Sister Gets arrested. NRI fleeced 40 Lakhs for a marriage that lasted just a week.


March 07, 2007 16:22 IST

A non-resident Indian doctor has agreed to pay Rs 40 lakh as alimony to his wife, from whom he had separated just a week after marriage six years ago.

Dipak Sharma of New Hampshire in the US has paid Rs 30 lakh to his wife Vinita for withdrawing criminal charges she brought against him and his sister and will pay another Rs 10 lakh as a divorce settlement.

Sharma, a paediatrician, was married to Vinita from the New Alipore area in Kolkata in 2001 but relations between them soured within a week following serious differences.

He left for the US just eight days after the wedding and allegedly took with him Rs 10 lakh in valuables.

After attempts at a patch-up failed, Vinita filed a police complaint in 2004 under Section 498A (dowry-related torture) of the Indian Penal Code against Sharma and his sister Sunita, who had arranged the marriage.

Learning about this, Sharma gave power of attorney to Sunita, who filed a divorce suit in a court in Delhi.

The West Bengal Women's Commission, which was approached by Vinita, moved the Delhi court and had the case transferred to Kolkata.

The West Bengal Police arrested Sunita from her residence on January 25 on the basis of a police complaint.

Following her arrest, Sharma rushed back to India and negotiated a settlement with Vinita.

After getting a bankers' cheque for Rs 30 lakh on Tuesday, Vinita approached Justice S K Gupta of Calcutta High Court through the Commission's lawyer Bharati Mutsuddi to quash the case against Sharma in a court in Alipore.

http://in.rediff.com/news/2007/mar/07alimony.htm

Sister Gets arrested. NRI fleeced 40 Lakhs for a marriage that lasted just a week.


March 07, 2007 16:22 IST

A non-resident Indian doctor has agreed to pay Rs 40 lakh as alimony to his wife, from whom he had separated just a week after marriage six years ago.

Dipak Sharma of New Hampshire in the US has paid Rs 30 lakh to his wife Vinita for withdrawing criminal charges she brought against him and his sister and will pay another Rs 10 lakh as a divorce settlement.

Sharma, a paediatrician, was married to Vinita from the New Alipore area in Kolkata in 2001 but relations between them soured within a week following serious differences.

He left for the US just eight days after the wedding and allegedly took with him Rs 10 lakh in valuables.

After attempts at a patch-up failed, Vinita filed a police complaint in 2004 under Section 498A (dowry-related torture) of the Indian Penal Code against Sharma and his sister Sunita, who had arranged the marriage.

Learning about this, Sharma gave power of attorney to Sunita, who filed a divorce suit in a court in Delhi.

The West Bengal Women's Commission, which was approached by Vinita, moved the Delhi court and had the case transferred to Kolkata.

The West Bengal Police arrested Sunita from her residence on January 25 on the basis of a police complaint.

Following her arrest, Sharma rushed back to India and negotiated a settlement with Vinita.

After getting a bankers' cheque for Rs 30 lakh on Tuesday, Vinita approached Justice S K Gupta of Calcutta High Court through the Commission's lawyer Bharati Mutsuddi to quash the case against Sharma in a court in Alipore.

http://in.rediff.com/news/2007/mar/07alimony.htm

More on the mediation process ...

Dear Brother

On my date of RCR on ___ / __, opposite party
started demanding reconcilliation in mediation
cell although the case was at the stage of
"petitioners wittnesses".

This is pure delay tactics and should be pointed out to the judge. Most probably the judge told you that you are being referred to mediation and not know what that meant, you accepted to the process. Well past is past. So now please read further ...

I just want to know, what type of report in
the end 'mediation cell' could give out. Does
this report reveal who is at fault or some
other true facts (except those written in the
petition and reply to petitions)?


Every party going for mediation is entitled to know about the mediation proceess AT OR BEFORE the start of mediation

Advocates are NOT permitted into the Mediation center IF PARTIES object. for e.g. if you object, both advocates have to wait outside. So use that facility IF you are very sure of the law and are more confident than your wife.

At the beginning of the mediation please ask the following questions VERY POLITELY, TO THE MEDIATORS

1. What is the evidenciary value of mediation ? [we know the answer, but still ask]

2. Can the proceedings in mediations, facts that have come out in Mediation be used in the case [we know the answer, but still ask]

3. If at the end of the mediation, if both parties do NOT COME to an agreement [ please note I am NOT saying both parties should start living together...] I am just saying both parties do NOT come to an agreement, what happens ? ask this question as well, though we know the answer

The idea here is to set the scene and clear the ground and make the mediator aware that you are aware thru his statements

Do NOT act like a lawyer. Act like a loving husband, ... A dutyfull son, an honest citizen etc etc etc ...but do NOT give in to blackmail


Now let me answer your questions
==================================================

ref here for more on mediation process

http://evinayak.rediffiland.com/scripts/xanadu_diary_view.php?postId=1180330765
or
http://tinyurl.com/22245j

Mediation can be one sitting or multiple sittings. Many times it is more than one sitting.

If the mediation failed the mediators are supposed to refer the case back to court !!! that's all. BUT PLEASE READ THIS WHOLE NOTE AND POST QUESTIONS IF ANY before you jump into a mediation

If i _indirectly_ say in the mediation cell
that there are no chances of further
reconcilliation, will it be negative for my
case.

again !!!!!! please note MEDIATION IS NOT RECONCILIATION.

COUNSELLING IS AIMED AT RECONCILIATION - i.e. living together blah blah

MEDIATION IS AIMED AT SETTLEMENT. Settlement may be that both of you break away - AS WELL !!!!. This is a subtle difference NOT told to you even by many lawyers.

In addition to above : Some important thing(s) to remember in mediation

- DO NOT RELEASE all your trump cards. Proceedings in mediation are NOT of evidentiary value later. So do NOT release your trump cards.

- Observe the opponent

- Take time to expose the oppponents lies

- for e.g. a cruel wife, a wife who tried suicide and tried to frame the hubby, may come to mediation and fall at the hubby's feet and seek marital life from that date. Politely remind the mediators the terror you went thru when she gave you the suicide threats...

- seek proof where necessary. For e.g. if wife says you are earining a million, seek proof

- when wife counters stating "..what are you earning then .." , counter her politely that you are NOT ready to discuss that as she is NO longer living with you as a LOVING wife...but she is an opponent in a legal case !!

- YOU DO NOT HAVE TO ACCEPT / AGREE TO A SETTLEMENT in one go. Do NOT do that mistake. As an NRI I was hoodwinked on that aspect

and so on ......

I just want to know, what type of report in
the end 'mediation cell' could give out.
[.......]
My lawyer says there is nothing to worry here
just pass time, the final report of the
mediation cell will be either "Mediation
successfull" or "Mediation Failed".

That is right (mostly I'd say),

An addendum : If mediation succeeded, terms of compromise may also be drafted and signed between parties

case. My oppsite party is behaving very polite
and humble in mediation cell and demanding that
other members of my family should also be
called in the mediation cell.


as long as other members of your family are NOT parties to your case they need not attend mediation

More parties, more the mess. Try and limit the crowd. Do NOT make it a Saas Bahu (MIL / DIL ) TV serial.

Read ....read... read... the archives here and blogs. Arm yourself with legal points and approach the case with great mental strength


regards, vinayak

My post above is Subject to
----------------------------
1. My idea of *self help* which is very essential : http://tinyurl.com/pxcfz
2. Standard disclaimers as in http://tinyurl.com/947u9
3. A short preamble : http://tinyurl.com/hatew




Hello Everybody,

On my date of RCR on ___ / __, opposite party
started demanding reconcilliation in mediation
cell although the case was at the stage of
"petitioners wittnesses".

After initial talks with me & her the judge
refferred our case to mediation cell on 28th
may and the judge at the mediation center tried
to reconcile.

I just want to know, what type of report in
the end 'mediation cell' could give out. Does
this report reveal who is at fault or some
other true facts (except those written in the
petition and reply to petitions)?

My lawyer says there is nothing to worry here
just pass time, the final report of the
mediation cell will be either "Mediation
successfull" or "Mediation Failed".

If i _indirectly_ say in the mediation cell
that there are no chances of further
reconcilliation, will it be negative for my
case. My oppsite party is behaving very polite
and humble in mediation cell and demanding that
other members of my family should also be
called in the mediation cell.

Anybody having experience of mediation cell
please give ur inputs. People having experience
at mediation center at Delhi please give
me ur contact numbers, i would just like to
discuss my case with u.


Harassed hubby

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