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Required solution on below hmop

(Querist) 30 March 2015 This query is : Resolved 
Hi Sir,

This is Prabakaran from Chennai,
From 04/08/2008 to 08/08/2012, I has been worked at Dubai, I got alliance through Bharat Matrimony, in that profile girl is completed BA, her parents were confirmed that she is willing to accompany at Dubai. Based on that my marriage has been solemnized through and Marriage has been done on 31/05/2012. after my marriage on 07/06/2012, I have asked the degree certificate in order to process VISA to took my wife with me at Dubai, at that point only we (My Self, Parents & My Blood Relations) came to know that she studied only up to 8thstandard they falsely stated in matrimonial profile updation as BA, however if you required we will arrange for the same by preparing Rs. 25000/-, even we had not taken any serious actions for the education issue.

Then 25/06/2012 I went to Dubai, for re-joining my work, She said that 27/06/2015 I’ll go to my home and come back after one week, I also agreed the same. And I had clearly said to them that whatever may be happened leave-it, once I reached Dubai I’ll take a separate flat & Visa for you to live with me in Dubai. She also said ok., then I came back to Dubai I had taken a new flat for rent, and visa process has been started., in this situation on 26/07/2012, he mother & her Uncle came to our house for invite Re-Thali Function. That time her mother and her uncle said that she is not willing to go to Dubai. For that my father said that we had jointly sit together only spoken for marriage you said she is graduate & she is ready to move to Dubai, but now you were giving all false statement & all the decision must be taken only by my son and his wife only. Our job is completed now they should be in the decision, for that suddenly her uncle sarcastically said that ok let we will go for divorce by through settlement of local panjayat. Then my dad said that if any misbehavior has been happen sure I’ll make a complaint through Police.

I had clearly said to my wife that you must be come to Dubai, but she neglected my conversation and disconnected the phone, then I take an emergency leave came to Chennai 08/08/2012 to pick-up my wife to Dubai. But I call through over phone there is no response. On 22/08/2012 my parents were went to Marriage function in meantime My wife, her mother and her aunt came to my home they pushed me and taken her jewels and saree’s, I asked them please wait my parents will come hence you wait until my parents come then you tell them and go, for that her aunt said she is not having any interest to live with you in their dare consequences. In the mean time I called My parents to come early, and my father called son-in-laws father, as soon as son-in-law father has been came to home and make them in patience. Finally they had said that we will leave my daughter in our home on 27/08/2012, in between I asked in over phone to come to Villivakkam Agatheeswarar Temple on 26/08/2012, she also came I had advised to her you had already done so many mistakes hence, please look your life, for that she said I will not come to Dubai, however she is not compromised with me. So I came back to my home.

After some days prior to Diwali they went to my sister’s living home the make harassment in their dare consequences. My sister’s husband said that whatever we had compromised all, why you were not leave your daughter in matrimonial house. Now you should go there and speak with your daughter’s matrimonial house. In this situstion I had send resignation letter to Dubai.

On 02/11/2012 they came and asked to me for Diwali Varusai, I had replied once you bring your daughter I’ll take what you given, they not replied and went back. On 15/12/2015, her father, her chithi’s son, and some relatives in the name of gundas, they were harassed me and my parent in their dare consequences by asking 25 Lakhs. In this torture I lodged a complaint in our area police station and CSR has been given by them.

They also came for investigation on 21/12/2012, they had said to them we will leave her in matrimonial house. They bring her to our home on 23/12/2012, but she had not brought back her jewels and sarree’s. While asking for that they had replied we will bring it back by next week.
Then in fourth day(27/12/2012), she called her mother to get back to her home, her parents also came and took back her, her parents says that she is not interested in marriage so leave her we will take back her to our home.

Then once again I informed to police station, they were said you please go through Advocate. Then I find an advocate based on his instruction. I send a 1st Notice., based on what happen, they replied all statement as false. Then I send the 2nd Notice no reply has been received. So I filed HMOP Conjugational Rights to live with me for my wife. Counselling has been done they were said I not able to live in single roof, I want separate house. I was not in a job hence I not wish to go for their statement. Some of the days they will not come to court. Hence I filed proof of affidavit, for that they had filed Return of Articles. I that she mentioned we having all her Jewels, and give marriage expenses 5 Lakhs but she was taken all the jewels already..,

My advocate and her advocate join together and saying she is not willing to live with you, you must give the jewels and money what they have asked, else they will put you and your family in Jail.

Please help me what I will do in this situation….

Thanks & Regards
Prabakaran
Jayaraj Poojari (Expert) 01 April 2015
Better change your advocate.
Rajendra K Goyal (Expert) 02 April 2015
Change your lawyer to save your interest.
T. Kalaiselvan, Advocate Online (Expert) 03 April 2015
You have been misguided and misled by your advocate from the beginning including filing the RCR case. Now he is ditching your life joining hands with opposite side. Better change your advocate immediately, engage a new lawyer and always go for a second opinion if you find this new lawyer is also deviating the route.
Prabakaran CJ (Querist) 05 April 2015
Thanks and noted
I found a new lawyer, we plan to withdraw the Petition.
And file divorce petition. If any other steps please advise on same.
Once again thanks for your kind assistance.

Thanks and regards
Prabakaran CJ
Prabakaran CJ (Querist) 02 August 2015
Reference to the above advise, I had with drawn the HMOP Conjunction petition and filed HMOP Divorce Petition.

As well as they had filed Maintenance Case in another court, that they require Rs. 15000/PM.

Please advise whether did I need to give maintenance, coz I have been waited for her 2.5years in Conjunction Petition and I lost my lucrative job from Dubai on those days.

They were not ready to live with me, hence I have been applied for divorce in order to save my career to get back to Dubai.

But at present I'm not having a secure job to save myself itself.

Then how I can be able to pay maintenance for her.

Thanks and regards
Prabakaran CJ


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