Rahul-0007 (Others) 12 February 2014

How else can my wife torture me during divorce proceedings?

How else can my wife torture me during Divorce proceedings?

Basic Background: I am from Kolhapur and my wife is from Nagpur, but I was in USA for last 12 years and just returned back in Jan 2013. She has done M-Tech from IIT New Delhi and is a Class-I officer at Govt. of Maharashtra making 9.5 Lack salary per year (+ many more under that table), where she wants to transfer the case to Nagpur. Currently I am unemployed. Also I had an accident in 2003 and at first she totally denied all the allegations that I was ever in any accident, so I provided the discharge summary from Scott & White Hospital, Texas. Now their new allegation is that the accident was in 2003 and I have totally recovered.

Husbands (Myself) Medical Condition: Had accident in 2003. Underwent a OPEN HEART SURGERY + Artificial Graft attached to my heart for Aneurysm + ROD in the right leg + Surgery for Hernia in 2004 + Bed Sour on Left Feet + Severe HEAD INJURY.

GROUNDS FOR DIVORCE: Mental and Physical torture. For Physical torture, made a Police Complaint in Baltimore in Jan. 2011, After she returned to India in Jan 2011, we have been separated for last 3 years, but for the 1st birthday of our son (April 2011) she refused all my family members to come to Nagpur for visit; Comparing her husband worse than Indian clerks or waiters (have her emails as a proof) She has created many fights among my brothers + Sister-in-laws, she goes to our relatives house and bad-mouth about us. She forced me to buy her Gold + Diamond + Emerald + Ruby jewelry worth thousands of US Dollars on my credit card and now she claims that they are all fake from USA (What Bull $hit!!!) + SHE CANNOT LIVE WITHOUT LYING, and she lies all the time even now she is lying under oath in the Court of Law….period!!!…and the list goes on and on………………

QUESTION:

1. She left USA in Jan. 2011 & now in Jan. 2014, we have been separate for 3 years already, and I heard this somewhere online: “””Dear questioner the offence under section 498A can be filed within 3 years from the incident. DP case can be file within 2 years and DV can be filed within one year.””” So basically we have already been separated for more than 3 years, so what other FAKE charges she can use against me to put me in jail or torture me?

2. She is Class- I officer and earns 9.5 Lacks per year + 5 to 7 Lacks undocumented as BRIBES, so is she entitled to maintenance, especially when husband is unemployed?

3. How much maintenance approximately will be allotted to my son, especially when father is unemployed and is partially handicap, with Artificial Graft attached to his HEART and has a rod in his right leg?

4. IMPORTANT: With the Marriage Amendment Bill 2010, (still to pass), she is entitled to 50% share of ALL (land/plots+gold+car+house..etc) from the husbands property or just the 50% share RESIDENTIAL property?

5. Also I was in USA for last 12 years so all the plots are in my mom’s name, so can she claim share in the property which is in my Moms name?

In spite of all the poor medical condition that the husband is into, the judge clearly told in his last hearing that all the laws are leaning towards wife, so most likely the case will be transferred from Kolhapur to Nagpur.

Please Sir, if anyone can answer my questions, that would be great. GOD BLESS YOU ALL !!!

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4 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 12 February 2014

Dear Querist

as per your information my opinion on your queries are as under:

She left USA in Jan. 2011 & now in Jan. 2014, we have been separate for 3 years already, and I heard this somewhere online: “””Dear questioner the offence under section 498A can be filed within 3 years from the incident. DP case can be file within 2 years and DV can be filed within one year.””” So basically we have already been separated for more than 3 years, so what other FAKE charges she can use against me to put me in jail or torture me?

Opinion: it is true that there is a limitation to file cases as mentioned above after that court shall not take cognizance on that type of cases.

2. She is Class- I officer and earns 9.5 Lacks per year + 5 to 7 Lacks undocumented as BRIBES, so is she entitled to maintenance, especially when husband is unemployed?

Opinion: if both the parties are hindu then husband can claim maintenance from her but there should be a pending case as per Hindu Marriage Act otherwise not. when she is earning then she can not claim maintenance from her unemployed husband.

Opinino: its depend on the facts and circumstances, boy's requirement, his age, study, medicine, cloths etc.

Opinion: this bill is not law yet, so no need to worry about it because future is uncertain.

5. Also I was in USA for last 12 years so all the plots are in my mom’s name, so can she claim share in the property which is in my Moms name?

Opinion: no, she can not claim any share in the property which is in the name of your mother.

Feel Free to Call

stanley (Freedom) 12 February 2014

@ author

For maintenance you have to prove to the court that you are a destitute and dont have the capability and ability to work and earn due to your disability and can claim the same under HMA 24 provided you are both hindus and your marriage is performed under the hindu marriage act .Its up to the court to award the quantam of maintenance based on your and her cost of living as well as earnings .

As for grounds for physcial torture she has to prove the same with a medical report . Her submission of a police complaint in baltimore is of no essence as indian courts dont have jursdiction to summon the police from baltimore to prove the same :-) . Hence relax .

fighting back (exec) 12 February 2014

@stanley......cant the author instead claim maintainence from his wife? just a thought. becuase he is bed ridden and unable to perform any sort of work...so wont this work for him

Rahul-0007 (Others) 12 February 2014

Dear Members of LawyersClubIndia,

GOD BLESS YOU ALL !!!

Just one correction with Stanley Sir: I was the victim of Physical Torture and I reported it to Baltimore Police. I even send the pictures of the assault to my wife's father (in-laws), and just because I had been reporting him everything with "Proofs" (audio, video and pics), he blamed me of collecting proofs against my wife instead of straightening her acts.

I have all the pictures and email conversation of that.

THESE PEOPLE (IN-LAWS) HAVE NO HUMAN DIGNITY !!!