Strange situation
Panecia garg
(Querist) 08 July 2013
This query is : Resolved
Marriage:
24 years with 3 children (2 major daughters 1 minor son
July 2012:
Wife did 498A/406/120B on mother, husband and alleged girl friend. She stayed at home with children. Children support mother. Husband stayed out from home to escape arrest.
Aug 2012:
Wife did U/s 406/ 418/ 420/ 380/ 465/ 467/ 468/ 471/ 474/120B IPC. Husband continued to stay out from home to escape arrest
Nov 2012:
Husband went home to stay after taking bail in all cases. Wife did drama of self assault. Trapped husband in yet another case u/s 341/323/506/427. Husband video recorded and audio recorded entire episode. Here it is http://youtu.be/SQq9g97tNk4
Feb 2013:
Husband again tried to stay at home. Wife did another case u/s 323/354/307. Husband was in custody for 2 days. Husband continued to stay out from home
June 2013:
Wife did cyber crime case u/s 66A / 66E/ 69A/ 72 / 72A. This was because wife alleged some blogs were written by husband against her. Husband got AB and still staying out from home
Present situation: Hus has not done any case. He and his mother were forced out from his own home (rental in name of HUS company). Whenever hus tries to come back home a new case is started. HUS is paying rent electricity and school fees of children.
What to do next. HUS wants to get rid of woman. Is divorce the right way or wait for 498A result
Devajyoti Barman
(Expert) 08 July 2013
Divorce is indeed the only way. If his mother is the owner of house then she can file suit for eviction . else there is no other remedy.
Panecia garg
(Querist) 08 July 2013
Matrimonial home is rented. Rent is in name of husband's company. Should husband file divorce at this stage when 498A is pending. What will happen to the home? will wife has to leave home in that case. Will divorce take very long? Will mental / physical torture can be established easily. Wife has jewellery worth 1 crore and property worth 1 crore. Husband has proof for same. Will there be alimony?
Devajyoti Barman
(Expert) 08 July 2013
Yes file suit for divorce and stop paying rent, if you so wish.
If wife is not working then alimony would ge granted. Civil suit does take time in India.
Rajendra K Goyal
(Expert) 09 July 2013
If the rent agreement is in the name of husband's company, The husband should try to get the house vacated through company. Company may (a) get it evicted, (b) may stop paying rent,(c) Inform the land lord to end the lease agreement by giving required notice. The landlord / company would get the house evicted.
Husband should stop paying rent and should not pay any bill i.e. water, electricity etc. bill in present and in future, without court order.
Some serious problem existed that such a situation arose, seems to be non recoverable.
Suit for divorce be filed. Wife, If not working alimony and maintenance may has to be paid.
Panecia garg
(Querist) 09 July 2013
Don't want to stop rent and electricity. Wife is business lady with income more than 50k per month. She owns land worth Rs 1 crore. Husband has 2 videos and 8 audios on different occasions wherein wife is abusing (Real abuse) and threatening husband and mother in law to kill. Want to go for divorce. How long it will take in contested divorce when there are enough proofs for mental torture. What will happen to matrimonial home status when divorce is filed. How much alimony will be paid. Every month HUS is already spending 10K plus on wife and child
prabhakar singh
(Expert) 09 July 2013
You should file divorce .
When she is with business income of 50k.p.m. she would not get any maintenance for her from you rather you can claim from her in case you fall short to maintain your self.No alimoney to her.
Rajendra K Goyal
(Expert) 10 July 2013
Agree with the views of expert prabhakar singh ji. Collect all proofs of her property and income. IT return and VAT returns etc.
