• 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

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33 Answers

You have ample proof to reconcile with her, she herself has deserted you. This will be your defense for whatever cases filed against you.

To reckon 2 years, court my not consider her pregnancy period, quite obvious. Contested cases cost both time and money.

Will take years. and fees shall be acc. to reputation of advocate. Wife side suffers when they are genuine, in your case it`s opposite. Just keep trying to reconcile and gather proof of it.

Till than send her legal notice for resumption of conjugal right.

Yogendra Singh Rajawat
Advocate, Jaipur
22662 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

It is better to file Restitution of conjugal rights against your wife in family court.

If RCR is passed it will help you in proving that you are innocent, she cannot claim maintenance from you
she is deserter in the eyes of laws , she has no right of maintenance in future, husband will be in safer place
RCR will be passed and if she fails to join him within one year ,it a ground for divorce for husband for failure of restitution decree

If she denies to cohabit with you even after the R.C.R. decree is awarded then you can file an suit for execution of such decree under order 21 Rule 32 of the Civil Procedure code and then after a lapse of one year from the date of such R.C.R. decree you can file divorce petition u/s 13 (1-A)(ii) of the Hindu Marriage Act, 1955. If conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.

 

  1. she can file any case as she likes
    this RCR will dilute the seriousness of her cases
    3. if she doesnt join with you as per the court order within one year then that will become the ground for you to apply for the divorce

 

  • You get a leverage in maintenance & alimony, since you are ready to take care of her needs and necessities but she doesn’t want to join you.

 

SEC 9 OF HMA – restitution of conjugal rights. it is a prayer by a  petitioner; summon by a competent court ;  and order by a court to the spouse who left her matrimonial duties without sufficient reason.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1) file for divorce on grounds of mental cruelty and desertion 

 

2) wife refusing to stay with husband for continuous period of 2 years amounts to desertion and is ground for divorce 

 

3) wife May  file DV / dowry harassment case against you also seek maintenance 

 

4) divorce cases take 5 years to be disposed of 

 

5) dowry harassment case 10 years and DV cases 6 years 

 

6) you should get divorce 

 

7) legal fees vary depending upon the lawyer engaged by you 

Ajay Sethi
Advocate, Mumbai
94822 Answers
7559 Consultations

5.0 on 5.0

1. Transfer of cases of such nature s hardly allowed though you can give it a try. Except 498A case your wife also requires to bear lawyer's fees.

2. No time limit can be predicted. It could be anything between 3-6 years.

3. Delay is not going to help much. Acquittal is mostly done in 498A case though in maintenance cases you would be hled liable to bear her monthly maintenance unless you prove her income.

Devajyoti Barman
Advocate, Kolkata
22840 Answers
490 Consultations

5.0 on 5.0

Dear sir,

You can file a divorce case but alternatively,If you are getting threat from your inlaws, you can definitely file the criminal complaint. Cases like such needs to be dealt with utmost caution. And dont you worry, for your 4 cases if i do your matters, i will be charging you one time for ny professional fees. We are there for your help and not to loot. 

It would be better to understand facts of the case and decide iniwhich direction we should proceed. So, kindly contact me and we can figure out the way out.

Regards,

Yuganshu sharma

ADVOCATE

Yuganshu Sharma
Advocate, Delhi
433 Answers
1 Consultation

5.0 on 5.0

1. Approach Family Court and seek divorce from your ground on the strength of cruelty and desertion.

2. It is very much possible that she may file a number of false and fabricated cases against you, in retaliation.

3. One cannot comment on this. If there's a compromise at anytime in future, in the midst of this legal battle,    you'll get free early.

4. You have a decent case to make out. 

 

 

Vibhanshu Srivastava
Advocate, Lucknow
9601 Answers
303 Consultations

5.0 on 5.0

- As per Hindu marriage Act, Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party has, after the solemnization of the marriage, treated the petitioner with cruelty”.

- After going through your detalils, it is clear that you are subjected to cruelty by your wfie and inlaws.

- You should file Divorce Petition on the ground of Cruelty and Desertion as well , as it is fit case for Divorce .

- Trasnsfer of cases filed by your wife is not possible as per law, as a woman is free to file her case under any jurisdiction .

- Yes, wife side will also suffer legal fees , except 498a.

- Estimation of a case is not possible , due to multiply of cases filed against each other. But it can be settle mutually at any occassion. 

- No, your filing of Divorce will not delay things further. Possiblity of win the case in your favour but it depend on evidence produced by you in all cases.

Mohammed Shahzad
Advocate, Delhi
13277 Answers
198 Consultations

5.0 on 5.0

1. You can not continue in such situation because of a threat that she might lodge a complaint. 

2. You go ahead and lodge a divorce case against her on the ground of desertion.

3. If they file a case against you then it will be a weal case since a lot of time has elapsed and there is a delay in lodging the complaint. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

Yes both the sides will face legal fees. 

It depends on proceedings filed against you. 

It depends how your trial goes and the lawyer you appoint. 

Prashant Nayak
Advocate, Mumbai
31968 Answers
181 Consultations

4.1 on 5.0

You file case on wife that she has deserted and cruelty ground. 

 

Rest of the things forget 4 different cases and 4 lawyers, she can't file 498a, 125 CrPC, etc. 

 

Don't wait her to file cases on you. You file cruelty and desertion case on you.

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

See you can firstly file a complaint based on audio records against your wife and in laws. Secondly can file a divorce on ground if desertion and cruelty against your wife.

See you can engage one lawyer for all the cases, and he can help you out with same further since she deserted you two years before the criminal cases filed by here shall not be that strong. 

 

See settling all cases may take 5-6 years if they contest Strongly.

See there is delay in complaint from them so more important thing in your favor further no evidence against you so you will get out of this.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can file divorce on the grounds of willful desertion ànd cruelty.

she can file dv 498a and 125crpc against you. 

Fees depends on the lawyer's expertise and experience.
Fees are not uniform or standardised in legal profession

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Concerned, 

 

This is the time that you file divorce. 

There are 100% chances to face retaliatory cases as mentioned above. 

 

Maintenance will have to be paid for the child and for the wife cause if you say she has left on her own, she might say I want to come back .

 

Yes 4 cases would mean Advocates fee for 4 cases, yes wife will also have to spend of she file cases. 

 

2-3 years should be minimum, you will surely get divorce on the basis of above notes, moreso if your wife files a case of criminal nature that will become a ground too. 

 

Best of luck.

 

Atulay Nehra
Advocate, Noida
1308 Answers
58 Consultations

5.0 on 5.0

You can file for Divorce for "Cruelty & Desertion" (file case in October, 2019, if you want to take Desertion plea)

Use the aforesaid material in support of your case.  

Further, collect the educational certificates of your wife, her present position and earning capacity and also salary details. 

Yes, you will certainly have to face the music. Most likely, she will come up with DV, 498-A, etc., as far as hiring lawyer and expenses are concerned it will be between you and the  lawyer.

If contested tooth and nail it may take minimum of 5 years (subject to other factors remain constant)

It appears, you have got good case.

 

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

You can file divorce on ground of dissertion and mental cruelty by wife and in-laws.

DV case is not maintenable after one year of separation period. 

498 A will also be diluted if you file divorce before the case. 

Sec 125 CrPC can be dismissed if you can prove that your wife left you without any sufficient reason. It can be proved by tendering recordings of inlaws and your efforts to resolve the dispute.

Your case is very strong you can get divorce in two years approx.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

First of all if you have decided to file a divorce case, then dont be worried about her false cases, let she file any case which can be tackled accordingly.

The lawyer fee for any case shall be let known by the lawyer engaged for the services.

If you are frightened ab0out her false cases then dont file the proposed divorce case, however in my opinion, if the situation is intolerable you may have to proceed with the proposed divorce case, come what may.

T Kalaiselvan
Advocate, Vellore
85023 Answers
2209 Consultations

5.0 on 5.0

1. No your grounds will not weaken if there are proof for same.

2.  Mutual application for divorce can be drafted in such way that there is only mention of compromise and mutual divorce. 

3. See this is.completely based on your mutual settlement if she agrees you can.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) it would not weaken your case if you try for mutual settlement 

 

2) settlement talks can be without prejudice 

 

3) if wife is working both should shoulder responsibility of maintenance of child in proportion to their income 

Ajay Sethi
Advocate, Mumbai
94822 Answers
7559 Consultations

5.0 on 5.0

Your divorce case on the grounds of desertion and cruelty will remain in the same status and it will not alter  just because some efforts for mutual consent divorce has been taken.

B  No such issue can dilute your grounds for divorce if mutual consent divorce issue fails to take off.

C This is an arrangement and an agreement you may be entering into with her, this will depend on her acceptance or not.

No legal solution for this is available.

T Kalaiselvan
Advocate, Vellore
85023 Answers
2209 Consultations

5.0 on 5.0

A. yes it will weaken down your case. 

B. No, this fact can not be used 

C. Yes you can ask for the same. if it is mutual then you may certainly put your conditions before them. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

1. No

2. No

3. Yes ior child support you can 

Prashant Nayak
Advocate, Mumbai
31968 Answers
181 Consultations

4.1 on 5.0

Dear Sir,

Procedure to get Mutual Consent Divorce

Here are some of the requirements of getting divorce by mutual consent

  1. Mutual consent

As the name suggest Mutual consent divorce first requirement is that there must be a mutual consent between the couples. That means all issues between them like custody of children, maintenance, alimony have been resolved between them and only they intend is to get a divorce only. There is also a separation period between the couple of not less than one year. the divorce by mutual consent

How to come to a mutual consent

The husband and wife sit together either with the help of close relatives, lawyers or in mediation. They first decide custody and visitation rights of children and their custody normally custody of children goes and decided mutually in favor of wife and husband do get visitation rights if this is decided then they proceed ahead with issues related to maintenance and alimony to wife. Normally husband agree on lump sum and one time payment of fixed amount in favor of wife and wife on the other hand will not demand any maintenance or alimony in future. only when all the above issues are resolved the mutual consent divorce is possible.

 

Mutual consent Divorce

  1. Preparation of Mutual consent divorce agreement

After oral discussion its now time to get it on paper here at this stage mutual consent agreement is prepared and which is a detailed documents of whatever has been agreed between the couples they are bound by it. the mutual consent agreement has to be notarized and signed in front of notary public.

  1. List of documents for mutual consent Divorce
  2. Petition of mutual consent divorce both motions along with waiver of 6 months cooling off application in case you wish to waive off 6 months waiting period between two motions. if other spouse is in other country then power of attorney of other spouse.
  3. 4-5 recent photographs to be pasted on petition and agreement.
  4. Proof of marriage which includes either Marriage card with marriage photographs or marriage registration certificate with marriage photographs.
  5. Id card with address proof

Note: you must carry originals at time of court hearing.

  1. Court Hearings

At the time of court hearing you must reach on time and all originals must be carried by you at the time of hearing. Once your matter name is called you must be ready to answer questions put up be judge.

  1. Common questions like date of marriage and separation?

  2. custodyof children?
  3. Consent is without any coercion or undue influence?

After basic questions the couple move ahead for verification of original document and hearing is concluded once they sigh on their respective statements.

Conclusion of Mutual consent divorce Proceedings

After the conclusion of both first and second motion court hearings the court will prepare a decree of divorce which is a formal document of divorce and officially couples are separated by decree of divorce and process is concluded.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

No arrest.

Yes, through court.

No need.

No way.

Yogendra Singh Rajawat
Advocate, Jaipur
22662 Answers
31 Consultations

4.4 on 5.0

 as per the guideline of the supreme Court, when the complaint registered against the husband and his family, formally the police call upon you and your parents for enquiry purpose. You can go with all the information and supportive documents. if the police trying to deviate the matter or that to arrest or taking in to custody immediately, just request to police take up the counseling in another day for settlement. Just escape from the police station and apply the anticipatory bail in the concerned jurisdictional court. after obtained the bail, then only you attend the counseling of police station.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

There is no automatic arrest 

 

2) objective of women cell is to help in reconcilation between parties 

 

3) only if reconciliation fails would an FIR be lodged 

 

4) obtain copy of complaint filed by wife 

 

5) you can engage a lawyer in Ambala if you so desire 

 

6) even after losing of FIR there is no automatic arrest .you can apply for and obtain anticipatory bail from sessions court 

Ajay Sethi
Advocate, Mumbai
94822 Answers
7559 Consultations

5.0 on 5.0

1. On summoning you for inquiry the police cannot arrest you, but it is not known that how and under what pressure are they working, in case of any huge bribe or pressure from any top police officer the police may summon you formally and may even remand you without giving chance to obtain AB, hence better you accompany to the police station by an advocate.

2.  The complainant may file a petition before magistrate court under section 156(3) cr.p.c.  for direction to police to take suitable action on your complaint pending before them

3. It would be advisable that you engage an advocate from Ambala.

4. Dont get scared, nothing of the sort will happen.

T Kalaiselvan
Advocate, Vellore
85023 Answers
2209 Consultations

5.0 on 5.0

1. See if it counselling they will not arrest though to be sure you can obtain anticipatory bail.

2. See you can pit forth correct facts before police after that also if FIR is registered file quashing before high court.

3.yes you should.

4. No such things won't happen seek anticipatory bail to avoid arrest. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) No.

2) No. DVC has to be  filed within one year.

3) Better take services of local Aadvocate.

4) No need to panic, nothing of that sort happens, more particularly, you will be accompanied by your representative / Advocate.  Further CC Surveillance will be there.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

A divorce petition should be filed by you immediately on grounds of cruelty desertion.

Ahe will file cases and therefore be prepared for that. Seek anticipatory bail. File for fir quashing in case fir has been registered.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

They want everything for themselves and will again demand from you. Therefore don't give anything to them. She is not entitled to maintenance if she has wilfully deserted you and if she is earning.

If you don't go for divorce and instead go for a family settlement then afterwards they would have a strong case and they would use it against you. Don't trust them.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

The police would threaten you and take thw girl's side. They will tell you to give her some money. Therefore file a domestic violence case against your wife and her parents through your mother immediately.

Also go there with friends and a lawyer.

In case thw mediation fails file an anticipatory bail application.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1. Yes

2. They can

3. Yes

4. No way. File complain

Prashant Nayak
Advocate, Mumbai
31968 Answers
181 Consultations

4.1 on 5.0

1. No need to visit on 3rd april due to the lock down

2. Let then give some other date 

3. No need to reach an advocate of the complaint has been filed before Mahila Thana. Yes you may engage someone to confirm if the FIR has been lodged or not and what is the content of the complaint that has been filed. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

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