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Sahil (IT executive)     28 August 2012

Legal torture! experts please help!

Hello! I am from Mumbai, age 33, a buisness post graduate working at middle level, only son of parents, My Dad is retired goverment officer and Mom is housewife. My wife is graduate, age 30, working in local
company at middle level. Got married in 2009. arranged marraige, no children.

Till now there has been lot of painful suffering taken by me and my parents from the hands of my wife ( major attributes like short tempered, rude, harsh, big tongue, self obsesssed, disrespect) and her rich & politically powerful family like physical, mental, verbal abuse, mafia & legal threat. Even since past two months my flat has been hijacked by wife and not allowing entry to us, if I try then there has been verbal, mental and attempt of physical abuse along with life threat.


There has been three NC's raised to the local police by me against wife and her family members
NC-1 = Verbal & physical abuse, legal threat of wife's family by coming at our place.
NC-2 = Wife threathening of suicide
NC-3 = Locking my flat and not giving key and threat of life to me and my parents

Currently i am staying with my parents in pune since past two months(father-mother owned flat) while my wife & her few family members are staying in my newly bought flat. The biggest mistake I had done was I had
taken my wife's salary into consideration while taking loan due to which she became co-owner while i am the owner.
Please note for the new 2BHK flat, I had sold my existing (single owned) 1BHK flat, taken a huge loan, taken some financial help from my retired father but my wife has not given a single rupee. I am paying huge EMI on
my own till date. Even though she was working, i never took her money from day-1 and somehow managed household expenses, PRE-EMI (before getting new flat possession for one year), Flat rent (for one year) and EMI after moving to new flat.

From Sources I understand that she will not give divorce and will not leave flat, keeping me and my parents only option is to suffer humiliation.
 There has been no communication between us in this two months and more than six months or so there has been nothing even if we were staying together under one roof.
My advocate suggested to wait & watch, let them come to us for breaking things, it might be against us if we file a divorce case & may not get divorce as well as property

Could you please try to extend your expertise on below points:

1. Need divorce
2. Need my flat back to me as a sole owner & remove her co-ownership from the flat.
3. Wife & her family member to leave my flat immediately via Legal way.
4. Prevent entry to wife and her family members via Legal way in my flat till may be divorce decision to avoid abuse, threat, harassment, false legal aligation etc.

Humble request to all law expert brothers & sisters to please help me by providing your valuable suggestion/advice which in turn will give me more strenght to fight this legal torture. No matter what happens I will never quit & continue to fight.

In case of any query/clarification, please let me know.

Thanks!



Learning

 2 Replies

Sanjeev (Lawyer)     28 August 2012

I think that it is the right approach to wait instead of getting anxious and taking any wrong steps the laws are favouring women and she being your wife cant be taken out from the property. The main point at this moment is to understand what are they upto if they want divorce or they want to make you desperate to walk for a compromise.

In case you take any steps they would most likely entangle you in Dowry harassment cases etc that would be difficult to deal with so its best to let it go as it is going and as time passes there would be some developments.

rajesh (asdadad)     29 October 2012

 

I have a similar story  .... only thing is that my FIL is arrogant and he incites my wife to be highly career oriented and forget the meaning of good married life .. My wife is also somewhat imature , i dont know if she acts like that or she really is ... There are so many missing strings in our relationships which neither my wife nor her parents wants to focus upon ... We got married on 18th June 2011 and started our family life on 3rd July 2011 ( there was only both of us in Pune at that time while my parents were living in my 100 KMs away hometown) During marriage we didnt ask for any dowry neither we were in favor of that ... but from that day onwards , it was a complete torture for me .. from 3rd July to 29th Dec . she stayed with me only for 2.5 months and also in that period , her parents were constantly in touch with her through phone like they daily used to call her for 3-4 hours .... 

 

Then one day her sister told me about a job in Mumbai and asked me to switch to Core engg job from IT field .. Before my wife ran away on 29th Dec 2011 , 15 days ago she again called me and abused me for taking my wife to my parents place on weekly basis or  once in 15 days .. 

 

After my sucide attempt on 8th Feb 2012 , she returned back and got a job on 12th March 2012 but again she started complaining about her so called hectic schedule ..blah blah ... and when it was confirmed that she is preggy by 6 week and 6 days on 19th May 2012 .. she started creating scene and after 3 days she sent me a SMS telling me her decision to abort the child ... on 3rd June her dad , brother came and took her away to their place giving false promise of sending her back ... When I asked him to send her back he told me about his decision of giving divorce to me .. When i went their place for negotions , he threatened me and my father for lives and thrown us out ..on 30th June he came and took away all the househole items .. After this whole drama started off and he started abusing my parents, brother and me and asking my parents to force me to agree with his decision otherwise he would file DV cases , dowry cases etc etc... 

 

I sent her a lawyer notice for coming back to my home within 7 days on 14th Aug .. but her dad replied through a lawyer notice asking for a divorce .. I stayed calm for a month which irritated him and finally on 29th Sept he filed for a divorce petition in Buldana( MH )  court which recieved on 20th Oct and i am summoned to the court on 3rd Nov 2012 ..

 

 I have given just a summary of whole happenings here but for a further understanding of whole nonsense ,you can read my blog   .. And guide me 

 

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