• Divorce

There are many disputes between me and my father in law due to improper information provided by my wife's education and hiding health issues. from the time I came to know regarding her health issues we have been continuously undergoing necessary treatments more than a year. we have been married since 1 and half year and she has visited India 3 times at my expenses, but recently her father booked a ticket for her, when she went to my home there was a discussion between me and my wife, so she left my home and went to her parental home and it is more than 2 months(return ticket cancelled). When am asking to come back she wants me to come and take her, I have recently booked a return ticket and she asked me to request her father to send when I called, he's not willing to send and he wants me come and take her. Due to brain wash done by parents and sister my wife also behaving the same.It has been repeatedly observed even last time I went personally and bring her back.
I have been undergoing too much mental pressures due to above and behavior by her family members.I have necessary evidences that her family members calling my friends and other family member to ask divorce

So I would like to file a divorce petition and know the following consequence
1. Time frame for divorce
2. What steps could be taken by them
3. if filled a dowry case by them what will happen, I can prove that we haven't harassed for dowry but the issues with false information provided during marriage
4. How many times I should personally visit court as am an NRI
5. For the dowry case what will happen to my passport, will be am able move back to my work location easily.
6. Any other cases I can file on my inlaws ?
7. Suggestions ...
Asked 4 years ago in Family Law
Religion: Hindu

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16 Answers

1. Time frame for divorce -- Any time after first year of maraiage.

2. What steps could be taken by them

3. if filled a dowry case by them what will happen, I can prove that we haven't harassed for dowry but the issues with false information provided during marriage ---

4. How many times I should personally visit court as am an NRI --- You can appoint your father through POA, no need to attend.

5. For the dowry case what will happen to my passport, will be am able move back to my work location easily. -- Yes

6. Any other cases I can file on my inlaws ? -- cheating , given false information before marriage.

7. Suggestions ...

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. You can file the same after 1 year of marriage and the same will take 2-3 years for getting decided.

2. They can file a FIR of harassment and case of maintenance.

3. You may obtain bail and then fight the case.

4. You may appoint a POA and may come on dates when you are required.

5. That will not create any issue.

6. You may file a case of cheating and criminal intimidation.

Get in touch with a lawyer at the earliest.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If your wife is not living with you please a legal notice to her to comply with and to return to her metromonial house.

If she do not abide you may file a divorce case in the family court and the DV, Dowry provisions cases are very common including the maintenance from the wife in response to the divorce case.

You have to provide a POA to any of your family member to attain the case on your behalf and your presence is only required if court orders so.

The possport should not be empounded in these cases.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1) As per Hindu Marriage Act. If a person wants a divorce, their marriage should have completed 1 year, secondly they should have live separately for 6 months from each other. Than you can apply for divorce.

2) The step can be taken by them of dowry harassment and mentally tortured under section 498a IPC and DV act or straight they may file for divorce and ask lumpsum amount from you.

3) Yes, you can file against them if they filed any 498a against you, there are so many remedies and you also have proof of evidence.

4) No need to visit you can give special POA of any family member of yours and on hearing date you may ask court premission for Skype to talj in the court or in each hearing to talk.

5) Yes, you may go back to work in foreign country.

6) For defamation and fraud plus misrepresentation against them.

7) No need to worry first check what they are saying, if they are asking you to come in India and take your wife. If you have time to come than visit to India and take her otherwise send your parents to pickup her and talkvwith her parents on this issue. Let your parents take her and send towars via plane etc.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

To get divorce you need to prove either cruelty desertion or any grounds mentioned in section 13 of Hindu marriage act.

Time taken to grant divorce depends on the court.where you file case in your case it will be jurisdiction where your marriage was solemnised or where your wife is residing. Usually it takes two to.three years to dispose the case. They can file for restitution of conjugal rights. They can file for dowry harassment.in such case you need to visit court on every date of hearing. Remember POA is not valid in matrimonial case. So you need to be present on presentation of petition and your evidence stage.

Even if dowry case is filed you can fly back with permission of court. They can claim for maintenance too if you file divorce petition.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Dear Sir,

Similar FAQs asked by my other clients were answered and same are as follows for your ready reference.

===========================================================================================My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.

1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.

Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.

2. What’s are rule and regulation for taking divorce?

Ans: It is given below.

3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.

Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.

4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .

Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.

5.Can I take my son custody after 7 years from court.

Ans: Yes, even before that.

6.If I want to do settle out court what is the chance of her asking me for alimony amount?

Ans: Rs. 5 to 6 lakhs.

7.On what bases this alimony and monthly expenses is decided?

Ans: On the basis of your personal income.

8.We can deny if they ask huge amount in alimony to pay as I don’t have that much earning or saving with me to give her huge amount of alimony ?

Ans: Yes, definitely. Then she is entitled for monthly maintenance only.

9.What is the difference between alimony and monthly expenses ?

Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.

10.Do I need to pay monthly expenses only for my son or I need to pay for wife also it is compulsory to give monthly expenses to wife ?

Ans: yes to both. If you do not pay, your belongings will be attached and you will put into jail, if you are purposefully avoiding.

11.Whether she can do any police complain against me or my family ?

Ans: Yes. But now Supreme Court given several instructions to police before arrest.

12.Whether it is bailable or non bailable complaint?What precautions we shud take to avoid this?

Ans: Non-Bailable unders section 498A IPC and 3 and 4 of Dowry Prohibition Act. You must get aniticipatory bail under section 438 of CrPC

13.Can she harm me and family by putting false alligations ? How to take precautions for all this?

Ans: YES, File quashing petition before the High Court.

14.I even want to know that what are strict norms are there for taking divorce?

Ans: It all depends upon evidence, male rarely get divorce but women get very easily, it is the legal presumption, I am saying this as per my experience as judge.

15.Because my wife is continuously telling me now Norms are very very strict what’s are they?

Ans: Nothing to bother, your advocate protect you.

16.Yes she is working if she is working then I am not liable for her maintenance money

Ans: Yes, your burden will be lessened to 50 to 75%

17.what is section 487A IPC in this can we go bail procedure before and keep it ready with us.

Ans: At the end given.

18.What is RCR?

Ans: It is Restitution of Conjugal Rights filed under section 9 of Hindu marriage Act.

19.What are Section 498A and DV Act?

Ans: Given below

20.Under this act will I get bail or not?

Ans: 498A is non bailble, in these days bail is being given to all husbands if there is delay in FIR.

21.But my wife is asking for Alimony separate and monthly maintenance separate Can I combine both as give her?

Ans: No, law does not permit.

22.It is necessary to give her monthly maintenance in her hand or I can transfer to her account?

Ans: to her account.

22.What is Special marriage act and Indian Divorcee Act?

Ans: Please see below. Both applicable in India.

23.what is the procedure for taking bail?

Ans: Your advocate will tell you if you pay fee.

24.If my wife does second marriage will I be still liable to pay her monthly maintenance?

Ans: No.

25.My wife was troubling me a lot and was keep fighting with me for no reason so in the anger I told her if you continue to trouble me like this I will do Second marriage will this create any problem for me in getting the divorce?

Ans: You will be in jail if you marry without divorce under sectin 494 IPC

26.If I am not capable of paying alimony amount if my wife asks for that what court will take the section.

Ans: If you have money and refuse then you will be sent to jail.

27.From almost 9 months she is at her parent home Can she file a complaint against domestic violence against me or my family?

Ans: yes, police create a very good story and register FIR,

28.Mutual Divorce take 6 month time can we do settlement out of court and take divorce fast?

Ans: yes. if you pay alimony and good fee to your advocate it can be settled within 30 days.

Section 9 in The Hindu Marriage Act, 1955

9 Restitution of conjugal rights. — 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. —Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***]

Section 498A in The Indian Penal Code

376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun¬ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]

Dear Sir,

Your questions are answered as follows:

1.Can she ask me to come to her place or refuse to come to my place?

Ans: No, it cannot be. Her proposal cannot be accepted by Courts.

2.Can she file false dowry and domestic violence case.?

What punishment will be given to her for false cases ?

Ans: She can file but on its failure no punishment can be given to her saying she lodged false cases, since it is family matter.

3.How long shd I wait for getting divorce if contested ?

Ans: About 2-3 years depending upon the tactics of other side.

4.How frequent can I get visitation rights of child and also during trial ?

Ans: Once a 15 days depending upon age and sex of the child.

5.Does my and parents govt job affected by it also pension settlement as my dad will retire in1 year if she files false cases?

Ans: If she includes your parents in the FIR, there will be some problems in pension settlement.

6.Does separation count from the day she left or the day I stopped visiting her ?

Ans: The day she left you that is deserted you.

7.Is it not the duty of wife to come to husband home as supreme court has granted divorce to husband ,in which wife refused to stay with in laws?

Ans: Yes, you are correct.

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

The following are similar FAQs asked by my another client....for your ready reference.

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

Dear Sir,

My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.

1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.

Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.

2. What’s are rule and regulation for taking divorce?

Ans: It is given below.

3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.

Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.

4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .

Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.

5.Can I take my son custody after 7 years from court.

Ans: Yes, even before that.

6.If I want to do settle out court what is the chance of her asking me for alimony amount?

Ans: Rs. 5 to 6 lakhs.

7.On what bases this alimony and monthly expenses is decided?

Ans: On the basis of your personal income.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hello sir,

I am providing all solutions of your queries. You may file divorce petition against your wife on cruelty basis. Your wife may file complaint against you and your family for dowry demand but you may secure you and your family. Your wife also may file suit for maintanence .Your appearance may be exempted by the concerned court under Cr.P.C. You may move freely out of India after dowry case also. For detailed opinion, you may contact me.

Shitanshu Kumar Gaur
Advocate, New Delhi
44 Answers

Not rated

1. It differs from court to court and judge to judge and advocates to advocates. Approximate 1 year.

2. They may file a police complaint alleging cruelty.

3. It can be easily dealt with in view of the changes in the law.

4. Some courts are installed with VC and in the absence of VC, it has to be regular, may be few times presence can be dispensed with.

5. Not at all. You can continue to work.

6. First wait for them to respond. Till such time, continue to work and earn.

7. Nothing.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Dear querist,

1. The time taken for Contested Divorce proceeding ranges around 2-3 years and it is also variable depending upon the state, where the case is being adjudicated. As per Hindu Marriage Act. You can file for divorce as your marriage has completed 1 year, and you and your spouse had been living separately for a period of 6 months or more.

2. They can file police complaint u/s 498a and other supppementary charges and in all likelihood, a FIR would be registered against you and your family members. She can also file a complaint under DV act and can also claim maintenance from the same from you. She can also file for divorce on the said grounds.

3.If they file a dowry case against you and your family members, you will have to seek bail and then you can present your side of the case and can defend the same. I would advise you to week anticipatory bail which would mean that you would go to jail, during the pendency of the trial as this provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence.

4.You would only have to appear on very important dates and your counsel can move exemption application on the other dates.

5. Your passport won't be impounded in,such cases, whereas this is where anticipatory bail comes into play. It would prevent any such thing from happening.

6. You can file a case for cheating, fraud and criminal breach of trust against your in-laws for material concealment.

7. Issue a legal notice to your wife first and file for anticipatory bail.

Regards.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

1. The contested divorce in Indian on ground of mental cruelty make take upto 5 years . Where as in case your wife agree for divorce then the mutual consent divorce can be granted in 6 months.

2. She can file false domestic violence, dowry case also she can seek maintenance from you.

3. See in course of time the allegation will fail you will with all necessary evidence can prove that the dowry case is false but the thing is it will effect your job in foreign as in course of trial you can be restricted and your passport may be deposited.

4. See if court put an restriction on leaving you from India as the dowry case is criminal case you wont able to leave India without permission of court further your personal presence at time of Evidence stage is require for other time lawyer can seek exemption.

5. The court can put the restriction on going outside you have to seek permission from court, passport can be impounded.

6. If in laws are intimidating you for false case you can file case on them for harassment and cheating and breach of trust in case of marriage.

7. In my view you should settle it amicable if possible you should try to give la last chance to marriage as it is abig step further if not possible them firstly you should try for mutual divorce only. Further if such condition is there keep evidences of things and take care of what you say they might record and use against you.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Contested divorce cases take 5 years to be disposed of

2) burden of proof is upon prosecution to prove allegations beyond reasonable doubt in dowry case

3) you can seek exemption from personal appearance in dowry case

4) you can travel abroad with court permission

5) mutual consent divorce is best option

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

1. First of all you shall have to firmly decide about filing of divorce suit considering the fact that divorce is the 2nd most stressful event in one's life. There is no time frame fixed for passing decree of divorce since it depends on how your opposite side will contest. Ordinarily, it takes 2 to 5 years to get the divorce suit disposed off.

2. Frankly speaking, you do not have adequate ground yet to file the divorce suit against your wife and it appears that it is just ego clash which is leading to domestic disaster. However, one can file a divorce suit o the ground of cruelty by submitting irrefutable evidence in support of your allegation. You shall have to engage a lawyer having expertise in this field to draft the suit for you and file the same before the Court in India.

3. If she lodges a police complaint u/s498A of IPC alleging dowry harassment by you and your family members and if the police registers a FIR against you, then all the accused shall have to avail anticipatory bail first and then contest the case fittingly.

4. You shall have to be in India for signing the divorce suit and give POA in favour of your relative in India to submit written statement in case she files a petition claiming maintenance. You shall have to be in India for giving evidence and also for taking anticipatory bail if any FIR is registered against you.

5. Nothing will happen to your passport for the FIR registered against you, if any. However, you shall have to file an application before the Court praying for waiving your regular attendance since you are staying out of the Country for earning your livelihood.

6. If they lodge/file any complaint/case which is finally proved to be false, you can lodge/file a complaint/case against her/them for lodging/filing false complaint/case against you for causing damage to you.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Firstly, time frame can not be pre determined in litigation. At least minimum 2 years.

Secondly, they need not to take any step just have to disprove the ground on which you may want divorce.

Thirdly, if the divorce petition has been filed by you prior to her complains to the police then that would help you to get bail and win the cases as the credibility of her cases would be at stake due to revenge on you in the eyes of law.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Contested Divorce can take many years no exact time Frame. They can file false cases of dowry, domestic voilence etc. They can also file maintenance applications. You can execute back power of attorney to your relative if you are abroad. Nothing will happen to your passport. Presently only concentrate on divorce as you are not staying in India. Any multiplicity of cases can affect your foreign work.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

1. You can file a contested divorce on the grounds of mental cruelty citing all those episodes or events that took place after your marriage provided your marriage is more than one year old.

The time taken for disposal of divorce cannot be predicted, however it may take not less than three years.

2.You have to prepare the pleadings strongly and produce documentary evidences wherever necessary.

3. If she lodges a criminal complaint for dowry harassment as a retaliation, you may have to first obtain AB and then challenge her false claims in the trial proceedings based on the documentary evidences and mreits supporting your defence.

4. Whether a NRI or a resident, you may have to attend the court on each and every hearing, however if you have any close relative to represent you during your absence, you can execute a POA deed in favor of the said representative to avoid your frequent appearances before court

5. If she is lodging a dowry harassment case under section 498a and 3 and 4 of DP act, you may not be able to travel abroad during the pendency of the criminal case.

If court imposes condition to deposit your passport for enlarging you on bail, you have no options than to remain in India till the disposal of the criminal case.

6. What are the reasons you rely upon to file one?

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

1. No specific time frame for a contested Divorce can be provided as it depends on several factors. However, a fully contested case should take around approx 3-5 years.

2. They can file complaints under 498a, DV etc. They can file for maintenance or restitution of conjugal rights or for Divorce.

3. If you are able to prove that you did not demand Dowry, her case will be dismissed and you will be acquitted. This will give you an additional and important ground to secure the grant of Divorce.

4. You do not need to remain present on all dates. You can seek exemption from appearance from the Court.

5. Initially, you may face problems, but once you secure a bail and provide security, you should be able to go back to work.

6. Since you have mentioned that they had hidden several things from you, you can consider filing a cheating case u/s 415, IPC against your in-laws'.

7. You may also consider calling a joint family meeting between the elders of the family to reach an amicable settlement or solution.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

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