MyNation Foundation Forum » Advice » Divorce

help required for divorce/prepartion against false calses

(20 posts)
  • Started 5 years ago by pnegi777
  • Latest reply from Dr.Dsouza
  1. pnegi777
    Member

    Dear Sir

    I was married on 5 oct.2011. i am from delhi . the girl is from dehradun. it was an arraged marriage.

    Since then, she has left for her house on many occassions and taken great pleasure in bringing bad name and ill-reputation to our family.

    The girl and her family has all the bad quality one could imagine.she is three months pregnant while i write this, still, she left few days back again with all the jewellery including the one we gave to her and belongings.

    I fear adversity from their side .
    kindly advice me. from my end. My action plan is:

    1. i have drafted letters to national human right commission, to commissioner of police and to national commision for women on behalf of my mother, whom she tormented badly. the letters are send with the heading these are for the information purpose only and we donot want to expeditie things from our end.however, atleast we will have something to show as proof , incase they cook something against us.

    2. I am also planning to visit, if possible, the national comm. for women office in delhi and take my mother along with me to explain them the entire situation.

    3. kindly advice me, if i am right or wrong, and how to file a quick divorce also.As the sooner it ends, the better.

    4. i also have some voice recordings, some doctor's prescription and bills showing we took care of her, while she was sick ,
    5. We have an gut feeling that she is mentally sick as she has never shown any emotions to our good deeds. and admitted on occasions that she cannot control her behaviour.

    kindly advice

    Posted 5 years ago #
  2. Dr.Dsouza
    Member

    Letters will not work.
    go and complain to Police in writing that she run away with your gold and valuables. and also ask your mother to file NC about her harassment under DV, if you are sure she will file false case on you.
    this is just to show she left her own.

    send her lawyer notice and file RCR, dont go for divorce directly

    Posted 5 years ago #
  3. pnegi777
    Member

    thanks for the advice.

    i also met few lawyers, i came to know of following things:

    1. In response to my rcr and to further bring adversity on us, they will put 498 and other false cases in their home town, dehradun. for which we will be legally bind to run like cattles from delhi to dehradun. it will be a lot of harrasement, considering my parents are sick and i am surviving with a small pvt. job.
    2. she will get the emotional support of judicary when she will twist facts about her pregnancy( like her husband has thrown her out of house, while she is pregnant and so on)
    3. its been five days since she left with jewellery, the police will obviously not entertain us in filing the complaint.

    kindly advice what to do in such case,

    Posted 5 years ago #
  4. Dr.Dsouza
    Member

    Have you stayed in dehradun with her where the so called dowry demand happened ?
    if not then you can counter her 498a on jurisdiction grounds.

    Give Police in writting that she left you with your Gold and take thier stamp on the NC, if they dont send it by speed post to SP, cc to your local Police. and keep the proof of speed post. next day(after speed post reach them) go to Police station with RTI and ask for certified copy of that speed post letter to make sure that you told them about she run away with gold.

    Let see when she file 498a.

    Posted 5 years ago #
  5. pnegi777
    Member

    Dear Sir

    what action can i do from my end, if she files a false case in dehradun to harrass us by making us travel from all the way from delhi to dehradun on every hearing.

    Besides the fact that marriage did take place in dehradun, i have never stayed with her in dehradun.

    Can i do something to ensure that the case, in case if it is filed, gets transferred to delhi, where she stayed with us. Also she is pregnant, will that will give support to her false claims.

    Regards and thanks

    Posted 5 years ago #
  6. Dr.Dsouza
    Member

    As they did not filed any case so far then.
    write to their Police(SP) / your police about she left her own and if she taken anything from your house report that too.
    post these letters in speed post and keep a copy
    Send Lawyer notice
    file RCR
    also file Petition to save your child as she may abort
    even after this if she file false case in dehradun then you can counter it may ways.
    keep all proofs.
    find many judgments on jurisdictions here
    http://mynation.net/docs/415-2004/
    http://mynation.net/docs/18774-2005/
    http://mynation.net/docs/ajay-bhalla/
    http://mynation.net/docs/2768-2008/
    http://mynation.net/docs/431-2009/
    http://mynation.net/docs/1120-2006/
    http://mynation.net/docs/12670-2005/
    http://mynation.net/docs/5079-2006
    http://mynation.net/docs/1155-2010/

    there are thousands of judgments, just refer it and contact our local members they will guide you.

    Posted 5 years ago #
  7. pnegi777
    Member

    Thank you for your reply

    Is it good idea in long term scenario, to transfer some of my properties in my parents name, as there has not been any false accusations from their side till now.

    just to be on the safer side and not to let her put her hand on something which is not hard earned by her, In case she files for maintaince or from divorce perceptive.

    Thanks again

    Posted 5 years ago #
  8. Dr.Dsouza
    Member

    for maintenance court check your salary or the money you earn. they check your property only if you are not paying.
    if you have house then transfer it to parents name

    Posted 5 years ago #
  9. Adv.Kachave
    Blocked

    If your wife is not ready to stay with you, file divorce petition & get free from her.
    http://www.jaihindlegal.com 9821387099, 9224799546

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Mumbai-4000023
    Posted 5 years ago #
  10. pnegi777
    Member

    Dear Sir,

    The guide for prepartion against false 498A was quite helpful.

    Is there any guide for prepartion against False Dv cases. kindly refer to me in case, there is.

    Though I have met few lawyers, I am willing to talk to some more lawyers from delhi, who have fought against men right. Integrity and honesty would be highly appreciated. Can you please refer me some.

    I am not able to go for weekly meetings on saturday in delhi due to my job restrictions.

    Regards
    Pawan

    Posted 5 years ago #
  11. Dr.Dsouza
    Member

    498A or DV in both cases situation is same, Blackmailing and demands are same. so you have use same terms to 498a as well as DV.
    if you compare 498A and DV, DV is little complicated, in 498A, there are only 2 options, Dowry taker/dowry giver but in DV it varies and its difficult to give guidence by default as situation is different everyone case.

    unless you tell us actual scenario of the case.

    Posted 5 years ago #
  12. Adv.Kachave
    Blocked

    If there are no possibilities to settle the matter & both are willing to separate from each other, it will be better to move before the court for divorce, otherwise quarrel turns in to big dispute & destroy peaceful life.
    http://www.jaihindlegal.com 9821387099, 9224799546

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Mumbai-4000023
    Posted 5 years ago #

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