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.
Quick questions:
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 7 years ago in Family Law
Religion: Hindu