Harassment from my wife
Abdul
(Querist) 07 July 2014
This query is : Resolved
Hi
I am in a tough situation battling my life due to my wife's arrogant behaviour. We had been staying together in a house which was unfortunately in her name in a city X in Kerala where both of us had taken transfer to work and living together. We got two kids. I am an assistant professor and she a bank officer. Nine months back she got transferred to another far city, X1 towards south side of Kerala and shifted there along with the kids and then onwards not entertaining me and telling me to vacate the house. In front of the mediators she agreed for the mutual divorce provided I will vacate after that. But after the draft agreement ready, she played a drama by involving her lawyer for the reunion. But the mediators had warned me that it might be a play , so better finish the divorce procedure and vacate the house, otherwise she may go any extent as they know my wife well. But thinking about the kids, I tried for the reunion, but still she wants the house to be free for giving for rent and to stay separated for long time. I was not ready for that and told them that I will vacate the house only after finishing the divorce
procedures. This is because I am still working in the same city. Then she filed a complaint to the police station. Since the nature of the complaint is not clear, i was advised by the lawyer to get Ancipatory bail and then go to the station. But he was not ready to accompany me to the station. Knowing the difficulties in getting the bail, I called the police station and they told me that though her complaint include allegation for charging 498A, she is not going for that, but wants the house to be vacated and told me to come in person. They gave me just two weeks to vacate and warned me the consequences. Within those two weeks I tried three lawyers to make her agree for the mutual divorce, but failed. Just one day before the final date,she sent me a
threatening mail telling , if i am not vacating the house she will be forced to file all possible legal cases including 498, which may cause threat to my job also as i am a govt.Employee. Next day I was not in a position to shift as i was not well, though not found a suitable place. The police was not ready to hear anything and abused me over the phone and then a drunkard police came to the house along with her in their private car and threw out my belongings and expelled me out forcefully and locked the house and went out without providing my complete
belongings. The neighbours told me to inform the media, but i prevented them. The incident was on march 16, 2014 and with the support of neighbours , we went to another lawyer to complaint
against police to ADGP. After some days, she sent me a mail to come to police station to hand over my remaining belongings. I replied to her in an emotional manner that I don't need those
stuffs, but more concerned about my life and kids.
one month back I got the enquery report from police that it is not clear such an incident happened and cannot take any action against the police. My lawyer was not encouraging me to file a case against him in the court or human right commission as there is no evidence against him and also not sure whether the neighbours will give positive response as witness. So we just filed an RTI regarding the enquiry. As per the information, they have taken the statement only from my wife and the concerned SI. As expected, in my wife's statement, the police had not entered the
house and was not drunk and did not abuse me, but just spoke to me and she is ready to give my rest of the belongings in a convenient time. The SI also said the similar statement.
Leaving apart from the police act, my current lawyer also tried to have the mutual divorce by contacting her lawyer for the last one and half month , but failed. Since there is no point in
sticking in the same city, I requested the transfer to my native place, X2, north side of Kerala, 100 km from X and got transferred last week.
I have the following queries to get the answer,
1) Since my wife and police played their part fantastically and fabricated the things, Is there anything left for me to move against the SI, as there is no evidence left for me. But I really
want to trouble him in any way if possible
2) Since we failed in making the mutual divorce from my wife I can divorce her by triple talaq. But since I want it to be done legally, can I file the divorce paper in a court in my native
place so that she has to travel all along the way from X1 to X2 to appear in the court?
3) If I divorce her, how much should I pay to her as Mehr under Muslim women protection law? (Remember she also earns almost same as of me and more wealthier than me)
4) Since we are separated for almost 11 months, is there any ground for her to file domestic violence or 498A once I started my legal procedure? There is no such attempt from my side for her
to go for that. In case it happens, where will I have to appear for the bail and consequent trials? X, X1 or X2?
5) I am not paying the maintenance for my kids continuously as I was tryig for the mutual settlement. Should I do it from now onwards?
6) Though I replied to her that I dont want my stuffs which she locked in a room, I actually needed some of them. After all the repeated attempts, she is delaying it and taking advantage of
what I replied to her. What should I do now?
7) Finally, is it safe for me to go for another marriage without being legally divorced?
I want maximum responses from the experts so that I can conclude and take appropriate action.
Devajyoti Barman
(Expert) 07 July 2014
1. This is not possible except to lodge complaint with superiors.
2. Give triple talaq is presence of Quazi and 2 witnesses.
3.Amount you agreed at the time of niqah.
4.Yes, always.
5. yes at least for the sake of the child which is your own bloodline.
6. Ask for this return.
7. Yes, as your are a Muslim bigamy does not apply to you if you remain within the limit of 4 wives at a time.
ajay sethi
(Expert) 08 July 2014
you had raised this query earlier too wherein you were replied at length by experts
Sudhir Kumar, Advocate
(Expert) 08 July 2014
refer
http://www.lawyersclubindia.com/experts/want-my-family-together-461701.asp#.U7v6w0BvdG0
Sudhir Kumar, Advocate
(Expert) 08 July 2014
also refer
http://www.lawyersclubindia.com/experts/Complaint-against-police-469741.asp#.U7v6vUBvdG0
Dr J C Vashista
(Expert) 08 July 2014
Too long a query, be precise and engage a local lawyer
T. Kalaiselvan, Advocate
(Expert) 08 July 2014
You have approached this portal more than once earlier too and you have been properly advised about the next course of legal action to be followed in this regard, the reply to the repeated query will not differ to that of the earlier opinion, so please visit the previous thread to know about the opinions already rendered.
