quesIf i get my wife to sign paper saying i never asked for dowry.Helpful?

I have been married for 1year and 4 months. Me and my family never made any demand for dowry or anything. i want to know if i file for divorce what all consequences will i face? If i get my wife to sign a paper stating that i never asked for dowry nor ever hit her will it be of any help?

  • ansIf your wife and you both have issues which cannot be resolved amicably, then we suggest that you should file a Mutual consent divorce petition under Section 13 B of Hindu Marriage Act( assuming you are a Hindu).

    Before filing this petition you will have to execute a MOU wherein terms of divorce have to be discussed such as maintenance etc.

    In case she does not agree then you can file divorce under Section 13(1) on ground of cruelty. Your wife can file application of maintenance under Section 125 crpc or Domestic Violence Act   wherein she can demand interim maintenance.  

    If you are not willing to give divorce then you can get an family settlement agreement, wherein you should clearly specify the list of items given during your marriage and also specify no dowry was demanded. 

  • ansWhen you will file for divorce, your wife can file application seeking interim maintenance. The divorce petition shall be stalled till the application seeking maintenance shall be decided.

    A complaint under Domestic Violence Act is another remedy that your wife has.

    Advocate Ashima Puri

      Saket District Court, Delhi

  • ansDear querist, consequences of divorce petition predictably could be cross cases against you in the worst case scenario under domestic violence, 498A IPC, 125 crpc application for maintenance and application for interim maintenance in divorce petition. I am mentioning these cases ONLY because from your query I could perceive you are prempting a dowry case against you. A random note on a piece of paper can be easily disputed in the court. She could say you forced her to write it, in any case in a normal circumstance why would anyone write about demand of dowry and not being beaten up on a paper. If you are planning to take some action, be advised by a lawyer before hand so that he/she could understand the entire facts and advise you appropriately.

    Advocate Shikha Pandey

      Greater Kailash-1, Delhi

  • ansIf your wife and you both have issues which cannot be resolved amicably, then we suggest that you should file a Mutual consent divorce petition under Section 13 B of Hindu Marriage Act( assuming you are a Hindu). Before filing this petition you will have to execute a MOU wherein terms of divorce have to be discussed such as maintenance etc.
    In case she does not agree then you can file divorce under Section 13(1) on ground of cruelty. Your wife can file application of maintenance under Section 125 crpc or Domestic Violence Act wherein she can demand interim maintenance.
    If you are not willing to give divorce then you can get an family settlement agreement, wherein you should clearly specify the list of items given during your marriage and also specify no dowry was demanded.

    Advocate Sudershani Ray

      Kailash Hills, Delhi

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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