Plz suggest
Kranthi
(Querist) 06 March 2014
This query is : Resolved
I got married in 2010 and no children out of wedlock. I had been facing mental and physical harassment from the date of marriage from my wife and her family. She has abnormal aggressiveness by throwing vessels and glass items and she used to scratch me over by body. She had put hot tea cup on my face when I was asleep just after couple of days of marriage. I have taken things positively and waited patiently that she will change. I have also supported her to complete her M-tech.
However, my wife with help of her father using a Private complaint had smartly filed false 498a under 3&4, DVC and maintenance against me in 2013 at her native place Nalgonda.Initially she approached Women protection cell, Hyderabad and Women police Nalgonda but FIR is not registered.
She even came to my office and said our family issues there. I missed onsite opportunity and had to resign from my company. I surrendered in PS after taking anticipatory bail for my parents. I was sent to judicial custody for 5 days. In one of our meetings in elders, we have signed on white paper stating that I am ready to keep 8lacs in joint account (which was given to my wife by her father as her property share) and take separate house. Inspite of my efforts to reconcile she didnot join my company.
Finally, I have filed Divorce under cruelty in Hyderabad family court.
My wife is not accepting for divorce and demanding very hefty amount 50lacs for compromise. She is even stating that she dont want any money and separate residence but want to stay with me along with my parents. Due to her psychological condition and the false complaints, I am not ready to take her back.
Please suggest me below queries.
1) currently, I am not working and searching for job, so what apprx maintenance will be awarded to my wife?
2) can I file defamation or any case due to lost in onsite career opportunity and for filing false complaints and false evidence(she created a pic showing that I am taking money)?
3) will I get divorce as per above mentioned details?
Devajyoti Barman
(Expert) 07 March 2014
1. You will be directed to provide maintenance depending upon your status and past employment/earnings. Unemployment is no excuse.
2. No use, merit less also.
3. Yes if you prove the allegation.
Rajendra K Goyal
(Expert) 07 March 2014
1. Maintenance may be granted, quantum depends upon many factors.
2. Case has no merits.
3. Agree, if the same can be proved.
R.K Nanda
(Expert) 07 March 2014
agree with experts.
V R SHROFF
(Expert) 07 March 2014
Please suggest me below queries.
1) currently, I am not working and searching for job, so what apprx maintenance will be awarded to my wife?
::: depends on std of living & ur capacity to earn
2) can I file defamation or any case due to lost in onsite career opportunity and for filing false complaints and false evidence(she created a pic showing that I am taking money)?:: not recommended, though u can,
3) will I get divorce as per above mentioned details?::: u may get ; depends on your evidence..
ajay sethi
(Expert) 07 March 2014
agree with experts
Kranthi
(Querist) 07 March 2014
Thank you all for the responses..
I have 2 more query..
4) In what way the agreement signed in white paper to keep 8 Lacs in joint account (which was given to my wife by her father as her property share) will effect the dowry prohibition case and compensation in DVC case?
5)who has to prove the cases, I mean the appeallant or respondents(that we are innocent) or both?
ajay sethi
(Expert) 07 March 2014
you will have to return Rs 8 lakhs given by her father to you
your wife has to prove her allegations made in complaint .
Kranthi
(Querist) 07 March 2014
We are ready to return the amount but they started keeping few more conditions and hence matter didn`t settle and was dragged to court.
She had taken all the 20 tulas gold which we gave to her. I made her to confess this infront of DVC councellor in written. Can we recover this gold?
Devajyoti Barman
(Expert) 07 March 2014
Do not complicate the issues. If she is ready to settle then settle it. for Getting FEW THINGS FOR GREATER GOOD IS SIGN OF PRUDENCE.
Devajyoti Barman
(Expert) 07 March 2014
Do not complicate the issues. If she is ready to settle then settle it. for Getting FEW THINGS FOR GREATER GOOD IS SIGN OF PRUDENCE.
Kranthi
(Querist) 07 March 2014
She demanded 16 lacs before case was registered and then 32 lacs and now she is demanding 50 lacs to settle the matter.... I made my mind to fight the case rather given them money in illegal way.
T. Kalaiselvan, Advocate
(Expert) 07 March 2014
If you have decided to fight it out, go ahead, what is the need to come with a query here or what is your query when you have already decided about what is to be done with your problem.
Kranthi
(Querist) 08 March 2014
@Kalaiselvan,
I am only checking out options what best can be done in my case....
can you plz suggest any innovative solution in my case as fighting for 498a is too long and she is also asking for hefty amount which we cannot pay as we are not economically sound??
does filing counter cases shorten the time to settle?
T. Kalaiselvan, Advocate
(Expert) 08 March 2014
@Kranthi: You have already filed a divorce case, let she be adamant to not to give you divorce, you fight it out. If you feel that she will not change herself instead will be a thorn in the throne, better to keep away from her because she may go to any extent to satisfy her aggressive nature of cruelty against you. Now about your query, you have to prove that you are not employed hence you will not be able to offer any maintenance amount to her, and just drop the idea of filing any libel case against her because your case is very weak not attracting strong reasons for the same and as faras the divorce is concerned, I think you have strong grounds in the name of false police cases against you, which if proved to be false, cruelty is established and the chances for getting are more brighter.
Kranthi
(Querist) 08 March 2014
Thank you Kalaiselvan for your valuable suggestion.
Thanks all for your time in answering my queries.
Biswanath Roy
(Expert) 09 March 2014
If the facts narrated in your query are in reality then I advice you to go for Divorce otherwise your future will be doomed and shall call mental torments.
Kranthi
(Querist) 10 March 2014
Sure, I will stick to divorce only. I have already sent divorce as I have been suffering both mental and physical harassment.
Thanks for your valuable suggestion.
ajay sethi
(Expert) 10 March 2014
thanks for your appreciation
Biswanath Roy
(Expert) 10 March 2014
Mr. Kranthi,
In response to your query no.(2) I advice you to lodge a diary in writing in the local Police Station that your wife is threatening you that she will cause injury to your reputation and your family's reputation in your society by giving false allegations of various kinds unless you pay her Fifty lakhs of rupees and thus alarming you to cause mischief. For drafting this complaint you take help of a local lawyer conversant in criminal laws. Taking a receipted copy of such complaint letter you file an application before the Judicial Mgistrate u/s.503IPC for criminal intimidation against your wife and u/s.120B,IPC against your FIL and MIL. immediately.
