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Abhishek Sinha (Officer)     17 October 2011

Domestic violence

In feb 2010 Parents and kin of my wife influenced her to withdraw all the money from our joint account and transfer it to her sisters account. After that i filed a petition under the IT act since it was done using my card and netbanking. Nevertheless, the petition was returned by the state adjudicating officer saying that the provisions of the act are not yet implemented. But i tried to reconcile and did not go to the appellete authority. Anywayz things never worked out and my wife's misbehaviour increased. She left the house for her parents house again in Sep end. I went to pick her up but she refused. Now she has come bk to bangalore, to our house. But i m insisting that her behaviour improves if we hav to move forward. Now It appears that she is planning to move the court on some or the other pretext. Under these circumstances what all legal actions can she take and how can i protect myself ? I have written signed records of reconciliation meeting that we had and letters that i wrote to her father describing her behaviour.   



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 8 Replies

ajay sethi (lawyer)     17 October 2011

she can move under domestic violence act claiming right to maintenance, right to stay in shared household , compensation .

she can also file complaint under section 498 a against you and your family members for demand of dowry . iif she files complaint under section 498 A make an application for anticpatory bail

Abhishek Sinha (Officer)     17 October 2011

but i am not denying her the right to stay in the household, and she is employed and earning so what maintenence ? 498 for what..itz me who has been robbed ? 

Adv. Subhadeep Saha (Lawyer.)     18 October 2011

Let her initiate any action against you. then accordingly we will advise you about your defence. seek the advice of your concerned bank manager about the money withdrawal matter. as you said you have a joint a/c with your wife does she has joint operation right with respect to that a/c? was the transaction right 'either or survivor'?

Alok Tholiya (self employed)     18 October 2011

If u see record of last many decades if the stove used to blast and if some one used to die so that was only bride. So a tough law has come. You have following options:

  1. U had gone back to get her back. And she came back. That says that there is a lot of hope. If u have nothing to hide ( physical disability not told to her before marriage) , no other relations, no demand of dowery then go to her boss, talk to stalwarts of her family and convince them that both of you need counseling for improving relationship.Find best of counselor. And both sholud be open minded. Many a time there r small irritants remove them instead of making them a ego issues. 
  2. Keep all evidences, records,recordings for use in case things dont materialise.
  3. Good u r learing abt other law points. Awareness helps. 
  4. If u think finally nothing is working out and u always have been on right side then give consent divorce humbly but if u r on wrongs then pay off handsome price and get rid on problem invited by you. 
  5. Or elese finally DV and 498A. 

(Guest)

first you throw her out... in dv act wherever she stays she claims her own... second under false 498a your whole family members including sick, langda and loola will be behind bar and bail costs you more than your joint account...

she had withdrawn account ask for details, if not lodge for cheating under 420... she cannot escape with mischief under marriage... be clear marriage is totally different from cheating... you need to stress prove this under evidence in court...

if she has already gone this much... she is talking money and you are bound to run around courts paying lawyers for several years... let better sense prevail and handle her patiently wherever possible otherwise tell her that the family will be ruined paying lawyers... dont pay her and dont let her family enter your house... or influence her... its better she goes to her parents house... even if you have to pay maintenance court will allow bare minimum...

Abhishek Sinha (Officer)     18 October 2011

Thnx everyone! I guess for now i'll wait for her to initiate some legal action..

AAAAARRRRK (Others)     18 October 2011

@Zeeshan - Golden words -> "We indian man are born criminals. And indian girls are born "beti of harishchand."

Carmin Moore (Best criminal lawyers)     19 October 2011

In other part, I think she can do that, cause she is legit. But come to think of it, it was not right as a person.

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