Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
Search On:Laws in IndiaLawyers Search

To Appeal before CIC - Central Information Commission
For Filing and Hearing contact: Choudhury's law Office
Ph no: 9873628941

Author Topic: Can I file a Divorce  (Read 410 times)

0 Members and 1 Guest are viewing this topic.

Offline sudev

  • Newlaw
  • *
  • Posts: 6
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Can I file a Divorce
« on: September 20, 2016, 09:08:48 AM »
hi,
My wife had left me just after 40days of marriage. My wife had left from my residence suddenly without informing anyone and we had also filed a missing complaint at that time and the local police also had called her brother to get back still she did not return. Even after attempts asking her to come back she has not returned and staying with her family. Now its already 1yr 5 months to marriage and 1 yr 3 months staying separately. Now she has given a written complaint in police station and i was called for counseling in the police station. They are asking to make a one time settlement of 40lakhs to which i denied.
Can i file a Divorce at this stage as no FIR of DV or DH has yet been filed?
If i file a divorce would i need to pay a heavy maintenance or one time settlement like 10-30 lakhs as threatened to me by police?
Also we have bared all the expenses of marriage and have not taken any dowry during marriage, would we still be penalized for Dowry harassment?

Please advice!

Offline advjaibansal

  • Veteran at Law
  • *****
  • Posts: 510
  • Karma: +14/-11
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Can I file a Divorce
« Reply #1 on: September 20, 2016, 06:18:15 PM »
Dear Sir,

You may file for divorce now as there is no bar that there has to be a DV or 498a case pending against you for filing divorce.

You may not be made liable to pay any other amount, except monthly maintenance to your wife if she files any maintenance and not working.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline sudev

  • Newlaw
  • *
  • Posts: 6
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Can I file a Divorce
« Reply #2 on: November 11, 2016, 10:10:06 AM »
Sir
I had filed a divorce against my wife a month ago. My wife now has filed a 498a and domestic violence case against me and my family members.
Can she claim residential right even after me filing a divorce case against her?
She has threatened of killing my family an

Offline sudev

  • Newlaw
  • *
  • Posts: 6
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Can I file a Divorce
« Reply #3 on: November 11, 2016, 10:13:51 AM »
Sir
I had filed a divorce against my wife a month ago. My wife now has filed a 498a and domestic violence case against me and my family members.
Can she claim residential right even after me filing a divorce case against her?
We have recordings of her threatening of killing my family and also committing suicide once she comes to my home. This is the reason I dont want to get her home back.
Can the court still give her residential rights even after threatening like above?
Pl guide
Regards
Sudev

Offline adv.amarnath

  • Veteran at Law
  • *****
  • Posts: 1227
  • Karma: +52/-7
  • Advocate Amarnath Sanyal from Kolkata, West Bengal
    • View Profile
Re: Can I file a Divorce
« Reply #4 on: November 11, 2016, 10:50:42 PM »
If 498A has been lodged against you then you have to take bail. DV and 498A cannot run simultaneously.

If i file a divorce would i need to pay a heavy maintenance or one time settlement like 10-30 lakhs as threatened to me by police?
Ans: No one can force you to pay lump sum amount to your wife as permanent alimony. If police asked you then it is highly illegal.

Also we have bared all the expenses of marriage and have not taken any dowry during marriage, would we still be penalized for Dowry harassment?
Ans: If any such case has been filed then due to lack of evidence it will be dropped.

Ask your lawyer to fight all case diligently then court will not pass such order for her residence in your house.


You can contact me for further clarification and consultation in details
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

File a Consumer Complaint
Property verification
Call: 9873628941
 

Lawyers in India - Listed city wise Mumbai
Bangalore
Pune
Pondicherry
Jaipur
lawyers in London
lawyers in Birmingham
Chennai
Allahabad
Ahmedabad
Jodhpur
Indore
lawyers in Toronto
lawyers in Sydney

Cochin
Lucknow
Ranchi
Thane
Janjgir
lawyers in Milan
Johannesburg

Delhi - New Delhi
Chandigarh
Surat
Nashik
lawyers in New York
los Angeles
Kolkata
Hyderabad
Rajkot
Nagpur
lawyers in Dhaka
lawyers in Dubai

Copyright Registration

Ph no: 9891244487

For Mutual consent Divorce in Delhi - Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service India.com is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2016
Get Free legal Advice here from top notch lawyers in India