Legal Question in Family Law in India
Evidence
I have some audio recordings and also email chats between us suggesting that my wife wants divorce even though she has now become very careful not to utter that word anymore but is still haunting me on one or other way.
It is more than a year since our marriage as per Hindu customs and we both are Hindus.
Is the above evidence sufficient to prove her cruelty and obtain a divorce and also it would be great if you could pls let me know approximately what divorce amount they will demand.
My wife is also working and drawing almost b/w 20 to 30 K per month.
If she files a false police complaint alleging harrassment, what is the remedy that I can take to prevent arrest. If arrested, will the police allow me to call my lawyer. Also, what is the max days in custody that the police can keep and what is the police station jurisdiction that she can file complaint. I am assuming that to file complaint, she has to file within the jurisdiction where I am residing.
Pls reply
2 Answers from Attorneys
Re: Evidence
(a) If arrested, you will be allowed contact with your lawyer;
(b) The maximum period the police may retain you without producing before a Magistrate is 24 hours;
(c) The Magistrate may send you to "judicial custody" / jail. The police may also seek your custody known as 'police remand' for fifteen days.
(d) There are chances of getting regular bail after you have about a month in jail.
(e) She may file a complaint at any of the places of her choice - her place of residence or your place of residence; or where the marriage took place;
(f) The audio recordings that you claim, may prove counter-productive; she may always plead and try to establish that she talked of divorce out of 'reaction' or frustration; becasue she was fed up with your 'cruelty' and 'domestic violence'.
Advice : Try to reach an out of court amicable settlement on whatever terms possible. The litigation will be expensive, time consuing, trouble some and with uncertain results.
Re: Evidence
HELLO
GOOD AFTERNOON!
1. The time taken by the Police Authorities without producing before a Magistrate is 24 hrs.
2. If in case you get arrested you are allowed to contact your Lawyer.
3. The police can ask for remand for 10-15 days.
4. There are chances that you may face a Judicial Custody.
5. As far the jurisdiction of your wife is concerned she may file a complaint at the place of her residence of at your place of residence or at the place of marriage either one of them.
In case of need please contact personally alongwith the details.
OR
FOR FURTHER QUERY PLEASE MAIL.
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