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Parth Chandra (none)     10 February 2010

49A, Dowry charges along with 125

Hi,

I got married in 2008, now after more than 3.5 years of marraige, I came to know that my wife was having affairs with 3 people before & after my engagement and she continued telephonic talks with them even after marraige. She only confessed this when asked strictly (without beating her).

I told her that I will tell this to your parents as I am not sure if you continued these relationships whenever you went to their home over these years. She told me not to do this but I told I would do it tommorow.

On the very next day morning she went to her uncles home without informing me with my 2.5 years old daughter who lives in my city (Mumbai) and made charges that I have beaten her and was asking for dowry (5000000 rs). Then she went to her parents home in A'bad and repeated the same discussion with them.

My in-laws along with her have filed a case against me, my brother & father both of whom lives in a different city. The charges are that we have physically and mentally torchure her (I was beating her after drinking alchohole), asked for dowry and tried to kill her.

Her parents are not willing to hear from me about her affairs now and have taken some photographs of her in their mobile which suggest she was manhandled and beating up in her back and face (I am not sure whether she did it to her self or her parents used some cosmetic things). My in-laws shows this mobile pics to my father when they came to my father's house...at that moment they left my daughter as well who is now with me in Mumbai along with my uncle & aunt (who have come just ot look after her).

I, my brother & father have just got bail and now my wife has filed for maintanance under 125.

I particularly wants my father to come out of this as he is above 60 and has diabities, blood pressure and liver problems. I am also a heart patient and have had two open heart surgery.

Please advice what should I do to get rid of all these.

 



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 4 Replies

Parth Chandra (none)     10 February 2010

One more thing...as I am maintaining my daughter since more than a month now (to whom my in-laws and wife left at my parents home) with the help of my uncle and aunt who have just come to help me in maintaing a 2.5 year old child....my questions are

1) Can my wife claim the baby under 125 which she has filed?

2) If not, Can she still get maintanance for her own without my baby?

3) What are my options to keep my daughter with me?

4) What should I do to avoid any maintanance to her.

Please note that my wife was working before marraige for about 6 plus years and she can maintain her - self if she wish to.

A sound and practicle advice on both the above questions would be very helpful.

Arvind Singh Chauhan (advocate)     10 February 2010

For your query No 1- No

2-yes

3- Through filing a gurdianship suit.

4- You will have to prove that she left your home without any sufficient cause, she is able to maintain herself.

As you are syaing about her character, without sound proof, can not be proved and may amounts to mental cruelty on the part of you and sufficiaent reason for her  to left you.

Parth Chandra (none)     10 February 2010

1) What about 498a charges that she imposed on me & my family and the mobile photos?

2) Moreover if she left the baby, doesn't it prove that she is only interested in money?

3) what kind of proof I need to submit to suggest that she was working before?

4) What if the wife confeses things...I have name & number of some of her lovers...and when I said that I would talk to your parents..then she left the home...Is this considered mental cruelty? Really???? If yes the n what kind of law we are having

5) What if she demands the baby just so that she can get more money? what are my options?

 

Parth Chandra (none)     12 February 2010

Any one to help?


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