• Want divorce

Dear Sir/Madam
Mene pehle v post upload ki thi ki meri marriage curfew mein 29 march,2020 ko hui thi..... meri wife 8 April se apne ghr gyi hui hai ...meri wife muje bolti thi ke mera bf tha aur mein unko milti v thi.....aur v bhut kus bolti thi, ghr walo ke sath misbehave krti thi..lekin woh sab ke sahmne change ho gyi aur boli ke mene esa kus nai kaha aur apne dad ke head pr hath rakh kasam kha gyi.....ab mera believe tut gya...ab muje khatra hai k woh apne bf ke sath milkr muje aur meri family ko poison na dede....dono parties ki tarf se 3-4 bar relatives ke sath milkr bat v ho gyi jisme mene yahi bola hai ke apki ladki mere sath ese bat krti hai ke mera bf tha aur mere se dur raho ... dowry aur mar pit ki koi bat nai hui counselling mein....ladki ke dad bolte hai ke ladki khushi khushi rehti thi .... en sbki mere pass recordings hai....jitni bar counselling hui unki recordings hai mere pas.. jisme dowry aur mar piet ki koi bat nahi....mere pass meri wife ke massages v hai jisme woh apni friend ko bolti hai ke mera husband kutta insan hai....sb ke sahmne woh achi bnn rahi aur muje badnam krti hai ...jab mein duty pr tha usne message kr diya ke mere pass baby (pregnancy) khatm krne wali tablets hai mein wo kha laugi....mene bola nai...aur woh kha v gyi ..muje nai pta woh tablets kaha se layi....mein govt job krta hu aur mera probation period chal raha hai.....muje sun.ne mein ayea hai ke woh muje job se hatwa dege ...mera question hai ki 
Kya meri govt job ja skti hai ?
Kya court meri wife ko mere mnna krne ke babjud v mere ghar bej skti hai ?
Kya recordings mere kam aa skti hai ?
Uska village mere village se 250KM hai agar woh apni court mein court case file krti hai toh mein case ko apni district mein kaise transfer krwau ? Kya case transfer hona possible hai ?
Asked 5 years ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

29 Answers

You would not lose your govt job 

 

2) court cannot force you to stay with your wife 

 

3) you can rely upon audio recordings in your possession 

 

4) case would not be transferred in your city 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

Hi, aap adultery ke ground par divorce court mein file kar dijiye ..Case transfer Karne ke liye app ko high court mein petition file karni padegi 

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Respected sir...

  1.  Vo apko kese bhi kimat pr nhi hatva Sakti bsk se vo kuch bhi krle..
  2. Hanji sir law me provision h but usko divert Kiya ja skta h usko rentel accomodation me rkh ke..
  3. Hanji sir recording apke kaam ayenge..hr jgh keep them safe ..
  4. Sir uske liye transfer ki application file krne pdegi strong ground k sat..
  5. Hanji sir possible h but sirf ground strong dekhana hoga ...

 

I am from Haryana feel free to call or aap kuch bhi legal advice le skte h ek bhai ki trh ...

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

1. Domestic Violence, Maintenance, 498a ke cases ka aapki naukri par koi adverse effect nahin hoga,

2. aapke mana karne ke baawjood court aapki wife ko aapke ghar NAHIN bhej sakta,

3. recordings aapke kaam aa sakri hain,

4. aap apni court mein kewal section 9 ya fir divorce ka case dal sakte ho,

  wo jo bhi case dayar karegi unhen aap apni district mein transfer nahin karwa sakte,

 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Dear Sir,

As suggested in your previous reply, you are suggested to preserve the recordings and be mentally strong. File an humble and informatory application to police authority regarding apprehension of false cases by them and request for giving you enough opportunity for put your version of case before taking any adverse action against you. Since, you are in govt. job, the only problem will arise when you are arrested for more than 24 hours. Hence try and do all the acts to prevent this. Be in touch of any advocate of your choice and file suitable cases for your protection as and when needed. Your job may be saved and nothing go against. The court may not pass any adverse order, if the suitable protest/defence to her case is given in right time by you and in this action, your recordings will be very useful. For transfer of cases from one district to other district, the High Court has power. But, it is suggested that you do your home work and be proactive in your cases/actions.    

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Hello,

  1. Nahi, aapka govt. job ki koi khatra nahi hai.
  2. Yah sambhav hai.
  3. Recordings kaam aa sakti hai.
  4. Case transfer hona mushkil hai, lekin aap application kar sakte hai High Court me.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

 As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Hence, as per law, she cannot deny living with you, under the condition of separate living from the family.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Further , As per Section 125 (4), CrPC , No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, , and it is also a ground of divorce. 

- If she is not interested to live with you , then try to take her consent for mutual divorce.

- If, she not agree for mutual divorce, then file a divorce petition on the above mentioned grounds. 

- Since, she has left you, then for your safeguards, you can lodged you complaint before the police and higher official, as an information, after mentioning the details and also for threatening to implicate you in false dowry cases.

1. No, family cases me noukri nahi ja sakti hai ,

2. Nahi , court me case dalne ke bad bilkul nahi , specially divorce case me 

3. Bilkul , Supreme court ke anusar audio recording evidence me pesh ho sakta hai legally.

4. Nahi , uska case wahi chalega jahan wo dalegi.

- Case transfer kerne ka adhikar kewal Supreme Court ko hai.

 

Good luck and dont forget to rating Positively

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. Sir jab tak koe criminal case mai conviction nahe hota government job nahe ja skte in facts mai.

2. Ap refuse kar skta hai or divorce ka lia file kar skta hai. Per wife residence right ki mang kar skti hai.

3.  Vo recording ka cotent dekh kar he decide kia ja skta hai.

4. Ap high court mai transfer petition file kar skta hai.

5. Court itna easily case transfer nahe karta bina valid reason ka.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Case would not be transferred. Convenience of wife is generally taken into account 

 

2) she can file for divorce where marriage was solemnised or where you resided together or where wife is staying after marriage 

 

3) if her dowry harassment case is dismissed you can file for divorce on grounds of mental cruelty 

 

4) maintenance is at discretion of court depends upon your income , wife income , standard of living etc 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

Dear Sir,

In life, we get worried for many things which sometimes never happen in life. So, I suggest you to be strong mentally and have the attitude of "Jo bhi hoga strongly jawab denge". This will be done to reply all the actions taken by them. Any false complaint by her will be treated as cruelty and it will be ground for divorce on that ground alone. The degree and earning conditions will reduce the maintenance amount. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. See vo criminal case kanhi bhe file kar skta hai divorce or annulment ka jurisdiction place of marriage hota hai.

2.  Sir agar vo.false case kare or prove ho to us ground per divorce le skta ho.

3. Vo apki or apki wife ki salary ka according decide hoga agar wife earn nahe karti to court may grant her maintenance.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hello,

1. Aap bol sakte hai, lekin jahan jahan par wife rahti hai wahan wo file kar sakti hai.Aapka application ko oppose jar sakti hai.

2. Yes, isse ye sabit kar sakte hai ki wo aapke saath cruel vyawahar ki hai.

3. Yah kai kai sare baton se tai hota hai, jaise apka earning,unka earning,aapka life style etc. Court faisala denge.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

There is no danger for yor job, even if she is giving a complaint for dowry harassment, the police will first register FIR, you can obtain anticipatory bail and then challenge her false cases in the trial proceedings on the basis of the evidences in your possession.

The court will not pas any such order to force you to live with her against your willingness, however in a domestic violence case if she is seeking residence, then the court may pass an order to provide her residence wither in your home or in a rented accommodation outside your home.

You can obtain a certificate under section 65B of Indian evidence act to prove your recordings to be genuine to produce them before court as evidence from your side against her. 

If she is filing a criminal case you cannot get it transferred to your place, but if it is a civil case then you can file a transfer petition before high court to get it transferred to a court near your home town.

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

The place of marriage cannot be cited as a ground for seeking transfer of the criminal case to your home town. She can file the criminal cases in her place of residence also.

 

The dowry harassment and false DV cases are strong grounds to prove cruelty, you can very well fight the divorce case on that basis also.

 

If your wife is not employed and has no source of income to sustain her expenses then you may have to pay her monthly maintenance  to the extent of 25% of the proven income.

 


The place of marriage cannot be cited as a ground for seeking transfer of the criminal case to your home town. She can file the criminal cases in her place of residence also.

 

The dowry harassment and false DV cases are strong grounds to prove cruelty, you can very well fight the divorce case on that basis also.

 

If your wife is not employed and has no source of income to sustain her expenses then you may have to pay her monthly maintenance  to the extent of 25% of the proven income.

 

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

You can only file divorce after one year of separation. You can file petition for separation. You can seek anticipatory bail if any criminal case is filed. 

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

1. Case transfer karne m ladies ko preference di jaati hai. Aap ek acha lawyer kare aur sab acha jaye to case app ki district m transfer ho sakta hai

2. Ji haan, dowry and dv case aap k favour m jaye to aap ko divorce mil sakta hai

3. Kitna maintenance dena hoga ye aap ki salary pe depend karta hai thoda bhaut, vo master degree hai to bhaut km dena pdega....

Naukri lgna jitna mushkil hai, us se mushkil hai hatna...so dnt wrry 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

False cases se aapki Job par koi asar nahi hoga. aap voice recording aur dusre message court mein submit kar sakte hai jo aapke kaam mein aa sakte hai. court kabhi bhi kisiko force nahi karta ke wife ke ya husband ke sath rehne ko. aap case transfer nahi karva sakte hai. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

 aapki wife case kahi se bhi file kar sakte hai. agar dowry aur dv case aapke haq mein aa jaye to aap mental cruelty ke ground par divorce case file kar sakte hai. maintenance court calculation karta hai aapke income par aur Wife ke Living style par. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Aapki wife aapko blackmail kar rahi hai. Jo jhooth bol rhi hai. Woh aisa kuch bhi nahin kar skti. Aapki shadi abhi hui hai. Aapke paas recording bhi hain. Darne ki zarurt nahin hai. 

Aapku hob nahin jaa sakti.

Woh domestic violence ka case kar skti hai aur maintenance maang skti hai. Aap apni mummy ya sister ke naam se 1 complaint daal dijiye agar woh krti hai to...same complaint domestic violence ki. Tab woh aapke ghar nahin aa payegi.

Case transfer krne ke liye high court mein application file kijiye.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Jahan marriage hui hai divorce file ho sakta hai. Magar kam se kam 1 saal baad hi file ho sakta hai. Abhi nahin.

Aapki salary ke hisaab se maintenance deni hogi.

Agar woh job nahin karti to kharcha dena padega.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. You may lose your job only if you are arrested and detained for 48 hours. So as soon as FIR gets filed against you, you should apply for anticipatory bail.

2. During subsistence of marriage a wife has the right to reside in her matrimonial home. Under DV Act, 2005 she can seek right to residence in the shared household of her husband.

3. Recordings can be used by you to prove your case in the court.

4. You cannot get the case transferred to your place if she files it in her jurisdiction.

5. You will not get any automatic divorce if 498A and DV cases are decided in your favour.

6. Maintenance depends on your salary, liabilities and lifestyle led by your wife.

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. apke district mein case transfer hone ke chances bahut kam hain, lagbhag na ke barabar,

2. agar Dowry or DV case apke favour mein hota hai to crulety aur jhuthe allegations ke aadhar par talaak ka case jeeta ja sakta hai,

3. maintenance ka amount kafi sare factors par depend karta hai jaise ki pati/patni donon ki earning capacity, properties, responsibilities, education, patni dwara ghar chhodne ka karan, 

isliye maintenance ke baare mein poori jankari hone par hi koi amount bataya ja sakta hai 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Respected sir...

  1. Asa nhi hota jese aap bol rhye ho settled law h sir jurisdiction k uper kha kha se case file ho skta h...
  2. Hanji sir vo apke divorce case me helpful honge...
  3. Sir apko usko Apne salary ka fourth share Dena hoga ....but usko km Kiya ja skte h ...

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

If you are put in jail for more than two days and you are convicted you may lose job, if you prove to court that the case is false you can get back the job.

No, court cannot force you to stay with your wife against your wish.

Yes, very much, the recordings you have will support your case, but do not tamper with them.

No, if she files case in the city where she resides, it cannot be transferred to city / place where you reside. 

Only ladies have that option.  Under exceptional circumstances if you prove to the court and upon convincing the court, the court may transfer the case to your place (in your case it is not possible).

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

In reply to second post:

1) No, you cannot insist for the same.  She can file the case at the place where she resides at the time of filing case.

2) Dowry & DV cases are two independent cases which have no bearing on Divorce.

3) It depends on social status of parties, educational background, income etc.  If she is qualified and can earn and support herself, the quantum of maintenance can come down proportionately. 

However, you need to prove her capacity to earn and how much earns etc., by taking into consideration above points, the quantum of maintenance will be decided.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Dear Client,

You can file Divorce Petition and even Mutual Petition for Divorce before completion of one year of the marriage. 

You may live separately till then. you may also file a petition under section 11 of Hindu Marriage Act for restitution of Conjugal rights.

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

1. Supreme Court has held that wife can file a case even where she is residing. It has set aside the order of High Court which had opined that in the absence of cause of action at that place, wife could not have invoked the jurisdiction of the court.

- Iske matlab hai , wife jahan rah rahi hai , waha se case dal sakti hai , 

2. Han , 

3. As per law, A well qualified wife, who is having the earning capability & capacity, but desirous of remaining idle, is not entitled to claim any maintenance from her husband. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

It is better to write in English so that all the Experts can understand it properly.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. Agar apke khilaaf FIR hoti h or apko jail me rehna pdta h 48 hrs se jyada to aap suspend ho skte ho job se. 

2. Haan bhej skti h court apke Ghr. 

3. Haan apke kaam aa skti h recordings agar wo log apke upar dahej kaa jhuta case krte h to. 

4. Aap apne district me case transfer nhi krwa skte pr wo apke case ko apne district me transfer krwa skti h. 

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer