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Ajay (none)     15 June 2013

D.v act & section 125 cr.pc

Hi All, 

I got married on 11 Oct'2011 and my wife and I came to Delhi after 10 days of marriage as we both were working in Delhi in MNC's. My started disputing for little things right after marriage. We relationship was just like a burden on both of us. She was never happy with me. Though I too had problems however my parents advised me that there is nothing much we can be done now as I'm married so just accept the situation so I started doing all the things for her. Like cooking, washing cloths and accepting all the willings of my wife but she was never happy with whatever i do. Somehow i carried forward the relationship by keeping myself mum and giving out my money like water.

My grand father was ill in July'12 so I received a call from parents at midnight that he is serious so If i want to come home to see him than i can come. so i discussed with my wife and she agreed and I left Delhi on 24th July'12 to hometown. My father and I started taking care of grand father. we addmitted him in a hospital so was not at all possible for me come back immediatly. I received a call on 3rd day tha when I'm coming back so told my wife that It will take 2 or 3 more day but she said she needs me back tomorrow morning but It was not at all possible for me to come back. I received a call following moring and my wife argued that why i'm not back. she simply told me that since I'm not back so I will see the results. I was already tired and occupied in hospital so didn't do anything. My wife switched off the phone so I couldn't talk to her.

I reached in Delhi on 29th and found that my rented flat was locked and there was no one who could help me. It wasn't even possible to break the locks due to center locks. so I called my brother in law and he told me that my wife has come to the their home which was in Punjab. So I returned to Punjab that night and when asked the keys from my father, mother in law, they simply denied. When i asked my wife she also denied the keys. 

I was left with no options so left for my home town and with that I had to leave the job as well. My wife was pregnent at that point of time. She came back to Delhi with parents and shifted all the goods and took meternity leave and went back to parents house.

 My parents and I called her many time but her mom and she denied to come back. They told us that she will come back after her delivery. A baby boy was born in Sep so my mom and I went and spent 8 days at my laws place and took both baby and wife to our home. 

My wife stays mum untill she was unwell. We were all happy and I was also so happy that atleast there is a peace now. but right after one month. she started saying that she will go back to Delhi again. I tried in every possible way to tell her that the back needs extra care so we should be at home takin care of the baby but she denied. Finally I gave up and i denied to come to Delhi by saying that i'm out job and all that but she told me that she will give the baby to someone and will go alone. I was shocked with her this decision. 

When she was almost all fine to come back she simply argued with me and called her mom and don't know what fake story she told her mom and her mom called my mom and her mom were both arguing on phone so out of fraustration I went ahead and broke the phone becasue that phone was the cause of all issues but within next half an hour all the relatives of my wife were at my home. moreover my mother in law also called police. there was no reason to call police though.

We all were called to police station in the evening and everyone from my laws also came from Punjab and were waiting for us at the police station. when police enquired about all the mess they found nothing but my wife parents took her alone with her and a "Samghotanama" was signed at the police station that my wife is goin with her parents and she doesn't have any prob with us and is not under any pressure and is carring the baby with her as well.

We couldnt' yet recoved from this mess, we received a woman cell summon from Punjab. so attended the hearing. My wife started shouting infront of the counslor. she started talking in heavy tone so people understood that this case can't be resolved here. so they simply them that go to court. The case was in our favour because my wife wanted me to leave my family and stay with her. I was ok with that but she also said wherever says goes i will have go alone and there was not point of leaving the family because they didn't do anything. so she started saying bad words for me.

Anyways we tried alot to sort this out by calling her parents or sending people to their home to find a way around but nothing worked. Now right after 4 month we recived 2 sommons from Punjab court 1 DV act and 2nd section 125 Cr.Pc. Though I wasn't home so couldn't accept the summons but my father accepted DV act summon and Section 125 hasn't been yet accepted as I don't live at home anymore.

I called my wife lots of time and discussed with parents as well so my parents said if we both are happy they are happy so I left home and came to Delhi and tired to paruade my wife to live together but she didn't not accept. She simply told me that come on hearing and than we will stay together and she never told me where she lives and where she works in Delhi. We talked on Phone for hours we her and found that there is not reason why she denying to live with me as felt that she still loves me and all that but she never told me where she lives. 

I some how came to know about the place where she was living so I went to that place and asked the propertly dealer about her so he told me that she has moved from the propertly which was hired through him so he doesn't know but she lives in same locality so I was so happy that atleast I have found her.

I called her while looking for her in same locality. She was in different moods all the time. I looked for her for around 4 hours in that locality but I couldn't find. in mean time We were talkin though phone. She will simply tell me go away and then phone off. she will again call and request me go away. she sometime was polite and was requesting and sometime rude during there calls. some time pretended as if crying. but she did not give any specific reason as to way she can't meet even in near by part.

When she finally called me and threatened me that if I don't go back she will call my father so i though she will make some issue so I said ok i'm leaving but when i was come back a shopkeeper called me asked me whomi was looking for so I showd him her picture so he told me that she lives in a flat and he knew tha address and he also told me that she lives with a guy and also lots of guys come to that flat in night time so I was shocked and really feeling bad. and I cound't believe that so just wanted to see just to ensure if he was right or not.. shopkeeper told me that there is lots of police at that flat so don't go. but I didn't care about the police so I straight away went to the flat and found that it was my wife. Though I didn't find any guy but it was my wife who was there. she was living in flat which she can't afford.

Now I don't know what to do?? My father has hired a lawer and lawer says that I don't need to worry about anything she will take care of everything but I'm unable to recover.

What should I do? Please Help.

Its my humble request to guide me If you could. If not than please don't make fun. Thanks a lot in advance.



Learning

 1 Replies


(Guest)

When things were not well between you, how come you got her pregnant?  That is a question now for you to answer.


Things you should do.


1.  Dont go back to your parents house as your wife has filed a DV case against you.

2,  Take certified copies of that samjothnama from police station, file it in magistrate court where DV case is running.

3.  Get in touch with that shopkeeper, collect evidence of her adultery.  Ask him if he can give evidence by coming to court.  Try to follow her yourself as to know about her said activities, take photos, VDOs to prove the same.

4.  If you want to reconcile with her, then ask for mediation in the magistrate court, and they will do mediation, as you have a kid from the marriage.

5.  If you are not ready to reconcile, then if you have enough proof of your wife's adultery, then file a divorce pettion based on wife having adulterous relationship.


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