Hi, I m a physio therapist and my wife is a pharmacist. She is earning Rs. 18000 pm. My case details are as under.
24/6/2007. I got married
8/6/2008 my wife left my home at her own and took all her belongings and our jewelleries too.
26/6/2008. she served me a notice stating that I and my parents have harassed her a lot, including allegations of me taking half of her salary every month. And my parents making her do all household work. And also stated as she did not want to break her home she wants to live with me alone, not with my parents. (that was her primary desire since marriage)
28/6/2008. I replied thru a hand written letter that I deny all the allegations by her. And I am not ready to live with her alone away from my parents.
5/7/2008. I received a letter by her advocate that she has arranged her own house near her parents’ home and I shud join her there.
22/7/2008. I again replied by letter that I am not interested to join where she lives. And I also stated that its her duty to live where I live in whatever condition I live.
26/8/2008. I received a notice with allegations of dowry and physical-mental harassment to her, stating that I should return her 8,00,000 rs of dowry (which was never given) or they will file FIR.
1/9/2008. I replied to her notice (by advocate this time) stating that all allegations of dowry, physical and mental harassment etc are false and she should come back to join my house as her duty and right.
3/1/2009. I again sent her notice through advocate to return back to my home otherwise we will file RCR thru section 9 of HMA. They receive this notice on next day e.g. 4/1/2009.
5/1/2009. She filed an FIR under 498 A which included allegations of dowry demand and physical mental harassment.
22/1/2009. police arrested me and parents and we got the bail within an hour.
23/1/2009. we filed an RCR suit in family court.
13/7/2009. they replied to our RCR, that she was threatened by me to death, and to burn her alive for dowry demand that’s why she doesn’t want to join me or my home. (this thing was never mentioned in any previous notice or not even in 498A FIR). In her reply she continued all other allegations but this time also added my extra marital affairs with many ladies. (even this was never mentioned in any of previous notice communication)
4/8/2009. she also filed crpc 125 for maintainance. She accepted that she earns 18000 per month but stated that I earn 150000 per month (I have never seen such a big amount in my life). So she needs maintenance of rs 45000 pm. In this petition she stated sum of all allegations till now.
8/11/2009. she filed a domestic violence case against me. Asking for maintenance and Rs. 20 lakh compensation for harassment and one house for living.
9/3/2010. this was the day for my cross examination in RCR section 9 case. I was fully prepared to face her lawyer’s questions. But to all my surprise she submitted an affidavit stating “I am ready to live with my husband, I feel since last few months that he needs me. I want to join him from today only.” And I really did not want her back after so many false cases. I was just dumb in front of judge and my advocate was also surprised by this affidavit. My advocate asked for 3 days time to judge.
12/3/2010. As per my advocate’s advice I withdrew RCR stating an affidavit that now circumstances have changed and we are planning to file a divorce petition. So my RCR was withdrawn.
19/3/2010. we filed a divorce petition taking the ground of cruelty that she made on me and my parents thru all false allegations, complaints and cases.
My questions are…
- what will be the fate of my case/cases?
- I will have to give her maintenance?
- How much more time will be wasted to get rid of her? And in fact, would I be ever able to get rid of her?
Please note that I have preserved all copies and originals of my notice/letters and hers also.