related to divorce and dowry case

kindly file restitution of conjugal right petition for save your marriage. as per divorce provision under hindu marriage Act you need to wait for 1 year completion for marriage for filing divorce petition. after 1 years of your marriage file petition of mutual consent divorce and mention in petition about the money or alimony as a settlement amount.

Hello
If you want to save your marriage then you file a case for restitution of conjugal right it may be possibly that your wife also wants to give one chance for your marriage.

You cannot file a MCD as your marriage is a very recent. MCD can only be presented to the Court by both the parties on the ground that you both have been living separately for a period of one year or more, that you both have not been able to live
together and have mutually agreed that the marriage should be dissolved. This validity of period of one year applies for a contested divorce as well unless you're successful in taking the leaving from the court to present such petition on the ground exceptional hardship.

In this situation even if you file a petition for RCR the chance of her coming back is minimal. Beside it might make matter worse as her father has no desire to that his daughter continue with this marriage. All his concern is about his INR 10 Lakhs. Tell him clearly if he lodge a complaint against you for dowry, the rule applies on him as well. Both the giver and the receiver are guilty and punishable under the law. (section 3 of Dowry Prohibition Act). Another possibility is that she might file a criminal proceeding under section 498A IPC and a petition under Protection of Women from Domestic Violence Act.

Now coming to your situation, it is wise to speak with her and her father and draft a deed of settlement/MOU and put the terms that no criminal proceeding will be initiated against each other and you will pay INR 10 Lakhs in installment and that both the parties will file a mutual divorce petition after a year of separation and no further claim shall be made by her or her father.

I hope this works out in your favour.

dear client if u both file mutual divorce and in mutual divorce if it is mentioned that all claims against each other settled then they will not put any case against u. for any legal help call me

Adv prasad patil

pune

Yes once they are ready for mutual consent divorce they can't put any other cases against you.

Go for mutual divorce and mention in petition about the money as a settlement amount, dont give money out of court at all and yes you have to wait for 1 year for filing divorce petition in the court.

Dont give money out of court. If they are asking for divorce and you are ready to give than you both cam go for mutual divorce. There you can settle all your terms and conditions including amount. But mutual divorce could only be filed after 1 year of separation