Vinay 16 August 2017

Another male victim of wife's harassment. seeking divorce

Dear Sir/Mam,

Wife has threatened with dire consequences, left the matrimonial home along with her cousin who has done the kanyadaan even though her father was alive. We asked this during the wedding but her father refused to do the kanyadaan and instead her cousin performed this ritual. This is a second marriage for both me and her.

Important pointers:

a) No children out of the wedlock.

b) Marriage has just crossed over an one year and half now

c) No children from previous marriage for both.

d) My previous marriage I had filed RCR and then agreed for Mutual consent divorce after wife refused to come back

e) Second Wife's previous marriage was told that it was a mutual consent but have not got the divorce copy of her first marriage. (reasons cannot be told in short, its a long story)

f) Met her ex husband's father and heard about her atrocities and unfair advantage taken in the court of law by demanding absurd alimony claims

Present Status:

1. Divorce petition filed by me in family court few months back because of cruelty from wife against me and my elderly father (80 yrs). I work in Chennai and Father lives in Bangalore. Lost my mother recently to Cancer after which her torture had become unbearable. Asks my dad to be left in an old age home because he is old. Scolds me that all husbands are living with their wife and are not bothered about their parents but you are one Idiot and other abusive words used.

2. Wife has assaulted me physically many a times, the last one when happened is where I lost my hope that she can live with me in peace

3. Father was unwell and hospitlized and I was driving to Bangalore to visit my ailing father where she did not wanted me to go and take care of him

4. She comes along with me and in the car, she pulls the hand break of the car putting my life and hers in grave danger. Using her nails she made wounds on my hand, collar bone and neck area. Now in the court she says that she does not even know what is hand break and that day she didnt travel with me at all.

5. Great difficulty and luck with god's grace I brought the car to a halt. After this spoke to her cousin and told her to take her away as she is unsound and cant think sane with her violent nature. Post reaching Bangalore Cousin refuses to come home and take her but when I was about to lodge a police complaint he came and took her away

6. Now wife starts doing world class acting and drama. After a month or so, she files false complaint in the women's cell against me and my father and my chote papa (Father's younger brother who is helping me taking care of my dad)

7. I filed a return complaint against the false complaint put by my wife and filed a divorce petition in the family court

8. She sends goons and local social activits organization representatives to my house in my absence to threaten my father. Now after approaching the court appealed for a restraining order (however it not has been granted to me and yet no action been taken by the court). Court sent the notice to my wife to appear for the divorce case hearing.

9. Local social activists and Goons have stopped coming to my house after approaching the court

10. Now she files RCR and acts innocent and now has filed Interim maintenance and litigation expenses payment suit under Sec 24. HM Act 1955

11. Wife was been working before marriage earning a handsome salary and worked for a small stint post marriage as well but she quit later, Triple degree holder in the field Bio Technology and B.Ed (Msc and Bsc in Bio Tech)

12. She has not mentioned true qualifications in the family court and asked for maintenance while filing the Sec 24 petition

13. She claims that she is fully dependent on me and having no source of income (She is sitting idle and not willing to work). Her family is well off, brother earns salary, father despite being retired works part time and supports in running the house

14. Recently brother has brought a new Volkswagen car and I have proofs of them taking delivery in Facebook post.

15. I have all telephonic recordings of her demanding for divorce and other evidences which I have planned to submit to the court

Now my advocate says that the interim maintenance shall be granted to her and I cannot submit the documents of her graduation and previous work experience and also the Face book posts of them taking delivery of the car. Nothing can be done. Court shall not have a trial to see into those documents before awarding the maintenance to her.Please tell me how can I make sure that I do not end up paying this maintenance. Please help me how can I face this case and what else should I expect from wife in filing cases against me. Sir/Mam, I need strong guidance and assistance to face the proceedings ahead . Thank you

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52 Replies

Adv Radhika Mehta (Advocate) 16 August 2017

Your lawyer is wrongly misguiding you. Sec 24, HMA awards maintainance to those women who do not have any independent income sufficient for their support. There are a plethora of judgements that a qualified working woman cannot sit idle just to harass the husband. File all the documents you have regarding her past job experience. However, the fact that her brother purchased a car is immaterial, unless and until the same is purchased in your wife's name.

As far as all your recordings regarding her demanding Divorce are concerned, rely upon them at the time of trial.

Vinay 16 August 2017

Thank you, Radhika for your advise. Please help me understand one more point. I have her resume wherein she has mentioned about her educational qualifications, work experience. Using that I'm trying to see if I can get hold of those records and will court allow me to submit those documents along with the plethora of judgement copies for well qualified women misusing the Sec 24 HM Act? I was told by my advocate that since this being an Interlocutory, the court shall not go through asking for what documents I can submit.

Can I request the court if I cannot get hold of her educational transcriptts and tell the court that she has not come clean in disclosing her qualifications and work experience? Can I use RTI to procure those important documents? Is there any other way that I can use to help strengthen my arguement on not getting an interim maintenance order? Can she file a CRPC 125 if she gets the interim order passed against me and can the court also give the sanction on the order under Sec 125 when I'm running through a divorce case and if at all that is also passed in her favour will I be paying two maintenances? Please help me with answers to these queries.

Even after this the family court awards or directs me to pay the pendent lite and interim maintenance what are the options that I have to challenge this order? Can it be done in the same court or should I appeal in the high court? Will it be of any help to me there? Please share your advise on this as well. Thanks once again.

Adv Radhika Mehta (Advocate) 16 August 2017

Yes, the Court shall allow you to submit the same as to decide what income would be sufficient for a woman, the Court has to consider several aspects such as the income of both the parties, the standard of living, the liabilities etc.

You can file an Application for production of her Documents under Order 11 Rule 14 by which you can ask her to produce her bank statements etc and all other documents which you think would depict her income. If she fails to produce the same, adverse inference will be drawn and her defence will be struck off.

There are several remedies available to a woman and she can excercise the same. However, if she is given maintenance under one Statute and she also takes out proceedings under other legal provisions, the second Court will have to consider the maintenance awarded by the first court.

If you feel that there was an error apparent in the order granting maintenance, you can file a review against the same in the same Court within a period of one month. Otherwise, you can challenge the same in the High Court. Whether or not it will be helpful to you cannot really be commented upoin as that depends on the wordings of the order.

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Vinay 16 August 2017

Thank you Radhika for your valuable advise.I shall follow them..

Kumar Doab (FIN) 16 August 2017

Hope you have the irrefutable evidence of all acts of cruelty that you have posted.

Vinay 16 August 2017

Hello Kumar Doab,

Yes, I do have some crucial evidences on all her attrocities. I'm worried, because of her acting/drama now that she has been indulging into in the court hall or the mediation centre giving an image of innocent Sati Savitri types (as if husband is the another reincarnation of god in her life) that she may get away because every single incident that I have described its impossible to have evidences in the first place.

Eg: The car incident, no husband in this world will ever dream in his nightmare that wife who accompanies in the car will act in such an insane manner by pulling the hand break and risking the lives of both of them just because wife's demands are not being met. I do not have a video proof of her doing the act. She has denied the entire incident of what she has done in the car. I do have the pics of post effect of her act what happened, like the wounds on my body, inside of the car how much damage she has done. During the mediation, she said that she is so innocent that she does not even know where the hand break of the car is and moreover she has not travelled with me on that fateful day what my husband has made a story out of.

I have submitted the MLC, wound pics describing the scene and cruelty on me physically, unfortunately (Sorry for sounding like a Male Chauvinist) our country legal system and laws are more favourable to women giving them lots of avenues to harass men and hurt them financially breaking their zeal to fight for justice. God knows when would all men expect gender neutral laws in India. Her legal respresentatives during the mediation have asked me to prove of her doing the act as any proofs that I have are not saying that she is the one who has committed the crime. They say if you have a video of her doing all those what you are saying or describing then it makes sense or else its nonsense. Not sure how can I win this battle. Hope my advocate can help me argue from my side in making her crime get proved in the court. keeping my fingers crossed. Please excuse my brevity.

I wanted to share the wound pics but getting a message that I'm not supposed to share such photos in this forum. Thanks....

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Kumar Doab (FIN) 16 August 2017

If you can establish all acts of cruelty then these may become valid grounds...................

If you can not these may just be averments...........

Vinay 17 August 2017

Hi Radhika, Kumar Doab,

I had one more query which i totally forgot to check with you. My mother has made a property on her own and a one more which has come from her father through a gift deed. The self made property is where she used to get rent of XXXX amount. Now, I lost her on Feb 2016, she passed away intestate. My wife left my matrimonial home in Aug 2016 with the above sequence of events. In my divorce petition have submitted to court that my father is dependent on me physically, medically and financially. Its been my interest even when my mother was alive that my father should get the property and rent later on. Unfortunately without a will when she is gone now, I have not yet got the property changed into my father's name. I have been asking my advocate atleast from Apr 2016 onwards to suggest me if I can transfer the property now where my mother used to get rent to my father but he said not to do it now and wait for the right time. This is also one of the reason my wife was unhappy with me that I wanted my mom's property be given to my dad and caused much trouble, fought with me.

Now in her Interim maintenence petition she has mentioned that I work in a company and also get the accrued rent from this mom's property. Please tell me if I can transfer the property to my father inclusive of all. I'm the only son with no siblings. Seek your kind advise on how to deal with this and anyimpact of this on the interim maintenance petition. Thank you.

Adv Radhika Mehta (Advocate) 17 August 2017

Your lawyer was right in asking you to wait as any action on your part in transferring the property, no matter even if it for genuine reasons, will be viewed adversely by the Court who will assume that you did the same to deprive your wife. This should have been done before any sort of litigation started. See the fact that you have property from which rent is being accrued will definately be taken into consideration by the court. However, given the wordings of Sec 24, if you are able to prove that your wife is working and drawing a handsome salary, then you may not have to pay. No fixed answer regarding the same can be provided, as the views taken differ from Court to Court. Moreover, If as you mentioned your father is your dependent, you can always take that defense.

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Vinay 17 August 2017

Is my father not the right legal person to take the property after my mother has gone even though my mom has gone without a will? If that so being the case will If I transfer the property to my dad will it matter in the court with the timing when I have transferred? Also, Will it even affect my ongoing divorce or Maintenance case. If it becomes his income legally and if he is the right person after my mother how can my wife claim the rent from the property since this is a self earned property for my mother which should go to my dad.

I had understood that wife is only eligible to claim from the income of the spouse alone and not from parents of the husband.? I'm working on collecting enough proofs on where she is currently working, also getting her documents regarding educational qualifications and work experience. Will she be eligible to get a stake in the property as well which is in my mother's name? If so can I safegaurd the property, I do not want my mom's hardwork to be shared with wrong hands. Thank you so much for your patience in going through my queries and guiding me.

Kumar Doab (FIN) 17 August 2017

There seems to be NO reason that you should not trust your lawyer.

Ideally the lawyer should advise clients properly and client should trust lawyer.

Vinay 17 August 2017

@Kumar: I trust my advocate, I just got baffled when she said that Court will not have another trial for reviewing the documents that you can produce in the court for fighting in not getting the mainteancen order passed against me. Just wanted to take a second opinion. Please have a look into my above query and let me know your thoughts on this. Thank you for your time.

Kumar Doab (FIN) 17 August 2017

As per your post the property left undisposed in her life time by your mother is self acquired in the hands of your mother.

It is believed that you are all Hindu.

Confirm!

Kumar Doab (FIN) 17 August 2017

In case of Hindu woman the nature and source of property matters.

The 1st right is of husband (if alive as on date of death), sons and daughters………..

As per your post there are 2 surviving legal heirs your father (her husband) and you (her son)……….

The rent agreement and rent receipts may be examined for rent collector to date……..

The person that has enjoyed the rent may show in income.

You can dispose your share by relinquishment/release/gift/transfer/settlement/sale deed in favor of your father……….and narrate the purpose…………..

Outright sale is usually preferable in such matters however your father should be having adequate proof of source of funds…..

Your father seems to have bonafide need……. also, as posted by you.

In any case the transfer of ownership shall remain a public record and you on your own/as per your lawyer’s advice or per directions of court ( if and as and when) can submit the record…………….

Discuss with your lawyer and decide…………as suitable to you.