File RCR immediately if you do not want to pay maintenance. Get the order. Let her deny such order. Then it will be a ground for divorce by you. And there shall be every possibility that court will refuse to grant any maintenance.
Regarding alimony and maintenance for wife
I got married in Chennai in Feb 2015 and lived together with my wife till Nov 2015 after which she travelled to Canada for her higher studies. She was supposed to return in Dec 2017 but after going there she said we are not compatible and refused to come back. When we asked her parents in Apr 2017 to ask her to come and atleast finish off the divorce through mutual consent, they asked us to wait till Dec 2017 to change her mind (Her father didn't want divorce whereas her mother turned very abusive and scolded me falsely as impotent). Even after waiting till Dec 2017, she didn't return and moved to USA from Canada. When we asked her father, he still didn't wish for divorce and tried to convince her for which she didn't agree. I told its not necessary to force her and better to split amicably. Then after waiting till Mar 2018, they told she will come in April and finish off the divorce. But in April 2018, she told she has some Visa issues and came in October 2018 and filed divorce. Second hearing was scheduled in April 2019 but she didn't come citing professional reasons (She is a neurology medical resident in New Jersey now). Then they said she will come in May 2019 but again she refused to come. Then in June 2019, they told she cannot come and told we ll finish second hearing in skype. In july 2019, when we tried for skype, judge refused skype hearing and wanted her to come personally. Then we fixed date in Sep 2019. Now, my father in law is threatening us that his daughter is worth Rs.50 lakhs to Rs. 1 crore since she is highly qualified and we have to pay compensation. I am doing my PhD in India and earn less money to pay such a huge amount. Can he convert this mutual consent case to a contested case and file a false case against me? (I have audio recorded the conversations with him in Apr 2018 in which he himself had said that her daughter betrayed me). If he files such a case, will the police harass me and my family by immediately arresting us? My wife's family is financially in a much better position than us, in which case will the court agree to her demand and ask me to pay maintenance or alimony?
Asked 6 years ago in Family Law
Religion: Hindu
16 Answers
No this is not the case you have to contest in there was in the court as is not appearing before the court.
As you are separated since 2015 and if your wife is not appearing before the court you can get ex parte divorce you can submit all the related documents to the court to get the expert this is not the matter of his daughter worth rupees 1 crores but this is matter of the divorce and in case you do not want to come back to matrimonial relationship which you are looking too she do not deserve any alimony.
I don't know the actual status and whether you had filed petition for Section 9 restitution of conjugal rights . if you did not file section 9 immediately file section 9 . if your wife did not comply with the Decree of Conjugal right. Then you can file Divorce Application U/S 13 of HM Act. After one year of passing of decree if wife does not come back then a fresh proceeding can be filed for divorce on non compliance of RCR decree.
See.your wife has clear deserted you and you gave evidence of same.
If father in law is threatening for alimony and amount t you can file a police complaint for intimidation and in case she does not appear for divorce file contested divorce on ground of cruelty and desertion.
Further she is not in any domestic relationship with you in case he tries to file false complaint you can get anticipatory bail and file for quashing.
She can't claim that much alimony. If she is working she can't claim the same. You can object it. She cannot get your parents arrested. If she files abg false case you can seek anticipatory bail
Dear
After filing of mutual consent divorce they cannot demand anything they have to move according to the petition of mutual consent divorce and the statement given in First motion of divorce.
If they refuse to give divorce through MCD then you should go for contested divorce.
You will easily get divorce on ground that they are blackmailing you for extortion of 1 crore after MCD.
Feel free to contact through consultation if you need any other advice
personal presence of wife is not necessary
2) if she is staying abroad virtual presence through Skype is sufficient
3) if wife with draws her consent for MCD divorce petition would be dismissed
4) you can file fresh petition for divorce on grounds of mental cruelty and desertion
5) no need to pay wife Rs 50 lakhs
Hi
As directed by the Court let her come to court and appear. If she fails get MCD dismissed.
You file contested divorce case for cruelty, make sure that the notices are served ASAP.
Preserve all your material proofs / evidence in support of your case.
Lodge complaint before Police and IMA bringing her mis deeds to knowledge of both the authorities.
Be prepared to face 498A. If such thing happens take Bail and contest the same.
Firstly, her father cannot covert the mutual consent divorce case into a contested divorce, it is the parties, i.e., you and your wife should withdraw the consent divorce after which either of the party can file contested divorce case.
Even then it is not a criminal complaint hence yo do not have to be worried on that count because police has no role to play in a divorce case.
You can refuse to pay even a single penny to her father or to her because that was no the condition to file this mutual consent divorce, you dont have to keep begging them for mutual consent divorce, if she is not tuning up before court on the date fixed for the next hearing, you may inform before the court that since she is not interested in giving mutual consent divorce .you would like to withdraw the same with the leave of court to file a fresh divorce case on the contested grounds.
After that you can file a divorce case on the grounds of cruelty citing this also as a reason for the cruelty and also desertion since you both are living separately for more than two years.
If she is not turning up before court, then you can easily get an exparte divorce after which let her father blabber anything, just ignore him.
Thank you for the advice. One more question is that if my wife and in-laws file a false case against me in court like dowry harassment, domestic violence, physical/mental cruelty, desertion etc., will my parents and I face immediate arrest? Also, are these non-bailable offenses? Eventually after a few years of me facing courts for this, if these cases against me are proved false, can i file a counter case against them for spoiling my life and prosecute them in court? My wife will be living in US and mostly her parents also will move there and they will visit India only once in 6 months and stay here for 6 months and again they will go back. How do i safeguard myself from these immediate arrests? I had seen in news papers that the immediate arrests for dowry harassment was removed but again got reinstated. We have been living separately for the past 4 years and suddenly if they file such cases against me, will the police arrest me and my family still without proper enquiry? Thank you
Asked 6 years ago
arrest is possible but not immediately as per orders of Supreme court there is a provision for inquiry committee to do inquiry on such cases and submit their report within one month time and if your family is found guilty in their report, police will arrest you.
Take anticipatory bail in such conditions against FIR if filed against you. You will not be arrested
No arrest without preliminary investigation.
You can file defamation case both under civil and criminal law.
You can apply for anticipatory bail in apprehension of arrest or bail application immediately after arrest.
See police can arrest you though in the matrimonial cases there are counselling before arrest and filing FIR in meantime you can seek anticipatory bail. Yes these non bailable offences.
Yes you can file a suit and complaint for defamation against her. See you can seek anticipatory bail in case there is any court notice.
See police can arrest but you will get time to seek bail.
Dowry harassment is non bailable offence but there is no immediate arrest
2) you can apply for and obtain Anticipatory bail from sessions court
3) in domestic violence case there is no arrest if any case is filed against you
4) police in dowry case have to conduct investigations and submit report
Since she is not attending the mutual consent divorce case for various reasons you may withdraw the case and file a contested divorce case on the grounds of desertion and cruelty.
Let the summons reach them and see for their reaction.
She cannot file a DV case or dowry harassment cae after you filing the contested divorce case especially when you both are reportedly living away from each for more than 4 years.
Also she may have to be present in India for each and every hearing if she files the DV case which would not be possible for her, hence you just dont be bothered about it..
Even if there is a complaint filed before police under section 498a, you can immediately obtain AB and then challenge her false case in the trial proceedings.
Dont be so much worried about a non existent thing so early.
Dear Sir,
If you anticipate such filing of false case. then you can get anticipatory bail even before registering FIR against you. It is better to file divorce petition on the grounds of cruelty and voluntary desertion by wife.
Admittedly she is earning atleast 10 times of your earnings so probably Indian courts may not award any alimony to her.
