What steps to be taken for a good defense ????
Banshilal Das
(Querist) 11 June 2012
This query is : Resolved
I am the only son of my over aged parents and usually met them once in week.My wife always insisted on living with me in the residence of kolkata with my 5 years son and will not look after them.So,there were some misunderstanding among us for the last 2 years.We are living in kolkata since Nov'2009.
Now in last of this Jan'12I came to know her extramarital affair for 1 year and for that she was taking such stands. I firmly decided not keep her here in kolkata anymore and called her father to make her bound to leave kolkata and separate both of lovers.They took her away but began to complain that I have tortured her mentally, physically and her marriage was not being consumed etc. etc. So she will stay with her parents.I have gone to convince them that the matter is over I want to give her another chance for a better marriage life,but driven away with a threatening to spoil my whole life in jail etc..My parents went there to bring her back but in vain. Now she is a bike girl of local spoiled boys.
My FIL have no time to discuss the matter before winter.So, what can I do when visitation of my little angel is also prohibited.?
1) Out of 7 sets of ornaments my wife has kept 4 ( for regular use) sets when she left me in Feb'12 from my residence of kolkata.Other 3 sets were kept in our native place with our parents.Out of these 3sets one costly neck-less which I gave her at the time of marriage.In March'12 she demanded the entire 3 sets but we refused to give neck-less only but they insisted on entire 3 sets.We have poor knowledge about the law.Now when we want to give them all but they are not willing to take back those and alleging that we are not giving them. Is there any way to avoid the Sec 406 ?
2)I have no immovable assets in my name.I live in my parental house.Should I transfer my heritage house to my mothers' name to avoid right of residence under DV act ?
3)Shall I continue 3Nos of LIC Policy for my Son? or stop it.Its premium is about Rs.7,000/- qtrly.Or continue till lock in period.
4)Should I leave my job and a took a low scale job to give those greedy in laws low maintenance with the argument that I have to look after my over aged parents in my native place?
5)Should I inform Our SDM under 97 Cr.PC to establish that she is living with her parents according to her wish and I did not compel her to stay their or How will i prove that she has left me at her whimsical and greedy motive?
6) Since she has left for her parents in Feb'12 I have been sending Rs.1,500/- each month for her pocket money through money order.Will it favor anyway in future legal battle ?
ajay sethi
(Expert) 11 June 2012
you need to contact a local lawyer .
the gold ornaments given to wife at time of marraige constitutes her streedhan .
send her emails /letters that at time of marriage she had 7 sets . 4 taken by her and 3 lying in your posession . ask her to take it and give recipt that she has received all the gold ornaments
if you have no immoveabl assets in your name dont worry . transferring of heritage house in name of mother would not be a good idea.
continue lic policies of your son .
dont leave your job .
Adv.R.P.Chugh
(Expert) 11 June 2012
1. Consult a lawyer.
2. Protect yourself by pre-empting their false complaint by sending intimation to authortiies yourself.
3. If they do go ahead with complaint u/s 498A/406 - get an AB.
4. Send a legal notice to wife asking them to admit the articles that she has and take the rest.
5. Don't stop kids LIC.
6. Don't leave your job.
7. 97 CrpC has no application here
Adv.R.P.Chugh
(Expert) 11 June 2012
1. Consult a lawyer.
2. Protect yourself by pre-empting their false complaint by sending intimation to authortiies yourself.
3. If they do go ahead with complaint u/s 498A/406 - get an AB.
4. Send a legal notice to wife asking them to admit the articles that she has and take the rest.
5. Don't stop kids LIC.
6. Don't leave your job.
7. 97 CrpC has no application here
Kiran Kumar
(Expert) 11 June 2012
you have been given some good advice above, but you still need to visit a lawyer....its advisable not to take any legal step without the assistance of some local lawyer.
Sankaranarayanan
(Expert) 11 June 2012
Yes I do agrre with all above experts view
SAINATH DEVALLA
(Expert) 13 June 2012
Dear Mr Das,
Well advised by the above experts in all aspects.You must have already consulted a local lawyer,act according to him.
Shonee Kapoor
(Expert) 19 June 2012
Nothing left to be added.
However you should join http://forum.498a.org/ and start attending local SIFF meetings.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
