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UNAL.
Once a marriage is done, unless you prove impotence of the guy, it cannot be annulled. The fact that your friend married knowingly that the family wonāt accept her is on her. Her husband should defend her or at least live away, but it is what it is.
The best solution at this point is to go for a mutual divorce.
Do not listen to these people saying abuse the law. Hereās what will happen if you abuse the law.
Girl will file fake cases. She will get some alimony (if she is not better off than the guy). But in the process she will tarnish her own reputation and the guysā family reputation. The case will drag on for several years. And they will be divorced. The guy will find another girl to marry because he will play the girl is ābad personā card and use the litigation as proof. The girl- no one will marry her unless they are very familiar with the situation. So yes- the girl will get money, but her life is wasted at that point. The guy can contest the alimony amount and evade paying it forever or claim bankruptcy- at which point – the girl will suffer.
My suggestion- talk with the guy, take whatever compensation heās offering (marriage expenses are fair ask + gifts given to the guy) and move on. Keep it simple and forget about revenge. Get married. Have a kid. Be happy. Thatās the best you can do really.
UWhy do you not want divorce? You may get alimony. And Your child will get maintenance. Just trying to understand your logic.UNALI believe Supreme Court guidelines said after divorce wife gets about 20-30% of husbands net worth. So self acquired property, you pay about 20% and these are for longer marriages generally.
If itās ancestral property, she will not have a share, but any earnings from it maybe allotted. If they have a child, then a share may be allotted.
If itās a property both acquired, then itās split that way.
UNALShe owns her body. Itās her choice. She will own the embryo. If you let her have a baby and then get divorce, you will owe her both alimony and child support.
Why would you want a baby with someone who you are divorcing? Sometimes I donāt get people.
UAncestral means property your grand father has that was passed down to your father. Thereās rules like it has to be for 4 generations within the family, and it should not be partitionedā¦etc.Once partitioned, ancestral property becomes self acquired. Unless youāre the only child, courts wonāt attach parents self acquired property. If youāre only child, all bets are off.
UIf there is even a remote doubt, you will be extradited except from the countries you mentioned. Most of the NRIs live in English speaking counties which will extradite you. Itās a moot point to murder someone. It is hard earned, and you will lose 1-2 years, but thatās not a reason to murder someone. Life is short.ULet me be very specific.
While most countries donāt extradite you for 498a since itās a gender specific crime, almost all countries will extradite you for murder. So what good is a foreign passport gonna do if you are suspected of murder?UIf you know some hitmen, post their contacts. Iām sure all the desperate husbands will make them rich. šUMen cannot do anything to protect themselves unfortunately.People saying leave the country and get a different passport, the wife will file crpc 125. If you donāt pay, your assets in India will be attached. If you donāt have assets, your ancestral properties may be attached. So if you have 0 ties to India, that will work.
You can do all the research you want to do, but no one knows when the woman can flip a switch and mess your familyās life. Itās high time that govt change the laws. At least make crpc not eligible for educated women especially for short marriages. And put time restrictions on 498a. But govt wonāt do a thing. Quicker solution would be no fault divorce, and a set formula for alimony. It will deal with 90% of fake cases.
U1. Your lawyer will guide you on PPP and expenses. If interim maintenance is granted and you donāt pay, she will need to get an enforcement order. If you donāt comply, there will be an arrest warrant issued. If you donāt comply even after that, your ancestral properties maybe attached. Note: parents self acquired cannot be attached.
2. Yes you can request IT returns for last 3 years.
3. Well, if chargesheet was already filed, you can go for trial and at the same time request discharge of chargesheet at the high court. Ask your lawyer on how to proceed. Generally speaking, you get a stay for the trial in trial court and file for discharge of chargesheet in high court.
4. Dont worry about the compensation. They will ask $10 billion. You wonāt end up paying that much. Itās intended to create pressure. Maintenance under crpc 125 and DV are the same.U1. If there is no significant difference in pays, then yes. If there is significant difference, you will be asked to pay something.
2. Ask for her pan number. Get IT returns in India. If youāre abroad, hire a pi. Get pictures/video. That should help.
3. Generally FIR is not quashed unless thereās no prima facie. They will wait for chargesheet. Work with the police. Get as many names off chargesheet. Then go for quashing/ discharge of chargesheet.
4. Dv cases run 2-4 years generally. There will be a trial. If end of the trial thereās no proof, you donāt have to pay unless as stated in 1. 1 and 4 are essentially same.
5. Give Poa to someone in India. As long as youāre abroad you have upper hand. Once you go to India, she will bribe police and pressurize you to her demands. You only have to go to 498a hearings since itās criminal. Some courts allow video conferencing as well. Look at your court guidelines.NAL. Work with a lawyer.
UNALTo divorce you need to prove one of the legal grounds- cruelty/ abandon/ adulteryā¦etc. if you can prove, you can file.
Generally speaking if she files those cases, until those cases are dismissed your lawyer wonāt advise filing for divorce because she can file for maintenance under 3 or 4 different acts. I think there was a recent court ruling that multiple maintenances can not be filed. Your lawyer will take the strategy of prove false cases. Then file for divorce based on those.
Work with a lawyer.
