you.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Yes reply to said notice denying all her allegations.

And replying each allegations specifically and further stating the truth.

Also state that wife on her wish has deserted you there was no cruelty and violence instead she has treated badly harseed and mental torture.

Also you have tried for bringing her several times but all attempt failed because of her behaviour .

Clearly mentioned that she has also threatened for false dv and 498a cases.

Then specifically agree for mutual divorce if you want and specify that you won't give any alimony as compromise as she has deserted you.

Get the reply drafted by a lawyer.

See it is difficult to judge someone intention but it can be deduced either they want to compromise if they have good intentions to end it all. Or they will demand more amount when you agree to MCD and donot reply notice property stating you agreed there allegation. Or can file false cases also. So it just depend what is going on in mind you specifically deny allegation , assert the true event on reply and agree for mutual divorce without any amount if She agrees then its gud or otherwise they will proceed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1)contact a local alwyer and reply to legal notice

2) deny allegations made

3) mention marriage was duly consummated

4) state that wife used to fight on petty issues

5) mention that you are willing for divorce by mutual consent

6) to send copy of draft petition to you

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

Hi

Simply deny to allegation they put on you in the said notice..

I would advise you to try for mutual settlement for a lesser amount with the help of mediators and all.

Still if they donot agree on anything then you don't have any other option rather than filing divorce case .

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You can reply to the notice falsifying the claims. You are not bound to pay hefty ailmony. If mutual divorce without hefty ailmony is proposed it's a good remedy.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

Dear Client,

Possibility could be that girl has got some other option (a another guy), and until not divorce she can`t remarry, so by pasting allegation on you through notice, first they want to condemn u and falsify the fact that bone of contention is you , so that u don`t get their real intention behind seeking MCD all of sudden without demand of alimony.

WELL, u can give your consent on settle terms but don`t agree at once.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

They cannot demand the amount in the notice because it will be a documentary evidence in black and white hence they have sought only mutual consent divorce, whereas when you agree for the same they will place the demand orally with ll kinds of threats.

You give a reply denying all the allegations properly and challenge them if at all they are going to court with evidences in your side.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

You just file a divorce case in reply to the notice instead of reply to the notice and contest all the grounds and cruelty by her to you and your family.

You may take the ground of compatibility, I'll behaviour as well.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. You can depute your advocate to talk to them or their lawyer to now the quantum of money she is expecting from you.

2. Otherwise I would advise you to file a suit for divorce on the ground of mental cruelty.

3.That apart you can also file criminal cases of extortion and abuses caused to you.

4 unless and until you go for counter attack their demand for 40L would not come down to 4L.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Dear,

you better know the real intention of your wife and her family, they only want money

from you with unfair means. You denied to give them 40 lakhs, so now they find new

way to get money from you.

Don't panic but be serious.

Meet local lawyer of your area and show him this notice, because you have to answer this

and ask him to file section 9 application.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

If you have evidence that they are demanded such a hefty amount for settlement then you can use it against them. According to Indian Evidence Act if veracity of the witness is doubtful then his statement shall not be admitted by the court. When you produce that evidence that they have demanded such a hefty amount for settlement then  court will not admit their statement as an evidence.

If you find any false case against you then you should immediately move a petition before the high court under section 482 of the code of criminal procedure for quashing of the proceeding. then the court will quash the legal proceeding on the basis of such evidence that they have demanded hefty amount for settlement.You can prove before the court that after failed to take 40 lakh from you then they have filed such false cases against you.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Dear Querist

immediately issue a reply of that notice with the real facts and file divorce case against her based on cruelty under section 13(1)(ia) of Hindu Marriage Act-1955.

if they filed any case against you and your family after the filing of divorce by you then those case may be considered as counter blast case and the strength of those cases will be limited.

no need to compromise the matter until the reasonable demand which you can be accepted.

fight the cases on merit.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

Dear Sir,

They will come to Rs.20 lakhs. If you really fed up of her original character then accept the deal. If she is being influenced somebody else then proceed to fight. However no arrest will be made if she files 498A is filed. The recent law is as follows; Nothing to worry. You will succeed.

========================================================================================

No arrest in dowry cases till charges are verified, says Supreme Court

…..family welfare committee

NEW DELHI: Expressing concern over disgruntled wives misusing the anti-dowry law against their husbands and in-laws, the Supreme Court on Thursday directed that no arrest or coercive action should be taken on such complaints without ascertaining the veracity of allegations.

Acknowledging a growing trend among women involved in marital discord to abuse Section 498A of IPC to rope in their husbands' relatives — including parents, minor children, siblings and grandparents — in criminal cases, a bench of Justices A K Goel and UU Lalit said it was high time such frivolous cases which violated the human rights of innocent was checked.

This is a shift from the dominant judicial conception of women as victims who would silently suffer injustice rather than bring disrepute to their family by taking domestic conflict outside the four walls of the home. Going by the popular portrait, it is only the worst victim of abuse among women who approach the court for redress.

On Thursday, the court broke away from the reigning perception to rule that in dowry cases, the account of the alleged victim need not be taken at face value.

Undercutting the innocence law enforcement agencies had so far assigned to complainants in dowry harassment cases, the Supreme Court on Thursday directed all states to set up family welfare committee (FWC) in each district and tasked them with testing the veracity of every complaint.

"It is a matter of serious concern that large number of cases continue to be filed under Section 498A alleging harassment of married women...

Many such complaints are not bona fide. At the time of filing of the complaint, implications and consequences are not visualised. At times, such complaints lead to uncalled for harassment not only to the accused but also to the complainant. Uncalled for arrest may ruin the chances of settlement," the bench said.

"We are conscious of the object for which the provision was brought into the statute. At the same time, violation of human rights of innocent cannot be brushed aside," it added.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

YOU MAY TAKE THE FOLLOWING DEFENSE.....FOR MORE FAQS WRIT TO ME.

========================================================================================

Case under Section 498a IPC Dowry Case – Defence how to take ….Frequently Asked Questions

Q. Can my wife or her family file a false 498a (dowry) case against me? What are the indications that a wife or her family can file 498a?

A. There are some indicators which are listed at: http://www.geocities.com/gorky_maksim/pages/assessrisk.htm

Q. Neither I nor any of my relatives demanded or have taken any dowry. Can she still file 498a?

A. Yes. Any Indian wife and her relative can file 498a on her husband, his parents, sisters, brothers, grandparents, uncles, aunts, cousins, wives of brothers, and other relatives. 498a (dowry harassment case) leads to arrest without any verification or investigation.

Q. I have given a huge amount, say Rs. 5 lacs, to my wife or her parents by cheque. Can she still file 498a?

A. Yes. No investigation is done before 498a is filed and arrest warrants are issued without investigation.

Q. My parents never stayed with us. Can she still file 498a against them?

A. Yes.

Q. My wife or her family is threatening to file 498a and they are very abusive. What should I do?

A. Safeguard yourself, your parents and your relatives.

1) Be very polite in all circumstances. Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. Never produce the originals before anyone, not even before your lawyer. You can buy Olympus W-10 voice recorder, which costs about Rs.4500. You can also buy a telephone recorder.

2) Write a complaint to your nearest police station, detailing about blackmailing, her false allegations and her unscrupulous behavior. And request in your complaint to make her stop the threats and abuses immediately.

3) File RCR (Restitution of Conjugal Rights). Remember to include conditions that she should agree on before she starts living with you again.

4) Collect evidence to prove that you have neither demanded dowry or have taken it anytime.

5) Collect evidence to prove that she moved out of the bond of marriage for no apparent reason.

6) If she does not already know, make sure that she does not come to know that any of your family members is an NRI.

7) Don't remain home during weekends and holidays. Have proofs of where you were. For instance, if you were in a mall, have a credit card transaction in that mall and keep the copy of that transaction.

More FAQ’s on request.

Q. I think that I should go for divorce instead. Is it a good idea?

A. Don't make the mistake of filing for divorce. You will land up in a lot of legal problems. Apply for divorce only after you get RCR in your favor or after you get an ex parte decree on your RCR or mental cruelty is as extreme as mentioned in http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=28609

Q. I'm very worried about my parents. What should I do to protect them?

A. Disown them legally: ask your family members to give legal notice by way of affidavit in two newspapers. Ask them to produce the newspapers before the Circle Inspector and Investigating Officer before and when they come to arrest them. If your family members are still arrested, produce the newspapers at the time of applying for anticipatory/ regular bail.

Show up a smiling face to them. Your happy face will provide them the strength.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hi,

You are suggested to strongly reply the notice denying all the allegations. You say that she left her own and your efforts of bringing back are gone invain, You also deny for divorce saying it would be sin in our religion.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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