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WhereIsGod! (Engineer)     06 April 2013

Divorce filed by me and crpc125 is files by my wife

 

My marriage got registered in westbengal in december 2011 and social marriage happened in april2012 in west bengal. There after we moved to bangalore for my job. 

My wife used to harass me through different means like 1) She will commit suicide if I don't do what she wants.

2) She used to insult me on regular basis 3) She used to say in front of my mother that her ex boyfriend loves her maximum  4) She used to beat me when she used to become angry even though I didn't as she threatened me for filing 498a against me. Her parents also threaten me for filing 498a against me. 4) She told me that she will keep me as a parallel husband whereas she will get s*xually satisfied by others etc etc. 

After all these things she went to her maternal place on 25th dec 2012 as I became silent after all these harassment. Then I asked my FIL to come for mediation as I considered the above issues big enough. They came for mediation in my house where my relatives, some popular persons and some villagers were there. In front of all of them I told all the facts. Hearing all the facts, her mother used abusive language like "harami ka bachha" on me. Finally they told in front of everybody that they want divorce. I also told I agree with their proposal.

From next day they changed their voice. She started saying that she wants to stay with me(may be after consulting with their lawyer). It was not possible for me to believe on their decision. To confirm the same I asked them for another mediation. They didn't agree.

After few days they approached to our local police station and sent police to pick up my parents saying that they want mediation(Not- They denied on the mediation approach given by us but they approached to police for mediation).Next day my father went to police station for mediation. My wife and MIL and OC threatened my father and forced me to take her.

I contacted one lawyer in bangalore and as per her suggestion, I filed for divorce in bangalore on the ground of cruelty. After this event , police is continuously going to arrest  my parents without any case(I searched it in the court. As of now 498a or related cases are not filed). My parents are not able to stay at my house because of this issue. 

She has filed crpc125 in kolkata against me giving false statements about my salary. Also she mentioned that she is unemployed. She is also trying to transfer divorce case to kolkata.

On the above story I have few questions as given below:

On divorce case:

1) Most probably case will go to kolkata as now a days case transfer for  women is easy as discussed with my lawyer. In that case I will have to go for two cases in kolkata. Can these two cases club together in kolkata so that I need to go for one case only?

2) Voice recordings are allowed in court as a proof? 

For crpc125:

1) She has claimed that they gave around 200 gms of gold during marriage also spent around 10lac during marriage by taking bank loan(not mentioned that they gave me any money). I am not sure how much they gave. She has taken away everything when she went to kolkata. Nothing is there with me.

2) She also mentioned that she is unemployed. I know that she is working. I have her offer letter with me but no salary slip. I can proof that she used to work when she was there in bangalore. For getting money she might have left the job also. She is masters in economics from Jadavpur university, I am also masters in engineering. 

Please suggest me how should I proceed for this case. Please suggest me on steps to reduce/ nullify maintenance under crpc125.

 

I suspect that they will file 498a during hearing in court in kolkata. How should I be prepared for that? I can get AB from bangalore easily. Shall I take it?



Learning

 7 Replies

Adv k . mahesh (advocate)     06 April 2013

the cases will transfer at kolkata and you can request you lawyer to club both the cases 

and about maintence you have to pay and show your salary slip latest and bank statement as they may say you are earning mroe salary then you earn now and ask for more maintence from you 

and if they complain 498a case then you have to take AB 

Ranee....... (NA)     06 April 2013

if both the cases clubbed thn which 1 wil b given first preference or parallelly go?

(Guest)
Originally posted by : Arup Jana


 

I contacted one lawyer in bangalore and as per her suggestion, I filed for divorce in bangalore on the ground of cruelty. After this event , police is continuously going to arrest  my parents without any case(I searched it in the court. As of now 498a or related cases are not filed). My parents are not able to stay at my house because of this issue. 

 


She has filed crpc125 in kolkata against me giving false statements about my salary. Also she mentioned that she is unemployed. 

Get her salary certificate from her employer.  You can ask court to issue summons to her employer, to appear before court and testify.

 

She is also trying to transfer divorce case to kolkata.

 

On the above story I have few questions as given below:

On divorce case:

1) Most probably case will go to kolkata as now a days case transfer for  women is easy as discussed with my lawyer. In that case I will have to go for two cases in kolkata. Can these two cases club together in kolkata so that I need to go for one case only?

 

Dear..


It wont make much difference clubbing of both divorce and 125crpc.  It is extra work to the lawyer.  He has to prepare and come for both cases.  And it is upto the court timings whether it can hear both cases on a single date, looking at the number of divorce cases, only one case could be heard per day, either the divorce or the 125 and lawyer will be given a short date to attend. 


It depends upon how strongly your lawyer pleads to take both cases on a single day, one in the morning and one the same afternoon [as it is usually done everywhere]

2) Voice recordings are allowed in court as a proof? 

Yes, but police should verify it.

For crpc125:

1) She has claimed that they gave around 200 gms of gold during marriage also spent around 10lac during marriage by taking bank loan(not mentioned that they gave me any money). I am not sure how much they gave. She has taken away everything when she went to kolkata. Nothing is there with me.

 

You should have filed a complaint that such such artilcles of gold are missing from the house, soon after she left and thereby you could have had a certified list of articles she has taken with her to calcutta.


Dont worry, she has to produce VAT bill for all the claims [about gold] she is making.  Providing false bills can make her land behind bars.


If she is saying she spent 10 lacs you say you also contributed same share from your side to the marriage expenses.



2) She also mentioned that she is unemployed. I know that she is working. I have her offer letter with me but no salary slip. I can proof that she used to work when she was there in bangalore. For getting money she might have left the job also. She is masters in economics from Jadavpur university, I am also masters in engineering. 

U can summon her employer.

She will still be working, check out.


Please suggest me how should I proceed for this case. Please suggest me on steps to reduce/ nullify maintenance under crpc125.

Prove that she is working and earning money.  No need to pay her money as maintenance under 125crpc.
 

I suspect that they will file 498a during hearing in court in kolkata. How should I be prepared for that? I can get AB from bangalore easily. Shall I take it?

 

Anticipating 498a, take AB for you as well as your parents.

sourav (trainer)     06 April 2013

mr arup,

it was really unfortunate..but u have a point

I think transfering case will be difficult and time taking for her..

1. file RTI soon to find out details about your wife's employment status, and crpc 125 will be dismissed.

2. Since your wife is educated enough and was in service before marriage, she is not entitled for maintainance.

appoint a genuine pleader.

fighting back (exec)     06 April 2013

 

2) Voice recordings are allowed in court as a proof? 

Yes, but police should verify it.

For crpc125:

 

hi helping hand.........just wanted to ask you. as per your previous reply you said that the voice recording has to be verified by the police. but how will the police verify the voice recordings? what role has the police to play in verifying the voice recording. only the court can verify the recordings with help of forensics. am i right???


JASWANT VIJAY AGNIHOTRI (AIR ARMY)     07 April 2013

my case is same as yours is, as i think u did is correct and wait till the evidence stage and seach for the many judgements awailable to deny the maint, send me your e-mail id i will send u all and u take as u appreciate like yours...ok

WhereIsGod! (Engineer)     08 April 2013

Hi Jaswant,

Thank you very much for your response. My email id is arup_iitd@rediffmail.com

Thanks for your help!


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