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arunsharma   14 February 2015

Fighting back divorce against unscrupulous wife

My wife wants “DIVORCE” on the following grounds. But I want to oppose the same since she has filed many cases against me and my parents/ relations ( u/s 498a,125, DV Act). I also do not want her back and do not want to compromise unless she withdraws all the cases.

      Summary of my wife’s petition is as follows:-

i)      Desertion for about 2 years.

ii)            Demand of Dowry. All false allegations. No material proof .

iii)           Cruelty ( physical & Mental ). All false allegations. No material proof .

I married about 2 yrs back. No issue. My Husband and other inmates demanded huge dowry. Done tortures and cruelties from very beginning of marriage . They forcibly took all my gold ornaments and kept those in father-In-law’s bank locker .They continued mental and physical cruelties for more dowry. Due to continuous pressure and demand for more money my father had to deposit Rs. 0.70 lakh in my bank account and I was forced by husband to withdraw Rs. 40,000 for purchasing costly furnitures, washing machines etc ( which have not yet been returned ). No “Honeymoon” /other excursion trips took place (no night stay). One evening I sent S.O.S. call to my father. They rushed to my matrimonial house but they were rudely and roughly behaved using filthy and abusive words. I was subjected to fists and blows. My father tried to take me out but not succeeded. Next day they went to Police Station, and lodged a GD and with the help of police they rescued me. I was compelled to leave matrimonial house and go to my parental home leaving behind all my “Stridhan” gold articles (about 150 gm ) worth Rs.5.0 lakh in their custody.

A few days later my husband by SMS requested me to come back. I did not believe them and did not return. They never sent any money for Maintenance .They never contacted me.  I wrote to Police Officer many times for return of “Stridhan” including gold but he failed to do so. Finally, by court order gold from locker seized and returned after 10 months. This process caused immense harassment and mental torture to me.

She Lodged FIR U/s 498A/406/34 I.P.C + 3 & 4 of D.P. Act but no arrest of any body. All of us got bail. She has also filed case u/sec. 125 Cr.P.C. and got interim “Maintenance order”. Case under “Domestic Violence Act” also in process.

 

Under such circumstances, how shall I fight back ?



Learning

 3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     15 February 2015

Dear, Better contest the case on merits and thereafter you can file a case against her for defamation and 211 IPC ..... Make sure she don't win the case either and you don't give divorce as well.... Kapil Chandna Adv 9899011450

Senthil kumar (Recruitment)     03 August 2015

you also come up with your counter allegations with proof.

if you need divorce , mediate with any elders and file MCD.

Otherwise its a very cumbersome process.

i experienced that.

SuperHero (Manager)     03 August 2015

Sorry the post was 5 months old. If you have time share what has been done, so that others may benefit.

 


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