What are chances, quantum of facing torture in retaliation if I file for divorce on desertion
Brief summary:
-2017-APR got married(hindu), I and wife on 1st floor, parents on G floor, Noida. Wife, in-laws started dominating in next 4 months. She went to Ambala (Inlaws) 6 times for 21 days total,
-2017-AUG She argued to separate kitchen, I complained to inlaws. They came and abused me, threatened to kill me and abort 4mth pregnancy. Wife left with them, 2+yrs now.
-2018-JAN Baby girl born.
-2018-MAR Wife started working as IELTS consultant.
-2017-SEP to 2019-APR I went to inlaws 5 times to resolve, held their feet, cried, begged. I made 110 calls, 120sms, 10 emails to resolve. In response, (audio recorded) got abuse(kutte, harami, chappal) and threats(police action). Inlaws admitted they their threat to kill me(in audio recording) and marriage is over, but said they will enjoy postponing case to yrs. Her close frnds share pics holding guns on facebook.
-2019-SEP 2yrs desertion completed (No case so far both parties). Mediation has failed.
-I want divorce
-What are chances of retaliation/torture from case Transfer, DV, 498, C125? 4 cases means 4 multiplied by lawyer fees? Will wife side also suffer as much legal fees?
-Estimate of time by when I can be free if full legal process takes place?
-What is strength of my case? Will I get free or will this delay things further?
Asked 4 years ago in Family Law
Religion: Hindu
Thank you all for your valuable opinions.
Progress - I have not filed for divorce till now. My family is pursuing mutual discussions as a last ditch effort to avoid legal hassles. Girl's side strongly requested us against taking any legal action.
My question is - A. Will the strength of my (Desertion & Cruelty) case weaken/water-down, if my family tries to pursue for mutual settlement with girl's side but girl's side backs off later (after initial cooperation on Mutual Div)?
B. Can they use the fact that "1. mutual discussions took place (recordings)", or "1. (if in future) Application for mutual divorce in court" as a ground to question/ suspect merits of my D&C Case?
C. Girl's side demanded lumpsum money so that my child gets 15k to 20k per month till 18 yrs. She is ~2yro. Can I ask girl's side to also commit 1/3rd of total amount? If they want 12lac for child, they put in 4lac and i put 8lac in 18yr FD?
Asked 4 years ago
After 2.5yrs of separation suddenly today I received a call from Mahilla Thana, Ambala Cantt, Police lines that a complaint is received against me, my parents under dowry-domestic-violence. I was told to appear for counselling on Apr 3 10am. The policewoman told me that I can bring 2-3 friends or relatives along.
It's clearly a false complaint on me and my family. Clearly wife has no evidence as there is nothing wrong that I did.
I am very worried right now, what could happen.
Please advise me on my query:
1. if I visit Mahila Thana, can I be arrested? will I be pressurised by Police to pay huge money?
2. if i visit Mahila Thana and they find the complaint was false, will wife's family still be able to file a case in court after this?
3. should I search for a advocate in Ambala?
4. i fear i will be beaten and killed in jail. :'(
Asked 4 years ago