Received advocate notice from wife for dowry and harassment by me and my sister(all false)
Rup
(Querist) 21 August 2013
This query is : Resolved
I got married in 2006. Recently , my wife had gone to her native place for around 2 months and once she came back, I received a notice from advocate from her native place, stating " Under instructions of my client (my wife)....after persual of the documents submitted by her I am giving you notice as under......", here are the charge mentioned in the notice :
1. After 1 year of marriage, I along with my elder sister and her husband started demanding Rs. 2 Lakh from her parents and her family paid me Rs.1 lakh in November 2007 - whereas I never demanded or received any money from them as ours was a love marriage and we got married in a temple without her parents knowledge. Moreover, I don't even take money from my parents even if they asks me as I earn the money which is sufficient enough to run my family without anyone's help and I don't like to bend my head by asking money from anyone.
2. I had kicked my wife in the lower abdomen in May 2012, which resulted in miscarriage - whereas I was running from one doctor to another, once she got pregnant after 6 years after our marriage ( she had to undergo fertility treatment for so long for which I had spent lot of money ) I never hit her and in the doctors report also it was clearly mentioned that it was a case of blighted ovum and doctor advised to abort as there was no proper heartbeat found in the baby.
3. I and my Sister and her husband tried to kill her by conspiring in such a way that ceiling fan fell on her head - whereas everyone in the building knows that the Fan was not repaired ( I agree that it was due to negligence on my part) and fell in the morning when me and my wife were sleeping in the bed and unfortunately it fell on her side and it had just caused a small lump in her head. I had advised her to not switch on the fan as it used to make lot of noise but in spite of that she switched it on and the incident happened.
4. I never allowed her to meet her parents for last eight year - whereas her parents and sister have visited my house four times. I never restricted her from travelling anywhere. She didn't want to go to her native without me, which I was not ready as her family had once threatened to behead me if I go to their place. Her mother is like a "rowdy" with connections to local gundas and I didn't want to risk my life by going there due to obvious reasons.
My sister stays separately with he family around 0.5 Kms from my house and she don't visit our house. My wife also, doesn't allow me to go to my sisters house. Only contact which I have with my family is through phone. Please advise, how I can save my sister's family from any major trouble (eg. 498 charges). I am ready to face anything but I don't want any of my family members to face the heat. I am ready to fight the battle all alone. My aged parents (senior citizens) stays in our ancestral house and I am bothered that my wife's family will try to put a case against them also, as my wife had threatened about that several times.
My wife has somehow completed 12th and is from small town and so she goes by whatever other says and she always thinks about everything in a very complicated way. She is very short tempered and she used to beat me knowing very well that I can't beat her in return. Once during an argument, she broke my head by hitting me with pressure cooker lid for which I had to undergo costly treatment. Added to that she had several times tried to suffocate me with pillow, scratched my face and body, hit me in the genital region etc. etc. She is aware of all these cases, so she has raised the point about physical torture to sidetrack the tortures she had done to me during these many years. I always try to remain calm understanding that its my fate that I got such a wife. It seems like she has some extra marital affair with someone, though I don't have any proofs as she always very cunningly hide everything about her but doubt and try to spy on my activities in social networking sites. Her maternal uncle is an advocate and he has sent the notice.
My wife never does any household works and I do the cooking, washing, cleaning etc. I work in a private concern in Chennai. Now, I pay Rs. 10000 every month ( which is a major part of my salary) for her monthly expenses, for which I don't have any proofs as I give it by cash after withdrawing from ATM. She doesn't have any bank account. If I delay in giving the money then also she creates lot of problems in the house. She told me several times that she will make me pay her Rs. 2 Crore, if I think about breaking the marriage, knowing very well that even if I sell all my extended family's properties, I won't be able to manage 2 Crore. The major thing which I have understood about her is she is very much money minded as her family is into garment business and she is not happy with our current lifestyle. As she is housewife, she stays at home without doing anything and don't mingle with neighbors and as they say " an idle mind is devil's workshop". Whenever we have any argument, she start beating me without any physical provocation, she threatens me about going to police, tell my friends, tell my boss etc. After receiving the notice from advocate I have completely stopped talking to her even if we are staying in the same house. Please advise what I can do as I have to balance my work and life without getting into any further trouble.
Sorry for the lengthy details. Thanks in advance for any suggestions/help.
Devajyoti Barman
(Expert) 21 August 2013
Suggestion is nothing but either to continue to digest her torments or to file suit for divorce.
You have to call the shots as you can not let go this for ever.
R.K Nanda
(Expert) 21 August 2013
consult lawyer personally.
Rajendra K Goyal
(Expert) 22 August 2013
I doubt the matter between you would be reconciled, but if reconciled you must get confirmation in writing before witnesses that the charges were fake and baseless.
If the matter is not settled, reply the notice with the help of lawyer denying all the charges. Get opinion of your lawyer for further action,
Rup
(Querist) 22 August 2013
Thanks for your response. The notice was sent to me and my sister, whereas my wife received the registered post containing the notice and after seeing the notice I informed my sister not to receive it and they didn't receive it. So can it still be considered as a valid notice? do you suggest my sister to accept it if the notice is resent? will there be any issue if it is not received by my sister? I am planning to send a advocate notice to her family, shall i sent the notice as if its the first notice without any reference to the notice sent by them? Please advise, thanks in advance.
Rup
(Querist) 22 August 2013
Thanks for your response. The notice was sent to me and my sister, whereas my wife received the registered post containing the notice and after seeing the notice I informed my sister not to receive it and they didn't receive it. So can it still be considered as a valid notice? do you suggest my sister to accept it if the notice is resent? will there be any issue if it is not received by my sister? I am planning to send a advocate notice to her family, shall i sent the notice as if its the first notice without any reference to the notice sent by them? Please advise, thanks in advance.
Rajendra K Goyal
(Expert) 22 August 2013
Refuse to accept a notice is considered as notice served.
You want to send notice but on what grounds. You can send notice after full discussion with your lawyer.
Raj Kumar Makkad
(Expert) 22 August 2013
You may reply the notice and may deny the allegations levelled therein and may also sho your desire to restitute the conjugal rights.
Rup
(Querist) 25 August 2013
Thanks for all your suggestion..I will action accordingly..appreciate your help!
Shonee Kapoor
(Expert) 30 August 2013
Don't make a mistake of not replying to this notice.
Regards,
Shonee Kapoor
www.facebook.com/shoneekapoor
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com
Twitter: https://twitter.com/shoneekapoor
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If you don't fight for what you want, don't cry for what you LOST.
