• Query regarding divorce

I had posted my queries twice in the past regarding my marital situation. Just to give a brief overview I am a 30 year old surgeon married around 4 years back to my colleague who is an anaesthetist in Delhi. The marriage turned sour within the first year due to incompatibility issues and we have been living separately since March 2016. No kids no other liabilities. I tried convincing her for mutual divorce but she was neither willing to mend her ways nor ready for divorce. Therefore I went ahead filing the HMA in March this year. Our court hearings have reached till the stage of me filing the rejoinder against her written statement. After I filed for divorce she used her weapons of CAW cell and 498a and also filed a dv act against me n my family (who don't even stay in Delhi for last 3 years). The complaints are mostly vague and very redundant. No dowry allegations but she claims that the jewellery lies with us (which is a complete lie). After attending around 12-13 sessions of CAW meetings in the form of counseling and mediation, in the last meeting her uncle (who is her only so called spokesperson) and my parents came and it was decided to settle the matter with some amount of money ( which was too much considering there was no gifting or dowry involved). But in the next meeting when we were supposed to sign the MoU, she backed off increasing her demands of money for settlement. This clearly shows her greed. So now I cannot pay her more and do not even wish to waste my money on such a scheming greedy woman. Her intentions are to simply grab money from us. 
So my questions are:
1. What should I do from here on? I don't intend to get remarried anytime soon and have already gone through the trauma of multiple court and caw cell visits so far. 
2. She is as educated as I am and earning nearly same as I am, may be little less it more. We have no kids. We both are doctors. Legally will she be entitled for alimony? 
3. What next should I expect from caw cell? 
4. What would be your final word of advice to me? I have tried my level best to settle the matter but she is hell bent to be vindictive and destroy my peace. So what should I do now?
Asked 4 years ago in Family Law
Religion: Hindu

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15 Answers

1. Keep contesting the cases. No need to succumb to her illicit monetary demands.

2. No, because not just she's earning, but also earning as much as you.

3. They can register a FIR against you u/s498a, since the mediation is going to fail

4. Since you are not in a hurry to remarry, keep contesting these pending cases. Your claim will succeed finally.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. If they are being greedy you should withdraw your search of settlement from the table as you don't want to get married tin future you can continue to contest the case.

2. She would not be entitled to any maintenance amount as she has same earnings as yours.

3. You should continue to appear in the CAW cell proceedings so as to show your Bonafide intentions. In all likelihood, they would drop the name of your parents.

4. As more time passes, they'll start panicking morr, that way you can settle at your terms, not theirs.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Firslty, as per the information mentioned in the above query, makes it clear that she has been using all tricks to tourbke your family.

Secondly, when you filed for divorce, and thereafter she filed all such cases, from that very moment credibilty has gone down as the presumption would be in your favour which says that she might have done it to take revenge from you.

Thirdly, I advice you to not to go for the settlement otherwise it may show that you were at fault somewhere.

Fourthly, no, she is not entitle for any alimony as per law I recent judgments of Supreme Court/ the Apex court of our country.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. if the FIR is filed then you can accordingly file a petition in the HC for FIR quashing, the name of your parents will be easily removed from the FIR.

2. She can claim alimony and claim the expenses on marriage, but since you are not at fault you can easily defend the case of alimony.

3. The mediation would fail and the FIR would be registered subsequently.

4. Which case have you filed under HMA, if a divorce case has been filed then pursue the same ootherwise file the same. If she files any criminal case then challenge the validity of the same before the HC.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

hello

if she is not ready for MCD and has backed off and is now demanding a huge amount, she is clearly trying to skin you. you should continue with the contested divorce case. 498A and DV act cases will also go on but she can only succeed if she has a good case which she obviously does not. try to finish this case and don't go for mediation. let them come to you if they want to.

she is not entitled to any maintenance and as far as alimony is concerned the court would grant some but she has deserted you and you have lived for only a year together. you have to contest this too otherwise she may demand and get money. in case the alimony amount as decided by the court is very much you can appeal against it.

you don't have to do anything other than completely focussing on the divorce case so that she doesn't get a penny out of you and you become a free person as soon as possible.

regards

Rahul Mishra
Advocate, Lucknow
13755 Answers
65 Consultations

5.0 on 5.0

1) refuse to bow down to wife blackmail tactics

2) no need to pay her any money

3) contest false dowry harassment case filed by her on merits

4) wife would not get alimony as there is no substantial differences in your incomes

5) continue with your divorce case

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

The fir is lodged with the police and then the hearings commence wherein mediation etc is involved but you have gone through it therefore....that can be handled and a complaint has already been filed as had been stated by you. Therefore she cannot go on filing multiple FIRs in the same case.

Regards

Rahul Mishra
Advocate, Lucknow
13755 Answers
65 Consultations

5.0 on 5.0

If FIR is lodged then police will do the investigation.

You will have to appear regularly before police till investigation is completed.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

CAW cell objective is to help in reconciliation of parties

If reconciliation fails then only FIR is filed

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

After FIR has been filed as to the police will start its investigation and prepare chargesheet and would call you for the same.

You should also seek anticipatory bail once the FIR is registered in order to avoid arrest

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

caw cell will arrange for mediation.if it fails only further action will be taken but you wont be arrested until she had filed a FIR for cognizable offence on you in police station.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

CAW will register a 498a case only once the mediation in between you and your wife fails.

Though the Apex Court in a recent case has restored the power of the police to decide whether or not to make arrest under Section 498A, generally there are no routine arrest in these cases any more and the Police is under an obligation to follow the dictum laid down in the case of Arnesh Kumar vs. State of Bihar.

Nothing to worry about majorly.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1) Now as of you are not interested to get remarry again and you don't want to pay alimony nor one time settlement divorce amount to her, so now only one option with you that is RCR.

2) Fight the interim maintenance, forget all other cases including 498A

Golden rule: fight interim maintenance case whether under CrPC 125 or DV Act (or even HMA 24), as if your life depends on it.

All other cases can wait – that includes IPC 498A, 406, 323, 506, 34 and so on. And wait they will anyway in judiciary. That’s how game goes. The divorce industry works by delaying things, not speeding them up. More the delay, the more frustrated husbands become, because not only they have to run around courts, they have to keep paying interim maintenance too in the interim.

Which is why I suggest reducing interim maintenance to a minimum is the best strategy, on top of which everything else can be built up over time.

The dangers of high interim maintenance

Wife continues to get interim maintenance every month, so she is least bothered about finishing up cases quickly whether she has filed or you have filed.

Only in cases where wife has a boyfriend she may be in a hurry to get a divorce decree. But that is not true for every case.

Unscrupulous women’s main motivation is extraction and extortion of money. Many of them are not even bothered about getting a divorce, since probably a married status with maintenance works very well, especially for those with children. As long as they are able to extract a high maintenance every month, they can coolly wait for husband to lose patience and agree to a lumpsum settlement.

The advantage of low interim maintenance

Wife gets Rs 75K or 85K per month, which is just enough to sustain her. Her hope of getting an instant lumpsum of 50 to 60 lakh or even more are dashed. That creates a psychological pressure and damage.

Now even if cases get delayed as they will anyway, husband doesn’t have to worry about bleeding a lot of hard earned money every month to parasitic wife. Paying 2,5000 per month is much better than paying 40-50,000 per month.

Once interim maintenance is awarded, husband can focus efforts on other things like filing TEP, RTI, collecting more evidence and so on which will help to fight 498A/406 etc. But instead if he has to pay high interim maintenance, he will again go for appeal or revision thereby wasting more time there.

Most people do the opposite by spending too much time on 498A even after getting bail, by telling everyone about their innocence etc. Their thinking is that somewhere someone is sitting who is all eager to listen to their story that they didn’t take a penny of dowry and so on, but unfortunately for them they have very little understanding of the divorce industry, which is all tuned not to give a chance to husbands to get rid of any of criminal or even family court cases.

Most important, collect proofs of wife’s working, income, job profiles etc

Often repeated statement by husbands: My wife works but I don’t have proof.

Then make it top priority to get whatever proofs possible. Without that lawyer and judgments won’t help!

Ways to collect proof of wife’s working:

Check her facebook profile for any pictures at workplace

Check Linkedin profile and other job sites for wife’s profile

Any business card in name of wife which shows her name, company designation?

Income tax return (ITR), which is one of the best proofs of anyone’s income because usually real income is always higher never lower than what’s given in ITR

Try to get details from EPF (employee provident fund) office.

Network with other at local city’s weekly meetings. It’s by such relations that people are able to get details of wife’s job simply by finding someone else who works in same company or who knows someone who can get the proof. BUT don’t go there with this as the sole expectation.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. You can refuse to pay her any money even under any pressure because you have already come over the maximum pressures she has created on you so far. The pressures that may come in future are familiar to you hence you can easily tackle them.

Dont allow a greed person to dominate you and become a fool once again.

Come what may, you may face her in the court and challenge her false allegations strongly on merits and the support of the documentary evidences in your possession.

2. You can refuse her maintenance claim ion the same grounds, the court has to convinced about this by which her maintenance case will be dismissed.

3. You can inform the CAW cell people about your decision to not give her any money and you will face her in the court and may ask them to proceed in the manner known to them or law, you can obtain anticipatory bail and challenge her false cases in the trial proceedings.

4. The vindictiveness and vengeance, greed, ego are all the factors by which she is trying to play all the tricks on you.

You may make sure that you are no more a puppet to dance to the strings pulled.

Be firm in your decision and decide to go ahead.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

v

Once they register a FIR, the CAW cell will not be having much work to do after that.

You may obtain AB and then challenge the case in the court of law in the trial proceedings.

You can even try for quashing the case through high court once the police is submitting the charge sheet before the trial court.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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