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Rosa angel (house wife)     22 February 2011

need an answer

one of my frens husband is demanding an amount of 50k which is half the present house advance and forcing her to vacate the house if she cant pay him.and he is sending very disturbing messages to her.she is now mentally upset with this.n also he is forcing her to sign divorce papers n not to bring any one in this issue as it was a love marriage.can she go for a legal help with these messages and can she file a dowry case ?if so within which period need to be filed.as i have heard after 7 years of marriage we cannot go for t?as she still as the same affection towards him she is trying to get compromised for which he is not all co operating n threatmning her saying if she makes anyone tyo enter this issue he ll commit suicide.

need an answer urgently 



Learning

 14 Replies

Tajobsindia (Senior Partner )     22 February 2011

@ Author

You may suggest them;


1.
Involvement of a  "neutral" extended family members as 'family mediator' to resolve "internally" the issue in hand with "reasonable mature reasoning given to him". Seems he is under some kind of financial planning stress. Even if a loan from her side (means her family) gives to help this couple tide away current financial crisis, then it should not construe as dowry demand post 7 yrs. of marriage and Hon’ble SC's catena of decision are in his favor. However, legal remedy shall be sought as only as a last resort is the idea here.


2. If these all fails after giving "due dialogues as in communication channels shall be kept open" then come back and post stating "all dialogues failed he is adamantly standing on the ledge and about to jump off!".  Wonderful compassionate female writers here will suggest a way out in real time.
Reasoning: Brief shows that your friend still respects and loves him unilaterally and for this post 7 yrs. immature demand of home finances kitty bring 50 K four walls talks of them, if she approaches here via you for some legal remedy then later on she may not become a part of his life, means she may close this marriage and it is going to be a very tough decision the lady shall be asked to take when that final call stage comes hence para 2 is suggested.

All the best to the lady friend of yours to resolve 'internally' their issues.  

1 Like

Tajobsindia (Senior Partner )     22 February 2011

 

Ha ha Prabhakar gurudev

Aap DV lagva ke hi manogi iss lady ke dwara. Arey guru ji eik mauka toh do usko aur uske ghar walo ko 'akhiri baar samjhaney ka apaney pati ko". Long drawn battle can she withstand after being in unilateral love towards him for another 4-5 years.

Anyhow your advise is actually a pure legal remedy advise hence I leave it just to that.

 

1 Like

Arup (UNEMPLOYED)     22 February 2011

·        one of my frens husband is demanding an amount of 50k which is half the present house advance

First of all, whether the said husband informed about the house loan/ advance and took permission/ consent from the said wife in regard to share the burden arose from the house loan/ advance from his wife? 

If yes, - the wife should bear it, otherwise it is her option, to pay or not to pay.

1 Like

Arup (UNEMPLOYED)     22 February 2011

·        forcing her to vacate the house if she cant pay him 

It is not much fair. D.V.  act & 498a may attract.

1 Like

Arup (UNEMPLOYED)     22 February 2011

·        and he is sending very disturbing messages to her. 

It is definitely mental cruelty, if the wife already not assured him to pay the said amount.

1 Like

Arup (UNEMPLOYED)     22 February 2011

·        she is now mentally upset with this.n  

- Quite natural. I think both the spouses are mentally upset. 

·        also he is forcing her to sign divorce papers n not to bring any one in this issue as it was a love marriage. 

It is a childish demand.  By a third party intervention, it will be easy to realize by them, that divorce is a separate issue. It can not be obtained by this way.

1 Like

Arup (UNEMPLOYED)     22 February 2011

·        can she go for a legal help with these messages and can she file a dowry case ?

Yes she may go ahead. But this will ruin all possibilities of reunion. This step should be taken when she lost all hope. 

·        f so within which period need to be filed.as i have heard after 7 years of marriage we cannot go for t? 

That is for dowry complains. First of all let her decide whether she has lost all other options & hope.

Arup (UNEMPLOYED)     22 February 2011

·        as she still as the same affection towards him she is trying to get compromised for which he is not all co operating n threatmning her saying if she makes anyone tyo enter this issue he ll commit suicide. 

- This is a childish demand.

It is very positive that the wife has the same affection/ attraction to him. I hope the boy also the same. His tune shows that he wants to keep the matter in between the spouses. I feel much more mental dependence of one other are there. He expected too high. I also hope that there is no interference of second female in the matrimony. Therefore it can be solved amicably. Try on that line, without disturbing him.

Rosa angel (house wife)     23 February 2011

All these mental harrassment started with her after she discovered his affair of his husband with  a girl.she actually spoke to him regarding this.but even after that he continued doing t for 2nd and 3rd time.later she approached her parents about this.they even came for compromise not thrice but after that he started sending such messages n asking for divorce n threatning her that he would kill himself if she continues staying with him or brings anyone for compromise.what should she do in such situation??they both don even have any sort of physical relation though she is staying in the same house with all his torture mentioned earler.

Rosa angel (house wife)     23 February 2011

Please reply to the above

Ambika (NA)     23 February 2011

Considering all these factors, yes, a DV case. I totally agree with Mr. Prabhakar. Ms. Rosa Angel.


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