I am 34, an Indian male, married in December 2019 under Hindu Marriage Act. I am the only son of my parents (I have a sister, she is divorced and employed). I have had many issues with my wife since marriage. She had her own misgivings that my family mistreated her during marriage. We did a low key marriage & spent everything from our pockets. She threatened me with divorce almost on a weekly basis, abused me and my parents for frivolous things. She tried to control me financially and ensured that I exhausted my entire salary before she touched any of her salary (I earn about 1.3 lacs pm and she earns about 1.2 lacs pm) along with other idiotic issues. I have 50+ GB of audio, phone and video recordings of her and her family abusing and threatening me and my family. In Jan 2021 this year, I decided that I have had enough and walked out of the home in her parents presence (rented apartment in Bangalore belonging to her brother. Rent was paid to mother every month). Now she has sent me a legal notice, with fabricated claims and demanded a compensation of Rs. 50,00,000. On the advise of Kaanoon's expert, I have audio recording of her (of Jan 2021) accepting that I or my family did not demand any dowry till then. I have the following questions, 1. The notice is of 05th Oct 2021, dispatched from Siliguri on 8th Nov 2021 through Speed post which I received on 11th Nov 2021 and states that I should appear in the court on 07th Jan 2022 at 10:00 clock. The heading states "NOTICE - In the court of LD. ADDL. District Judge, (2nd) Court at Siliguri" followed by Ref:- Mat. Suit No.- 331/2021 followed by content. The dates are with red pen and the first page has unclear stamps of the court and addl. district & session judge 2nd court Siliguri, signed only on the first page. There are 10 more pages with no other stamp or signature. I doubt if it is authentic or just a tactic to scare me. Please advise. 2. She has claimed hundreds of insane things, may be that is the reason she did not signature. I believe she has the burden of proof. What should I do? 3. Who can fight in Siliguri? Will I have to hire a local lawyer to fight my case. I want to avoid these idiotic expenses, can I represent myself in case of an eventuality? 4. She has accused me of domestic violence which is a lie. I believe she will again have to prove it. 5. She has accused of giving a lot of cash (about Rs. 2000000) to me which is a plain lie. 6. I am willing to fight it out with her. What will be your suggestion. 7. A lawyer asked for Rupees 20k per hearing. I am not sure if it is the ideal rate. 8. She has claimed that she has left her job on 06th March and returned to Siliguri and hence the court has jurisdiction to try the present suit. 9. Any other suggestion
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Lawyers are available now to answer your questions.
1) engage a local lawyer in Siliguri
2) burden of proof is upon prosecution to prove allegations beyond reasonable doubt
3) better engage a lawyer
4) she has to prove payment of cash
5) legal fees vary depending upon lawyer engaged by you
6) you should contest false case filed by your wife
If you feel the same is false allegations go for quashing before HC
Lawyers fee are not standard and differs as per experience and standing in bar.
If you need any a LinkedIn. Consultation charges applicable. Thanks.
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.
- 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.
1. It is looking that she has file a maintenance or DV case against you , and if the said notice having seal of family court whose designation is equivalent to Add. District judge then it is authentic ,and on the date of hearing your presence is needed,
- Better engage a lawyer on your behalf.
2. You can file your reply of her compliant
3. Yes
4. Yes, she will have to prove the same in her evidence.
5. File your reply after mentioning that she has concocted a false story to harass you.
6. Read the compliant first
7. No, it is very high , talk with other
8. If she is educated lady then she cannot allowed to sit idle and to claim maintenance from her husband.
- As per Supreme Court ,
- Other side, 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.
You can contact me , if a detail suggestion needed in this regard.
1. Since the summons have been sent by the curt with the court stamp on the first page, there is no reason to suspect the authenticity of the summons what you have received.
You can consult an advocate in this regard and proceed if you still suspect.
2. It is a matter of trial, you cannot decide about it now itself, you may have to participate the in case proceedings, challenge the same during trial proceedings and get her allegations nullified.
3. You can very well appear as party in person provided you are aware of the legal procedures and other aspects of practice.
4. You can decide about it during trial proceedings.
5. & 6: You can handle that during trial proceedings.
7. There is no standard law for the lawyer fee, you can decide about choosing a lawyer accommodating the fee you may afford.
8. Since the court has taken the case on its file, it can be construed that the said court has jurisdiction to try this case.
