• Query regarding divorce

As a continuation to my previous query answered by many of the esteemed lawyers of the country I would like to put forward a few more queries:
After I filed for the divorce petition, we had our first hearing in district court wherein the judge (who was extremely sensible) refused to listen to either of the lawyers and asked us to talk in private and come to an amicable conclusion. To that, she agreed for a mutual divorce if i pay her the wedding expenses (which I found ridiculous, But still agreed to buy some peace in life). However, subsequently when we met in our CAW cell New Delhi counselling sessions (She had lodged a DV case against me and my family as a repercussion to my divorce petition) and also in the latest session in the district court, she was adamant that she wants to restore the marriage back (despite all dirty and baseless allegations, Basically by putting me under threat and not letting go of the TAG OF MARRIAGE) and wants JUSTICE (god knows what is that supposed to mean!!!). So in other words despite repeated warnings by the judge she wishes to carry on with the unnecessary court proceedings. 
Now according to my understanding this has only two reasons:
1. She feels that by dragging this further and putting me under the threat of dirty baseless allegations of 498A etc she can compel me to come back to her (which is nearly impossible: I told that to the judge as well)
2. She is probably guided by her lawyer to keep on dragging this further so as to extort an unreasonable amount of money from my family (which at any cost I wouldnt let happen).
So now I am compelled to attend the further meetings of CAW cell (which will be mediation I guess) and court hearings unnecessarily.
So my question to the esteemed panel of legal experts is that:
1. What are the things I should be worried about in such a scenario? (She is financially independant, as qualified a doctor as I am; we have no child as well)
2. Should I also start the game of dirty allegations? (Till now, I have been keeping quiet so as to settle things amicably; I can make hundreds of dirty allegations against her but that would simply tarnish her image and would jeopardize her chances of getting settled in future, which I really dont wish to do)
3. In my case it is clear cut that after i filed my divorce petition she has come up with all these dirty allegations (which are definitely in retailiation). Even then I am made to go through all this non sense for no fault of mine. My only fault was getting married to the wrong person who put my life under constant threat. Do i not even have the right to get out of this alliance? If she would have been the one asking for divorce there wouldnt have been so much debate and discussion. Then why is it so difficult for a man to ask for redemption from a troubled marriage? What are his options other than compromising and going into depression (which at any cost I donot want for myself)
Thanks. Please help me out!!!
Asked 4 years ago in Family Law
Religion: Hindu

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10 Answers

1) since wife is highly qualified and working she would not get any maintenance unless there is substantial differences in your income

2) you should continue with divorce case

3) contest false dowry harassment case filed by wife

4) you should in reply in DV case deny allegations made against you . State your side of story

5) if you are able to prove allegations made in divorce petition you would get divorce decree

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

Be informed that DV case cannot be filed one year after her departure from your house. The law is as follows: Get the matter taken to High Court and get quash the DV proceedings.

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it would be barred by limitation . it ought to have been filed within one year of the incident In view of the provisions of Section 468 Cr.P.C., that the complaint could be filed only within a period of one year from the date of the incident seem to be preponderous in view of the provisions of Sections 28 and 32 of the Act 2005 read with Rule 15(6) of The Protection of Women from Domestic Violence Rules, 2006 which make the provisions of Cr.P.C. For further information contact.

Section 468 in The Code Of Criminal Procedure, 1973

468. Bar to taking cognizance after lapse of the period of limitation.

(1) Except as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence of the category specified in sub- section (2), after the expiry of the period of limitation.

(2) The period of limitation shall be-

(a) six months, if the offence is punishable with fine only

1. Provisions of this Chapter shall not apply to certain economic offences, see the Economic Offences (Inapplicability of Limitation) Act, 1974 (12 of 1974 ), s. 2 end Sch.

(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;

(c) three years, if the offence is punishable with imprisonment for term exceeding one year but not exceeding three years.

(3) 1 For the purposes of this section, the period of limitation in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.]

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. Since you are attending the CAW cell, make sure that you do not sign any paper or MOU without perusing the same and against your wish. Behave very well wityh the officials and try to explain them that the allegation iis baseless and has been filed to harass and take revenge on you since you have filed the divorce suit.

2. Offence is considered as the best defense in any battle including court battles.so, expose her completely which will make her defensive and you might avoid her assaults in the CAW meeting. When you are seeking divorce, why do you bother about her "getting settled in future"? You take care of the allegation she has lodged against you and counter them by lodging allegations against her with evidence.

3. Work with your head and not with your heart. You have filed the divorce suit for which she has made the DV complaint which is an obvious retaliation from her side and you shall have to counter all her such moves to win your case. Patience is very important while pursuing litigation before the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1) Both of you are Doctor's by profession, instead of fighting like this, you can fight against her false allegations 498a and DV act.

2) Now her you make plan that first come out of 498a case and file RCR case against her for time being and later on once the 498a and DV case stopped than file for Divorce or Mutual Consent Divorce.

3) I know how much trouble you may have got till date by this issue, however you have to play proper game and stop opposite party's all weapons by inserting only one weapon from you side of RCR and ask you to withdrawn all cases against which she has raised before you and than ask for Mutual Consent Divorce.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. In this way no mutual divorce is possible. You carry on your own divorce suit and prove the allegations mentioned therein. If the acts of cruelty as alleged in the divorce suit is proved then you will get the decree of divorce. There is no need for counter allegations.

2. No need

3. Her allegations may be hurled during mediation proceeding. If that is so then such allegations have evidentiary value nor the court can give any reliance. So ignore her unfounded allegations.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

There is no other alternative you need to contest all the cases filed by person in Court. You can falsify the claims made by her

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

1. You should not worry a bit as the court would not grant her any maintenance as she's a qualified doctor and can maintain herself.

2.You can give your version in your Written Statement in DV case denying all the Allegations made by her. You can also counter her allegations with your , if you have impeccable evidence for the same.

3. The best option for you is to stay positive and contest all the cases. If you can prove to the court that cruelty has really been dobe on you by your wife, then you can succeed in getting the divorce decree. It's implied that your wife has filed the DV case as a counter blast and can be proved as her afterthought based on concoction, but again you need to convince that to the court.

For any other queries, feel free to call.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

1. As you rightly said that she may be misguided by her lawyer to demand an exorbitant amount or that she may feel insecure about her future if this marriage is broken and the tag called divorcee may affect her name and reputation in the society or may be any other reason.

Whatever be the case, you do not give in to any kind of pressure other than if it is a quick solution to solve the entire problems at one go.

2. it is up to you to utilise the opportunity, you are the better judge of your situation.

3. There is no compulsion on you to accept her demands under pressure.

You can refuse to budge to her pressures.

You can challenge her allegations in the trial court if you are confident about tackling all the situations sand her false allegations.

You can think about the pros and cons and proceed ahead as per your decision.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

DEAR CONCERNED,

Lets Look at your queries one by one

a. THERE is nothing to worry about - PLEASE be informed that the Hon'ble Apex court has given clear directions about filing of 498A complaints and hence conversion of 498A in FIR is rare and difficult - so let no one or no lawyer scare you on the ground of 498A

b. NO - MAINTAIN pace - you seem to be a man of ethics with filing of divorce only when you really gave up on this relationship. Playing around with words in your reply / case is certainly allowed however try not to make false allegations - the more you lie the more trouble you get into .Hence be what you are and you will surely sail good.

c. The Hon'ble Apex court has said in catena of cases that all the RETALIATORY cases should be dealt with caution and hence you can always maintain that the case has been filed in retaliation.

d. Proceed with your case - ask you lawyer to push the court for framing of issues and then the evidence - also ask him to file a 151 application for praying to the court to fast track the process - PLEASE note use what your right is - if the court does not fast track your proceeding in Noida - in such a case you may approach High court in form of writ for directions to the court below for competing the proceeding with in 3 to 6 months.

Be Calm - Don't feel pull down by anything REMEMBER - its you who initiated Divorce Proceedings - YOU will surely come as winner.

Best of Luck

Atulay Nehra
Advocate, Noida
1282 Answers
58 Consultations

5.0 on 5.0

dear sir,

in my humble opinion, you should not pursue the path taken by her and stick to your arguments. she is a doctor and is financially independent. she cannot extort any money from you in the garb of maintenance. moreover, try to settle the matter amicably as your professional reputation is also at stake. as you have no children, no custody issues or maintenance issues regarding the child would arise. as far as dowry issues are concerned, they cannot harass you as new guidelines of the Supreme Court have come wherein it is not easy to arrest or detain anyone without sufficient cause. it does not matter what she says, the only thing material is what she can prove. so try to settle the matter through mediation or through common friends or relatives and in case that is not possible, then contesting the case is the only solution. a petition in the high court should be filed too against the 498A and DV Act allegations.

regards

Rahul Mishra
Advocate, Lucknow
13754 Answers
65 Consultations

5.0 on 5.0

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