• Divorce

I got married on Sep 2nd 2012, our family maintained a strict NO DOWRY demand and during this marriage times, I went through a hell as my wife wanted to buy a house. I am a Technical support in a private company after completing my Hotel Management. My wife has completed Degree in Ayurveda and was a District Medical officer, then did her MBA and is now working as HR in a hospital. After Marriage, she refused to marry and wanted me to get the house and car within 5 years. I tried to reason with her that I don’t earn much and if we BOTH earn, we can achieve a certain target. She REFUSED. Her two brothers and mother used to keep taunting me and should support them.

After nearly a year, when my parents came to know this, they tried to mediate and fix this. But on that fateful day of 13th Sep 2013 (never came back till date), she walked out of my house after abusing my sister, mother and parents. She was 6 months pregnant with my child she when she walked away and begged her in person and called her to come back, but she made it clear that I had to leave my parents and write in a Stamp paper that “I will listen to whatever she says and cut off all ties with my parents and relatives”. 

I filed for restitution on November in family court requesting them to fix this and even the counselors told that she was wrong she needs to compromise, but she came out of the court and openly on the road started abusing my parents which completely changed my mind.
On 20th May 2014, I filed for Divorce as her brothers were threatening me to return back to her and say sorry or face consequence. On March 3rd 2015, the family court judge herself told my “so-called” wife that she was wrong and this relationship is no more. My wife had demanded 25000 as maintenance (15000 for her and 10,000 for child) and Judge told that as wife is highly educated (more than me), she is not entitled to maintenance and the child will get 3000 as maintenance monthly.

After this judgment, wife has gone and filed the Dowry harassment case on May 20th 2015 and when the police said to her that this is not valid and in front of her family and our family, the Inspector stated this is framed so she can come back and will be decided by court, she has now filed for Domestic Violence on 23rd May 2015. She has asked for 300,000 for mental torture and 
My family is going through a traumatic experience and she has literally dragged us around in police stations and the reason why my family couldn’t be arrested was because I think these cases were filed after a year (I don’t know).

I request you all to please advise if the Dowry harassment and Domestic Violence  case is valid after more than a year and how could I fix this as she seems to be in a mood to terrorize us rather than walk away. I am ready to take care of child but never bring back wife as she has spoiled this relationship to no return. Please help on this.
Asked 1 year ago in Criminal Law from Bang, Kerala
Religion: Hindu
These cases are not valid since you have already been divorced. Let the dowry and domestic violence. Fight the case on merits and state everything in detail before the court supported by valid admissible evidence in favour of your version of truth.  file a case for custody of the child mentioning the welfare of the child to be the paramount condition and child woud not be able to grow in an environment which is not stable. further, file a complaint against the wife for filling false cases. once separation is granted by the court, domestic violence case is anyways not valid. 
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1. None of the cases filed against you is valid, but you have to enter your defence in the court and rebut them. The delay of 1 year in filing the case dislodges her claim. 

2. The courts have so far attempted in vain to persuade her to mend her ways. You should thus contest all her cases on the merits. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1. If a case for dowry or DV has been filed then you should take bail to preempt your arrest and then proceed with the case on merits. 

2. The case cannot stand if it has been filed a year after the separation, but you have to prove the separation of 1 year in the court.

3. She cannot be forced to come to the mediating table. What you can do is contest her cases. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
It is seen that your wife filed false 498a and Domestic violence case against you. Fight the case on merits and state everything in detail.You are liable to pay the maintenance amount to child .After one year you have also get a previlage of desertion without reasonable cause and deserting wife without any justifiable reason amounts to cruelty. It also a good ground for getting Divorce. 

 section 13(1)(ib) of the hindu marriage act, 1955, deals with divorce. it says: ``any marriage solemnized, whether before or after the commencement of this act, may, on a petition by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party has deserted him/her for a continuous period of not less than two years. but this period must be immediately preceding the presentation of the petition for divorce.'' 
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
From the contents of your post it is understandable that she is on avenging spree due to the divorce case and not conducive to her taste.The dowry harassment case and  he domestic violence case can be challenged properly before the court as they may not sustain.  You have to secure the evidences in your favor including the dismissal of maintenance case by the family court This is an after thought case, though it is maintainable it may not pass through or sustain due to the transparently seen false contents.  You may challenge the same properly by engaging a skilled advocate. 
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
1) She has now asked for a share in my mother's property (father doesn’t own any property) , as well as 25 lakh maintenance , 3 lakh for mental harassment which is I know she trying to arm-twist me to take her back to my parents house. Please advise if she is entitled to my mother's property? I don’t own any property, no vehicle and till date (20th August 2015) have saved around 88 thousand from my 8yrs and 2 months of work. We came to know from a source in her workplace that she is earning (15,000 per month).Please advise what all can she can claim here.
She is not having any right to claim a share in your mother's property, as a matter of fact, she is not having a right to claim a share in your own property too. If her employment and salary income is proved to the satisfaction of the court, her petition for maintenance also can  be dismissed by the court. 


2) She has demanded that she wants to come back to our house (which is where I stay as my dad doesn't own a property) and also wants half share in my mother’s house. Will the court allow her back into my mother’s house after the divorce has been filed and the Lady Judge already informing on March 6th that this marriage has no hope and to go separate ways? 
She has a right to stay in her matrimonial house till the marriage id dissolved by a decree of divorce. But she cannot claim half share or even a handful of mud in it  as a right.


3) I had filed for divorce on 20th May 2014 and as it’s been already more than 1 years and could the court grant me divorce after so many years? For example, if after 5 years of divorce and she doesn’t give me a divorce and keeps stalling, could the court give me a divorce of being apart for so many years?
First of all it is your wrong notion that she will give divorce or not.  It is the court which will decide about the divorce on the basis of merits on both the sides.Even the case drags on for years, the court will decide on the basis of trial proceedings taken place before it. 




4) I know that my wife owns around 4 acre land in her state (Karnataka) and if I file an RTI act to get the asset information, will this help in court to counter her huge claims of 25 lakh + 3 lakh for  mental harassment and maintenance ? How much time would this RTI take to get this information.
Yes you can use it as evidence from your side to repudiate her claim for maintenance.
  
If you apprehend that she may barge into your house without any notice, you may decide about staying away from that house stating that you are living separately away from your parents in your own house.  She is not entitled to enter into a third person's (your mother) property, the third person can lodge a complaint for  trespass against her. 
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
1. She does not have any share in the property of her in-laws. However, her claim has to be contested in the court if it is to be defeated. The biggest hallmark of a legal proceeding is the uncertainty of its result.

2. The court can pass an order of residence in her favour if she is able to satisfy it of her intent to cohabit with you. You will be given an opportunity to contest her claim. On your part you can seek injunction against her before she seeks residence.

3. The divorce petition will be heard and decided on merits. If she does not appear in the court then her defence is liable to be struck off.

4. You cannot file a  RTI to gather information about the land owned by her as this is third party information which cannot be disclosed by the authorities under RTI Act. You should endeavour to obtain the title deeds of the properties owned by her to rebut her claim.

5. Act strictly according to the advice of your lawyer.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0

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