In continuation to my previous two posts "Query regarding divorce", I would like to update the status and put forward a few more questions to the esteemed judiciary panel: Earlier my wife (who is a self sufficient doctor having very good financial status in terms of property and salary) was adamant about not going for divorce after I had filed the petition. We attended four sessions of counselling at the CAW cell in north delhi (after she had filed false allegations of DV on me and my family in repercussion to my divorce petition), but the counsellor failed to convince her for an amicable separartion. Now she has come up with an absurd demand: She said that if I wish to go for a mutual divorce I should pay her 75 lakhs!!!. God knows where does this figure crop up from? When asked, she said that its my compensation and maintenance. But she is a working woman, as qualified as I am, earning more than/equal to me and we do not have any child as well. So where does the question of maintenance arise from? Now the CAW cell has referred us to the mediation wing. But she is kind of threatening me that if I do not agree to pay her this amount, she would file an FIR and take this further ahead. Also, if she asks for wedding expenses as an out of the court settlement, it wont amount to more than 10 lakhs at any cost. So this figure of 75 lakhs is totally unjustified. Also, I am not legally liable to pay her a single penny (If I am right in my understanding). So why should I shell out my hard earned money on this nonsense? I earn about a lakh per month and do not have much savings as well. So where do they expect me to pay this enormous amount from? And for what reasons? So now my questions are: 1) How do you think should I carry this matter forward from here? 2) If she goes ahead with the DV FIR, what are the repercussions? (We have been married for 3 years and have been staying separated for more than 2 years now; my parents do not live in Delhi for last 2 and half years). 3) What should be the sensible precautionary measures by me? 4) What is the prognosis of cases like these in the court of law? How long do these usually drag? 5) My work demands a lot of travelling abroad and also I might pursue higher education from the USA in 2 years from now. Would an FIR etc hinder it in anyway? thanks Awaiting some practical and sensible replies
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1) refuse to pay a penny
2) contest the false cases filed by wife on merits
3) 498A cases take 10 years to be disposed of
4) after 3 years or so when she gets fed up she would agree for an amicable settlement
5)you would need court permission to travel abroad for work purposes
Hii
No worries. Dnt get panic under this circumstances.
1. Refuse to even single rupee to your wife.
I mean don't pay anything as if now.
She is eligible only for her stridhan. And alimony if she is job less or having kids.
2. If she is filing dv face that and fight for false allegation on marits of the case.
3. It takes long time to get resolve. .
4. You get permission from court on a application for permission to travel abroad for work as it gives you bread and butter.
Regards.
Dear Client,
You can`t deny her alimony, in case of divorce, your are bound by law. Settlement money can be adjusted by mutual talks, such heavy demands are normal in MCD.
Let the case goes on, time will create force to decrease her demands.
Such FIR will not crate much ruckus as vindictive in nature and filed after 2 years separation.
Anticipatory bail if FIR filed and don`t meet her in private, she may allege fresh incident of violence than FIR.
Contested diovrce goes for years, 2 3 years at least,
No, if you are willing to cooperate with investigation and same undertaking given to court if passport seize requested to court by police.
You have right to object alimony as she is self dependent and earning but courts have their own views depends on the evidence submitted and satisfactory argument.
And for settlement of the issue, You have to reach at some figure to console her demands.
hello,
your wife is demanding a hefty amount from you. try to negotiate with her with the help of relatives etc. if that ha been done and there has been no outcome, then you have already filed a divorce case. let it continue. she should understand that such an amount cannot be paid.
the help of the mediation cell can be taken in agreeing to an amount which also includes the amount they spent on the marriage.
an FIR in the middle of mediation cannot be filed. after the mediation fails, she can go ahead with the litigation, which is going to help no one.
DV FIR would be registered and then the case moves on, she can't claim any maintenance under the act as she is working. the court will adduce evidence and if there is evidence of DV would pass orders accordingly. these cases are filed as a vendetta, they have no proof and they usually drag on.
an FIR can be quashed by the HC citing valid grounds.
do not meet her alone or try to contact her. try to negotiate the amount. cases like these go on for 2, 3, 4 years.
you may be summoned in case there is a warrant against you, in an FIR case.
try to end the matter through mediation and get away from it as these matters drag on with the husbands generally nearing the brunt of it all, as they cannot marry, and are always live under the fear of a false FIR and jail'
regards
hello,
if there is no one to whom she listens to, then I think mediation is the only option which is left.
regards
1. You should simply reject her offer of one time alimony of 75 lakh rupees. You are only liable to pay alimony and maintenance to wife if she is not qualified enough and cannot maintain herself on her own or has less income then you, whereas in the present case she is a well qualified doctor and having same or more earnings than you. So, no alimony is to paid to her.
2. Since you been legally separated with your wife for the last 2 years, you and your parents would be granted bail without much hassles. As per the recent Supreme Court judgement, the nuisance in 498 a cases filed by wife has been curbed to a very large extent, therefore you do not need to worry about search frivolous and concocted cases as the onus of proof to prove allegations would be on your wife only.
3.You can also file for divorce on Grounds of desertion and cruelty by your wife if you don't want to continue the mediation proceedings. If your wife files FIR after initiation of divorce proceedings against her then you will have a plea that the FIR was lodged as an afterthought of divorce proceedings initiated by you.
4. Contested divorce cases take around 4 to 5 years to be disposed off. Add some time would pass your wife would get more anxious for a settlement as litigations would also cause a Dent in a pocket and she would probably settle for much less or no alimony.
5. After FIR has been lodged against you, the can impose certain restrictions on your foreign Travels and you may have to seek for the permission of the court before going abroad. But after the recent Supreme Court judgement passports are rarely impounded by courts and if you regularly appear on the court dates, no such action would be taken against you.
Feel free to call.
Regards.
Dear Concern,
Please take note of following -
A. Instead of wasting your time and energy in convincing her to agree for divorce by way of mutual separation better move before the court asking for divorce on the ground of cruelty and desertion.
B. Do not agree to fulfill any of her demands. Those are absolutely absurd and since she is earning equal amount as that of you she is not eligible to get any maintenance or alimony from your side. Keep proof of all her earnings to show it before the court. It is extremely likely that she may resign from her job acclaiming herself to be jobless to seek as much money as she can the moment you will file this case.
C. From hereon keep proof of all the communication which you have in between or in the family so that you can prove before the court as to how she is threatening you to trap you in series of false criminal and civil cases.
D. If possible hire a detective and keep a watch on her and her family and collect as many evidences as you can which can be helpful to you in contesting your case.
E. Stop visiting the CAW Cell. Just submit your statement and ask for the closure. She will definitely come up against you with her false cases and that will strengthen your position before the court. Let her come before the court with her false cases taking note of them you can easily get rid of her.
Don't panic be calm and handle the situation very tactfully. Things like these are bound to happen if you marry a lady of such nature. There are ways to stop her but I will suggest you not to use that, rather let her come against you as that will help you in getting rid of her very easily.
1. You can refuse to pay her the amount she demands, let she proceed with her intended case or FIR, you can challenge the same in the trial court after obtaining AB.
2. You fight out the caase on merits and supporting documentary evidences in your side.
3. Obtain anticipatory bail.
4. It may run for years at least two to three years.
5. You cannot travel abroad on a permanent basis if ther is a criminal case pending against you.
