LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

VJVJVJVJVJ (Professional)     23 December 2011

Harrassment

I am in troubled marriage. I have applied for divorce a year back and my wife filed maintenance and RCR 8 months ago. We have never lived together but still there was cruelty from their side, so I applied for divorce.

I had gone to attend mediation for her maintenance case to her native (she filed in her native). When I was coming back after attending court, she was not leaving me at all. Wherever I used to go, she used to come, including to loo. She was saying she will come with me only and will not leave me and If I dont take her, she will consume poison. When she dint allow me to leave court, I straightly went to police station with her. But police did not entertain saying matter is in court they cannot help and they advised her to go back and leave me to go alone. But she did not listen. I waited till 9.30 PM and as darkness was increasing her relatives strenght was also increasing. I got bit scared since I was alone to go there. Every one was threatening me of consequences if I dont take her. So I decided to somehow escape from her native and come to my native. So forcefully she came with me and we reached our native at 1.00 am. I took her to police station but they also sent us back. Next day again i took her to police station and with help of some people, I ensured that she goes back to her mother's place. Again infront of the police station also, their relatives crowd was scary and furious. I am bit scared. I am prepared to fight all court cases in court itself not on the ground. Please advise me what shall I do in this situation.

 



Learning

 8 Replies

**Victim** (job)     23 December 2011

You can seek divorce on grounds of your wife's cruelty on you question is are you willing to pay her maintenance ? No matter what she can seek maintenance under sec crpc 125 until she gets remarried.

K.P.Satish Kumar (Advocate)     24 December 2011

File a injunction petition in the main divorce petition to restrain your wife from interfering your peaceful life.

Visit: https://yourdivorceadvocate.blogspot.com

email:- divorceadvocate@aol.in

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 December 2011

These are normal repurcussions of failed marriage.

 

Face boldly.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

VJVJVJVJVJ (Professional)     31 December 2011

Dear Members,

After above incident, I have filed for injunction petition. But court has ordered for respondent appearance instead of staying.

In the meanwhile, I have come to know from informal channel that my wife side are planning to file 498A against me. Following are some points

1. My divorce case is pending in court since one year and is at the stage of evidence

2. Her Maintenance case is pending in court since 5 months and at evidence stage

3. Her restitution case is pending in court since 3 months and at await summons stage

4. My injunction petition is pending in court since few days and at respondent notice stage

5. I dont have parents and I stay alone in my home. Me and my wife never lived together in that house. My sister and my bro in law stay in same city where I live but they do not stay with me, neither they have talked to my wife since one and half years.

 

In the above circumstances, Please advise me

1. Whether they can still implicate me in 498A

2. Whether they can file 498A complaint against my sister and my bro in law, who never stayed with me in same house and never stayed at a place where my wife lived.

3. Pending injunction petition, can she still trouble me by coming to my home and creating ugly scenes around there.

 

Please also guide, what preventive actions I have to take to avoid 498A implication to me, my sister and my bro in law.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 January 2012

Yes, they can still file 498a amd you would need to seek bail.

 

Also, as long as there is no stay granted, she can try to get into the house.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

rajiv_lodha (zz)     01 January 2012

Read 498a survival Guide & attend wkly SIFF meeting nr ur place

VJVJVJVJVJ (Professional)     02 January 2012

Please guide me how can I avoid her getting into my house, even if I do not get stay. Also help me to prevent 498A.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 January 2012

You can get injunction against her.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register