I am one of the victim of indian laws tilted towards women. I had bad married life and some how by god grace it seem moving towards mutual divorce. she left home after 2 month of marriege and now not even in contact ( phone, email nothing for more than year now) it's been 1.7 years to my marriege. all family drama and fight been happened but being a guy and laws not favouring i had to keep quite to avoid 498A and save myself and family from punishment with no reason.
She asking for sum of 5 lakh to go for mutual divorce is it wise to throw this money and buy peace. how much time does it take to have decree after filing divorce petition ( mutual divorce). i really dont want to shed my hard earned money for as she destryed my life and have to bear so much because of this. why should i waste my money for someone who never been part of my life and just used me. kindly reply
2007-06-19 07:33:37 · 5 answers · asked by sammeer j 1 in Family & Relationships ➔ Marriage & Divorce
If I were in your place I would not have asked this question here rather I would had given Rs5 lahks to her & gone for taking bath in Ganges. The Ghost of sec498A Indian Penal Code is troubling every Indian Husband which is being further aggravated by the Protection of Women From Domestic Violence Act, 2005. Its not that these provisions of law can be used by any wife on flimsy grounds rather their misuse has been taken very seriously by the courts, specially the Supreme Court in its recent judgments had held any misuse of these provisions, filling of false complaint under these provisions amount to cruelty on part of the wife & that itself will be considered a valid ground for granting decree of divorce to the aggrieved husband. The real question is that whenever such provisions are used by the wife whether she is real victim of these offences or not, the very fact the husband has to mark his presence in the court each time the case comes up for hearing, not only he but his other family members too get involved in these criminal cases. The very first thing is getting bail for the offence complaint U/S 498A IPC as it happens to be a cognisable,non-bailable offence the husband & other family members involved in such criminal complaint have to get bail otherwise they get free accommodation to stay in the Jail of the district where the case has been filled. As far time these matter take to be decided there may be time duration provided in the Criminal Procedure Code.1973 but in actual practice it can vary from 2 years to 15 years, now this is no joke if any one say 15 years that's impossible. Well my very close friend had been involved in such case along with his other family member & it took 15 years for his case to be decided in the lower court itself, God knows how much more time the appeals will take. This fellow had to go every month to Sagar in MP from Delhi to attend the case, just imagine the traveling & other expenditure that incurred on him. Now coming to your case you asked how much time the divorce by mutual consent takes anything between not less then 6 months to 8 months if every thing goes fine from both ends. If she has agreed for it tells her to move a joint petition for the divorce by mutual consent U/S13-B of the Hindu Marriage Act, 1955 now itself pay her Rs2.5 lakhs now & when the date is fixed after statutory period of conciliation of 6 months for final order pay her rest of Rs2.5 lakhs. After getting the final divorce order & collecting the decree of divorce visit Haridwar for bath in Ganges. I doubt very much if she will agree for any amount less then this my own brother in law paid Rs 3 lakhs five years back for such compromise now the rates for such compromise have gone up, only recently I got a mail from one guy like you he was asked Rs 7 lakhs for this deal. He is ready for Rs 3 lakhs only I told him to offer Rs 4 lakhs as full & final but the other party is not ready for this rate too they insist for Rs 7 lakhs. Who say only marriage is a trade because of dowry even divorce is a trade because of the Alimony. According to me Rs 5 lakhs is not a bad deal go for it before they increase their rates.
2007-06-19 18:10:47 · answer #1 · answered by vijay m Indian Lawyer 7 · 0⤊ 0⤋
Welcome to the ship!
Yes 498A is scary but prolonging your quest for liberation would be deadlier. Your wife for sure is not entitled to the alimony but 5 lakhs is not a bad price.
Be a man and think how you can earn that amount ASAP.
My wife also left me 6 months after our marriage after dating for 4 years. Haven't started the proceedings though.
But from what i know, it takes 6 to 18 months for the entire divorce proceedings to conclude if filed under mutual consent. Seek a lawyer's help. You probably would have to pay much lesser that what she has asked for unjustly.
Best wishes!
2007-06-19 14:47:36 · answer #2 · answered by bebe 3 · 0⤊ 0⤋
Your case is very pathetic as she was with you just months after marrying you and now she demands Rs. 5 lakhs.
I agree with your query 'Why should I lose my hard earned money for someone(your wife for hardly 2 months) who destroyed your life."
You can fightt the case till the end and see to that you neither end up in prison norv make huge payments.
You can spend for the lawyer and teach her a lesson.
Wish you good luck to win your case but take care to appoint a good lawyer to handle your case.
2007-06-20 14:43:20 · answer #3 · answered by NQS 5 · 0⤊ 0⤋
Mine along with her family has already taken 30lacks and now wants more!! - go to www.saveindianfamily.org & www.498.org and get in touch with the nearest helpline, you will get a lot of help!!
It is a global NGO which would be of a lot of help to people like you and me!!
2007-06-20 05:19:41 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You didnot mention, if you have a family law attorney???
If not, please hire one and seek a legal advice.
Things seem easy...... may not be as easy as you think.
Good Luck.
2007-06-21 19:47:15 · answer #5 · answered by feysunny 4 · 0⤊ 0⤋