Anticipating false DV & 489a?!? Am intending to file divorce.
Hello Dear Advocates,
I am a young 30 year old male just been married for last 4 months. I work in a metro however my home town is in some other state where my parent & parental homes are located. Marriage took place at this house only and at girls home; which is located at adjoining state. The house is in the name of my mother. As sequence of events after getting married in 4 months ago my lovely came to my parental home for 1.5 months and I returned back to metro meanwhile she started requesting me to allow her to go to her mom's house to catch up with her Doctoral course work exam. However before marriage she promised to live at my parental house for at least 6 month and then I would take her to my work town afterwards. Her parents promised before marriage that she will work also after marriage as she is highly educated, MA, Mphil, & Doctoral. I have her all the educational certificates except her PhD. But once she went to her mom's house she started blaming my father that he demanded money as false allegations and my mom who is so kind-hearted, is not a good women and that she can't go there. As time passed her blame got stronger, as I suspect the main intention of her is to single out me and control me subsequently and requested me to visit her & give her my metro address. This I refused suspecting her bad intention as she refused to return to back to my parental home.
1.) Her parents transferred some money to my dad's account before marriage to buy girl's jewellery and clothes as my father spoke inability to buy that much jewellery match-up of her father's status. What can be implications of this on cases like DV, maintenance or 498a?
2.) The money transfer of X lakhs from wife’s family been acknowledged by us for the purchase of jewellery and cloths and a part of X lakh been spent on her jewellery and clothes for which we have sale receipt. Then can she claim this total X lakh along with alimony during divorce. Or She can claim either X lakh or alimony or maintenance. Would the jewellery amount per sales receipt be counted while calculating the claim of X lakh?
3.) I have resigned from my job due to metal trauma and communicated to her while going back to my home town and asked her to also do a job only then we can live at metro as she is unwilling to return to my parental home. What if I am unemployed during false charges that can add up to maintenance? I also have the loan liability amounting to be 50% of my last salary. If maintenance agreed by court then would my loan EMI would also be taken into consideration and how?
4) Can my mother refuse to take her back as the house is in my mother's home?
5) When can I apply for divorce, on which grounds and how to encircle her that I can't live with her with high emotional understanding that is she is 100% not trust worthy? Also she is refusing to live with me at my parental town.
6) Anticipating, she may not give mutual consent for divorce, so If I file for divorce at my hometown, can she transfer the case to her parental town?
7.) While divorce proceedings, Can I ask her to leave job at her parental hometown (If she persuade this point in hearing) and join a job here at my parental city where I am residing as a strategy to counter her intention of living away from me and if she is unwilling then would that point be in my favour while I will be seeking divorce?
8.) During my divorce plea can I also score on the point of her unwillingness to not live with me along with my parents, while I am the only son and my parents badly needs me and I cannot leave them? Can court force me to leave my parents even if am unwilling and deny me divorce? Or instead I will get this in my favour if she could not prove my parents were bad and it was she who is home sick coupled with bad intention just to enjoy my salary, and cannot leave her mother that’s why she has chosen to live at her parental home?
9) If I contest the divorce and get it in my favour, can court order me to pay that X lakhs amount?, considering the fact that its I that faced expenditure due to bad marriage. What else?
My apology on this vast information and question and I would appreciate your time & patience.
Many thanks in advance!
Asked 6 months ago in Family Law from Faridabad, Haryana
1) if money had been transferred to your father account the contention of your wife would that on account of demands of dowry funds were transferred. hence she would file case under section 498A / DV against you and your family members
2)wife can claim X amount transferred with alimony during divorce
3)even if you are unemployed you have to pay wife maintenance
4)court considers your net income after taxes to determine maintenance. your loan EMI would not be taken into account
5) since house is in your mother name your wife has no rights on said house.
6)you should stay separate with your wife . inorder to safeguard your parents it is better you stay separate from your parents
7)you can apply for divorce only on expiry of one year of marriage on grounds of mental cruelty
8)refusal to stay with husband amounts to mental cruelty
9) if you file for contested divorce in your home town wife can move SC for transfer of case to her paternal home as both are located in different states
10) you can request wife to take a job in city wherein you are residing and leave her present job
11) court cannot force you to leave your parents as you are the only son and you have to take care of your aged parents
12)court can direct you to pay X amount as funds had been transferred in your family account at time of marriage
1. The transfer of money to your father's account before marriage is a sure recipe for disaster as it will be led in evidence to prove that it was paid towards dowry.
2. The Supreme Court has rules that a husband may have to beg or borrow but he has to pay maintenance to his wife. However, your liabilities such as home loan are to be factored in by the court before quantifying maintenance.
3. Your wife has no right to reside in her mother-in-law's house, so the latter can refuse to let her in.
4. You may apply for dissolution of marriage on the grounds of cruelty, which she can apply to transfer to her place.
5. The court will not force you to leave your parents but it may order you to provide alternate accommodation to your wife.
6. Maintenance can be granted even if the court grants you divorce.
As per ur concerns the replies are as under
1. Her dad or ur father in law can definitely raise issue for demand of dowry at the time of marriage and to prove they will show the same bank transaction. As of you have reciept of jewellery and clothes so it would not issue to worry about.
2. U have to return xlac jewellery or clothe worth the same amount or cash if any. If court find out the charges are true you have to pay maintenance otherwise if allegations are proved false beyond doubt maintenance will not be granted to her. At the time of divorce you also have to pay permanent alimony. The amount court will decide at its own discretion with undertaking all the burdens and liabilities of husband.
3.it is again to be decided by the court whether wife is liable to get maintenance. It doesnot matter u are jobless u have to pay maintenance regardless. Yes court will consider all your income and compute maintenance.
4.your mother cannot refuse her alone. She has to refuse u also. In that circumstances as the case may be, wether ur mom refuses or not, you have to pay her rent charges out of your pocket only and only if sufficient evidence rises that u have done cruelty and torture on her.
5. You can file divorce anytime after one year or immediately when she press some charges against you.
6. She can file transfer petition. My advise is ger transfer petition cannot be simply allowed.
7. To press her for job is itself a mental torture. Rather you can say she for harrassing you and your parents started givig interview on her hometown and has finally succeded. As rituals girl has to live with husband and his family and she is refusing by her ownself.
8. Only no
9.leave x lac u have to pay back as in cash or kind. In spite u also have to pay alimony. But there are some instances where aggrieved and poor husband can not be made liable to do so
1. If you have proper accounts for the amount her father transferred to our father then you can safely sail on this point protecting your interest against the dowry harassment.
2. You keep the receipts carefully. Let she come with the claim, he things can be decided then.
3. Maintenance will depend on the proof she provides about your income and your denials with proofs from your side.
5 You have no strong grounds for divorce and your marriage has not completed even one year, so you may have to wait for the completion of one year.
6. She can apply for transfer through supreme court since she belongs to another state.
8. Court will not force you to do anything which is against your interest and rights. The court will decide the case on the basis of the merits in it.