Wife and her family does torture and threaten for forge cases.
Shashank
(Querist) 19 January 2012
This query is : Resolved
Hi,
My marriage is about 2 years old. My wife and her family is always
Forcing me to give up my parents and sister(basically my family). My wife and her family were threatening me for the act of 498A. My wife is always threatening me that she will harm herself and will blame at me.
Becuase of these incidences I am always being in tension. This mental pressure caused reduction in heamoglobin level. In November 2010 I got admitted in Appolo hospital New Delhi. During the course of my medication my wife broken the lock of my rented flat put a new lock. After discharge from hospital when I was asking for the keys she denied to give and said she will allegly put me and my family in jail?
I asked house owner for the copration in this matter then he asked me to vacat the flat and was forcing me to get keys of flat from wife.
Now days, inspite of having my flat, I and my mother are living in paying guest.
I am a service class person and one and only one earning person in my family.
Will you please suggest me to get rid of these problems and get rid of torture done by wife and her family...
Thanks in advance
Shashank Naresh
Shashank
(Querist) 19 January 2012
there is a correction: I got admitted in appolo hospital in November 2011.
Shonee Kapoor
(Expert) 19 January 2012
YOu can ask your your landlord to issue you a notice for vacation of premises.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 19 January 2012
is your flat on leave and licence basis ? or you are a protected tenant?
if on leave and licence agreement vacate the premises . inform landlord that you dont want to contiue in saod premises.
Shashank
(Querist) 19 January 2012
Thanks Shonee for your quick reply.
I got a doubt that how can that notice for vacating the premises help me out.
Just for sharing the information that the society incharge or landlord are not allowing me to make duplicate key of the doors. As per the society incharge he has disallowed wife and her family in the society.
The society incharge said that "you take your belongings and let wife to take her belongings and vacate the flat".
Is there any good way to division of belongings and vacating premisis peacefully?
Shashank
(Querist) 19 January 2012
Thanks Ajay for taking the attention in my matter.
The flat is on the leave and licence basis. The aggrement is between myself and landlord.
Nadeem Qureshi
(Expert) 19 January 2012
Dear Shasank
you should lodge an FIR against you wife & In-law under section 383, 384 IPC for Extortion. It is a cognizable & Non-bailable offence.
Feel free to call
V R SHROFF
(Expert) 19 January 2012
If your wife can break the lock of your rented flat put a new lock, WHY CAN; YOU BREAK PRESENT LOCK, AND PUT A NEW LOCK?? WHAT PREVENT YOU TO DO SO??
You have Right, not your wife.
u can change residence too if want to stay a bit away,
Shashank
(Querist) 19 January 2012
Thanks for being concerned for both Mr. Nadeem and Mr. Shroff,
Shroff Sir,
Actually the society incharge and landlord preventing me and said that lock should not be broken in the absence of wife and her family.
Infact when I told to landlord that I want to vacate the flat then he said you give me the keys then only he will do the full and final settlement like voiding the agreement and giving rent deposit back etc. He is forcing me to ask for the keys from wife and let you take your belongings and let she to take her belongings.
Infact when I talked to wife regarding keys her brother abused me and said that he will beat me.
Shashank
(Querist) 19 January 2012
Just to share my family background;
My family has five members Father,Mother,Sister,wife and myself
My father was a business person his age is 64 yrears. He is suffering from Arthritis. He is under going the medication.
My mother is a retiered BSNL employee her age is 62 yrears. She has got carcenoma (sort of breast cancer). She is under going the medication.
My sister has done B.TECH. in chemical engineering. Currently in job in the same city where I am working but due to the problems created by wife and her family my sister is staying in girls hostal in the same city.
Due to the problems created by wife and her family we all are suffering badly.
It will be your kindness to help me and my family in this matter.
- Shashank Naresh
Devajyoti Barman
(Expert) 19 January 2012
Since it is rented flat it is better if you vacate the flat.
Under various provisions of beneficial legislation you can not shirk off your dutties to give shelter to your wife.
Raj Kumar Makkad
(Expert) 19 January 2012
I do endorse the common views of all experts.
Raj Kumar Makkad
(Expert) 19 January 2012
You have much been advised so it is now your turn to take definite steps to solve our problem. These steps may be as follows:
1. Issue a notice to the landlord that you terminated the contract.
2, Intimating in the same notice that the lock over his flat by his wife is illegal and without his permission so it is the landlord who can initiate legal action against her.
3. Take some other house on rent, change phone numbers and whereabouts of you and your family from your wife and her family.
4. If you shift to any nearby city/town for some time then it shall be an additional thing.
Shashank
(Querist) 13 February 2012
Hi All,
As directed,
I have issued notice to the landlord and shifted to a house,
I have communicated all the situation to the landlord like my wife is illigally taken the keys of house.
I have issued below notice to the landlord;
"I am very sorry to inform you that I am willing to vacate your rented
flat (43A, Anukampa Apartments, Abhay Khand – 4, Indirapuram
Ghaziabad). I am vacating that flat due to my personal problems.
It was a very good experience with that flat. Also it has been a very
good support and understanding from you.
Kindly consider this mail as a notice for vacating flat.Please feel
free to contact."
The landlord reply is following;
"Dear Shashank,
As per Rent Agreement dated 01.10.2011, you are to hand over to me the vacant & actual possession of the subject Flat in smooth & peaceful manner, free from all encumberance, defects & all dues for water, electricity & society charges duly cleared from your side. Simply giving notice for willingness to vacate will not work & till such time the Flat is handed over to me the Agreement is in force. Please hand over my Flat immediately within 1 month time from this notice for vacating my Flat.
In the meantime, I have received SMS alert from my bank on 06.02.2012 that your cheque No.126300 returned unpaid which is a serious matter. Please send valid cheque of equivalent amount in its replacement. I am still waiting for written communication from the bank in this regard."
Please let me know my further plan of action.
ajay sethi
(Expert) 13 February 2012
is your wife staying in said house? or has she only taken keys .
you have to pay rentals of flat till you are legally in posession of premises . send him a demand draft for bouncec cheque amount immediatedly
Shashank
(Querist) 14 February 2012
Wife has broken lock and put a new lock and keys are with herself only.
Presently no body is staying in that house.
Also I have communicated the situation to the landlord. Landlord is also wanted to vacate the house.
