related to divorce and dowry case

5 years ago

Hi
i have got married in feb 2018 in uttar pradesh , wife also belongs to U.P.
before marriage my father in law deposited 10 lakh in my account as marriage expense after marriage i did not demand for 1 single rupee , my wife came to bangalore in april as i am working here . after that she started fighting with me on very small small issue and one day her father came to my flat in june 2018 and took her daughter . presently she is staying in her native Fatehgarh till date and now he is asking for amount settlement and told me that he is decided to divorce even though i tried to save this relationship now please let me know shall i give the amount he is asking out side of court or how to proceed further ? and what is the guarantee after divorce he will not file any case against me ?

Previous Question

Next Question

Deepak Yashwantrao Bade

Responded 5 years ago

A.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.

Helpful

Sushama

Responded 5 years ago

A.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.

Helpful

ROBERT D ROZARIO

Responded 5 years ago

A.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.

Helpful

prasad

Responded 5 years ago

A.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

Helpful

Bharat Pawar

Responded 5 years ago

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

Helpful

Ashish K Dongre

Responded 5 years ago

A.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.

Helpful

Mohd Imran

Responded 5 years ago

A.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

Helpful

Anonymous

Replied 5 years ago

Hi Imran ,
Thanks for your advice so now what will be the procedure to make settlement in court and it is sure after divorce they will not file any false case against me i.e. DV , Dowry , CRPC 125 and all and can they file divorce before 1 yr of marriage with mutual agreement ?

Bharat Pawar

Replied 5 years ago

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

Read Related Answers

Divorce planning due to extramarital affair

Dear Client, Yes, you can go without her. Actually it depends how quickly you would like to finish the case. There is no set standard rules with regard to number of times. But it can be solved otherwi...

Divorce

Dear madam, File maintenance case and domestic violence case. If necessary file 498 A CRPC case

Need Advice ..

U should file RCR petition. And send legal notice through lawyer

How to file a divorce petition?

Yes you can file a divorce petition and you will have to have a reason for filing the case. You can site mental cruelty as one of the reasons.

Domestic voilence

Dear Sir Just file series of cases against him

Read Blogs on Divorce and Separation

Misuse of Section 498 of IPC in the name of Woman Empowerment

TRIPLE TALAQ - Permanent Ban by Supreme Court

New ground of Divorce - Supreme Court

Divorce and Separation Lawyers

Type of Consultation	Fees
Phone Consultation	₹	Not Yet Updated
Meeting Consultation	₹	Not Yet Updated
Email Consultation	₹	Not Yet Updated
Video Conference	₹	Not Yet Updated
Request for quotation from the Lawyer.