Hi, jurisdiction of mutual divorce can be at the place where both husband and wife are currently residing or at the place of solemnisation of marriage ..If she has a adhar card of Sonepat ,it can be filed there as well and can show separation of 1.5 years ,so that the 2nd motion can be filed early ..
After wife false complaint FIR lodged at Sonipat after receiving summon of RCR filed at Lucknow
Dear Lawyers, Let me tell you situation now: -> Summary: My marriage was solemnized at Lucknow on Jan 28, 2011. Wife left matrimonial house in Gurgaon along with her parents on normal dispute on 16.07.2017. My parents lives in Lucknow (my native) while on that day I was out of country. Lucknow: (RCR petition filed on 12 April 2019 and summon received by wife at her office on 12 May 2019). Sonipat: (Wife's hometown. Her father and mother lives there at their own house) Gurgaon: (Wife working in MNC and Child (6 years completed on 04.12.2019) schooling is going on. They both live separately from me in a rented house. Their current address and child school is unknown to me. Now situation is: Sonipat: False complaint filed in Women Police station, Sonipat against me and my parents on 15.06. 2019. Lucknow: She just came on first day on 27.09.2019 to sign in Family court to register her advocate. Lucknow: She filed a reply more than time period by court which was all false and her advocate just copied all false police complaints in her reply. On the day of hearing on 16.11.2019 my advocate did not receive their reply. Court ordered next hearing date for same as 31.03.2020 to accept reply or not. Sonipat: FIR Case 100 lodged against me, my parents on 02.12.2019. We were called on 14.12.2019. In evening my father in-law said (via third person) that he want to compromise on some amount all together while wife was sitting with Police and writing her statement. We offered Rs. 15L. Emailed: About wrong FIR and harassment to me and my parents by her after Section-9 pending case in Lucknow to all higher authorities in police administration, Women commission and Human Rights Commission. I received reply from DG office and Human Rights commission. Sonipat: On 21.12.2019, at separate advocate chambers we both party sat and we prepared documents of Rs. 14 L (Rs. 1 L deducted because it was directly given in her account after she left matrimonial house in Gurgaon). After discussion again we prepared documents and summary is as below: Fixed payment of Rs. 14 L (They need full 15 L as per 2 motions 7.5L each) Location of compromise: Sonipat (Which we ourselves disagree because we overlooked that false statement was written that marriage was solemnized in Sonipat). After discussing with other party advocate he said because he prepared ground of divorce as FIR in Sonipat and he can show my wife’s Aadhaar card that she is living there only with parents, court will allow Sonipat as jurisdiction. But for me it is totally wrong because she lives in Gurgaon and works in MNC in Gurgaon while child schooling is also in Gurgaon. We want them to compromise in Lucknow (place of marriage). Child visitation: Odd numbered weekends (wife says only 3rd weekend she can allow), full Diwali vacation, full summer vacation (Wife says that she allows half vacation time only), even year birthday celebration, school visit and phone call etc. Request for feedback.
Asked 6 years ago in Family Law
Religion: Hindu
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12 Answers
My query is for your opinion on following: 1. Lucknow as location of compromise via Section 13B (MCD). 2. I was thinking to give school fees only rather than (Rs.14L) money directly to wife. In this way I will be connected to my child. 3. About my child visitation claim in any case whether to pay-off all amount of Rs. 14L all at once or payment via school fees demand. In this way I will be able to know where my child is, in case she again started behaving like these days by not disclosing me about her address and child school. 4. Can I ask higher authorities in police to proper investigation and close matter? Human Rights Commission has shared my complaint to SP City and Directorate of Investigation. I received their feedback on email with copy of order as attachment in email. I also have all necessary evidences. 5. Can I stop MCD and make her realize that false complaints or FIR will definitely face her consequences of Section 120B, 167, 182, 191, 197, 471, 500, 504, 506, 227 etc. and filing case against her or her parents. 6. Shall I take anticipatory bail from Sonipat and go for quashing FIR in High court of Chandigarh? 7. I heard that my in-laws are planning to shift Section-9 RCR from Lucknow to Sonipat via Supreme Court. How far is it feasible and is hearing happened with prior notice to us before any order by Hon’ble Supreme Court? 8. After every talk my in-laws notify (written application) police that they must not take any action and left somewhere for 20-30 days. Every time it happens and it really harassed us that he has taken full control of police process and wife is playing with my emotions.
Asked 6 years ago
1. See if its mutual divorce lucknow or Sonipat both court can be place of Jurisdiction and compromise it won't effect the divorce and compromise.
2. See you can talk to your wife and in-laws on this as the compromise need to be mutual and they need to accept your condition.
3. See your condition is genuine and valid you can put condition like you will pay half amount and other half you will pay as fee of your child.
4. See if compromise is reached they shall anyway close the complaint though in case it is contest you can demand fair investigation.
5. See till the point her cases are not disposed off as false case you cannot complain against her and which will again take time and trial therefore if compromise is reached and amount is also reasonable then it is better to be out of it peacefully.
6. See firstly if compromise is signed you can make a consent quashing based on compromise in High court and wife can consent to same.
If no compromise take anticipatory bail and further file quashing petition before high court.
7. Yes they can apply for transfer citing reasons, if they file in SC you shall be served with notice and petition you can file reply to same and contest.
- The location for compromise can be decided by both the parties amicably.
- The maintenance and education of the child is your responsibility the amount 14 lacs your pay is the only amount for the alimony.
- If it is decided in the agreement that the 14 lacs will be paid by youtubers education and maintenance of the child then both the parties can decide whether this payment should be e one time payment and should be kept in a separate bank account and used as an when the bills are raised for the fees
- I hope this will not work and police will not take any action in this regard
- Till the time you don't make any payment and reach to any conclusion in the agreement you have all the right to file any case and staff fee payment agreed in McD.
- In case you fear that you will be arrested then definitely have to take action in this regard and take the anticipatory bail otherwise you can go to the high court and get your FIR request in that case you may get the state from the High Court against any arrest
- Mostly in the case of ladies transfer of cases are done in their favour so if any petition is filed in Supreme Court to transfer the case from Lucknow to Sonipat it may be possible.
- If you agree for the payment and they agree for the withdrawal of any criminal case against you and the same is submitted to the court then things may wind up
Dear Sir,
You will have to approach the High Court and file your quashing Petition and state the grounds therein upon which you are seeking quashing of 498A. Better draft and present your Petition well with good advocate practising in such High Court.
If 498A is quashed then you dont have to do anything unless there is an condition to the Order of quashing. You just have to relax and not worry about such case.
You can use this quashing Order in your Divorce or Restitution Petition and use it as an additional ground to succeed in your Petition.
- It is said that offense is the best defense. File a case under Cr.P.C. 227 stating that the 498a case filled by your wife is false. If you have enough proofs, or if she does not have enough proof to substantiate the charges, ask the judge to just dismiss the 498A case as it is a framed one.
To make your case stronger and to expect an earlier settlement file counter cases against her to give her a taste of her own venom.
Below is a list of counter cases.
32, 120B,
167 (investigation cannot be completed in 24 hours),
182 (offenses committed by letters),
191 (transfer on application of the accused),
197 (prosecution of judges and public servants),
199 (defamation),
200 (examination of complainant),
201 (Magistrate not competent), 204,
209 (triable exclusively by Court of Session), 211,
249 (absence of complainant),
250 (compensation for accusation), 306,
321 (withdrawl from prosecution),
323 (commit to Session Court), 355, 378, 379,
384 (summary dismissal of appeal),
392 (judge of Court of Appeal are equally divided),
406 (criminal breach of trust), 420,
467 (period of limitation), 471,
497 (adultery), 499,
500 (defamation),
504 (insult with intent to provoke a breach of peace),
506 (criminal intimidation), RCR
Damage recovery case u/s 9 of CPC (law of torts):
If she breaks into your home, creates a scene, and goes to " protection officer " and lies that you abused her "physically, emotionally or economically", file a damage recovery case u/s 9 of CPC against her. Legally, you must issue notice on the same day or next day. The suit will continue for long time. It has no risk.
Also u/s 9 of CPC (law of torts), claim damages for loss of consortium.
1) MCD can be filed at Lucknow of Sonepat or Gurgaon
2) you can make payment y of Rs 14 lakhs at time of second motion
3) you can seek joint custody of your child
4) MCD is best option . Wife should agree to withdraw false cases filed by her
5) if there is no settlement then only apply for AB
6) quashing is to be done only in exceptional cases
7) SC passes orders after hearing both parties
The location will be place of marriage solemnisation of the place where wife is currently residing. Yes you can bring your conditions in appellate court when you challenge the order of lower court. You can file an application with the police for the same. Its your discretion to stop mcd or continue with the same. It's better to finish the same as it will be a never ending battle. yes you can go for quashing in the same. You can state the conduct of your wife to the court as mentioned in point no 8 by you
If you want to make changes in the memorandum of understanding then you can very prevail upon and insist in changing the terms especially for the child visitation to some extent or else you may even withdraw your consent for everything
If at all she wants to go ahead with her false cases, let she, it will become difficult for her to prove her false charges.
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In the meantime you also can prepare yourself to file some false cases against her as a counter to her false cases which may mount pressure on her and it may even backfire at her for her wrong moves.
You do not have to agree for any settlement in a haste or hurry because it is going to remain forever.
If necessary you can even file a child custody case which will be another set back or blow to them.
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It appears that they have influence with police on the basis of which they are putting pressure on you.
You should not budge to their pressures.
You can obtain AB from Sonepat and wait for the charge sheet to be filed for filing a quash petition before high court at Chandigarh.
You can decide about going ahead with the MCD or not, however the RCR is a waste case hence you may better think of withdrawing the same and file a contested divorce case if the MCD talks or negotiations fail.
You can file a child custody case and seek visitation right as an interim relief which the court will order her to show the child to you by bringing the child to court,
There are lot of things that you can counter her, hence you may discuss at length with your advocate and proceed effectively.
You should not come under their pressure and do everything at lucknow. If ahe is working and living in gurgaon then gurgaon can also b3 an option. Choose a neutral place. If they are ready to give divorce then they should agree to what you say. Tell your lawyer to negotiate strongly.
Regards
Lucknow is a better option. If she has told lies in her petition that the marriage was solemnnised in sonepat, why you should be made a party to such a lie??
You don't have to give money as she is earning. If she is demanding alimony then give it to her.
She cannot do that as it is illegal. File a habeas corpus petition in the high court if she doea not let you meet him. A contempt is also made out.
I don't think they will back down. They may take half the money and then mot give the divorce.
Thwrefore go for quashing and face trial and take anticipatory bail. File for child custody.
Also file a domestic violence case against her through your mother.
Regards
1. Dear If your compromise is happening then it doesn't matter in which court you are Filing the petition for mutual consent divorce.
2. For mutual divorce only question is jurisdiction of court and Sonipat court will have jurisdiction because she have parental home in Sonipat.
3. Once you go ahead with first motion of MCD all cases will have to be withdrawn from both sides. So don't worry about false complaint against you.
4. It will not be beneficial for you to go ahead with police case and try to prove that her case was false.
1. Petition for MCD can be filed either in Lucknow or Sonepat or any other place where the spouses reside immediately before the presentation of the petition.
2. Ideally, not more than 30% should be paid at first motion. The remaining balance should be made on the second motion. Let wife withdraw her case first.
3. MCD gives liberty to spouses to determine themselves the issue of child custody/visitation rights. However, even a MCD decree does not preclude either ex-spouse to file a fresh petition for child custody if there is a change in circumstances.
4. If FIR has been lodged then apply for AB without waiting for settlement to materialise.
5. Unless FIR is perused threadbare no opinion can be formulated on the prospects of quashing.
