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Samuel (CEO)     26 November 2012

Need help - moving to court against wife unbearable actions

My Issue: I have been married 2 years wife lived with me @US for 6 months and I have a male baby child. Wife family expecting me to settle with their family otherwise they set me up on 498A and DV.

 

Here are the Traps from Wife family side:

 

1.       After 8 months my FIL posted letter to 4 of my family and relatives, stating DOWRY(10 papers) altogether worth 50Lakhs.

2.       In the letter, they stated all false information as DOWRY, mainly mentioned Gold and Land which I never seen …,

3.       They made a complaint in women commission and Police where they(Police and women’s commission) understand it is false complaint and they did not FIR.

4.       I mentioned in police station that I will take it to higher forum Court where my wife family withdrawn police complaint.

5.       After clearly understanding, this is fabrication and creating grounds for 498A after seeing the written petition to PS and WC.

 

Things I have taken as Measures:

 

1.       I have called for several family counseling where they never showed up.

2.       My church court, finally   produced letter condemning my wife family act and false allegations.

3.       I have reported the issue to PS (home town) and reported to protection officer( Home town) for family counseling.

4.       I have called thru various family and mediation for counseling but they never showed up( I have letter as proof)

 

My Questions:

 

1.       My FIL is govt servant working in top grade, Can I file RTI for TAX petition  for the DOWRY stated in letter?

2.       My FIL is entertaining Govt Quota of Claiming as HINDU,SC( actually he is Christian) my marriage happened as Christian. Can I claim in the court?

3.       My Wife’s dad and mom matrimony already on rocks for 6 years in court(Divorce and reunion). Where can I get this case paper is there any channel where I can get those information?

4.       Can I file Defamation case on the dowry letter?

5.       In the counseling (Women’s Commission), my wife accepted possession of gold is with her, can I use this as an evidence?

6.       I have been in rough times already deeply ditched by my wife whom I loved so much. I cant take it any more! Can I file Divorce? Will it be safe or can I file RCR, which is safe?

 

Kindly suggest me with your advices this will help me a lot! Thanks in advance.

 



Learning

 3 Replies

Nandha (NIL)     26 November 2012

@samuel,

 

As you have already faced the first hiccups i.e., your wife & her family's cruel intention, police station etc., and you have also decided not to live with your wife, thenno need to waste time on RCR, you can file for divorce directly and face the music.

 

Tajobsindia (Senior Partner )     27 November 2012

1. TEP is a very tricky worded issue now-a-days. Unless you have been properly guided with larger public interest wordings now-a-days AO (ITA) are rejecting TEP’s so be careful before you shoot one to AO (Ward).

2. Misrepresentation of Caste being Govt. servant is a serious offence. Collect good evidences and then proceed carefully on chewing his secured Govt. Job. It is doable.

3. You have to send an RTI Application to PIO, District Court where your In-Laws ordinarily live asking question “Kindly give me information in tabular form of case nos. / date filed / parties names / ongoing or closed status of such and such named litigant from all Family Courts / Matrimonial Courts falling under you”

4. Defamation casue action is little early a thought. Wait for the brew to boil little more. Well, if you are desperate then coax one of your relative whom FIL approachs to plant “idea of inserting News paper advertisement of Son In Law is dowry seeker and tortures wife….something on these similar lines” the moment it gets published in a news paper you have a sure shot case in hand under defamation Laws. Now how you coax your relative so that your FIL falls for the trap is your cup of task not mine now…

5. If you have true certified Copy from CAW cell of her such admission then it is golden bird you ever laid your hands on I will say. I bet you just seen her writing (signing) and don’t have actual document true copy !

6. Waiting little more and collecting more evidences is safest option right now as they are yet to peak and 10 alleged to be defamatory letters so far from her side in such short marriage is not the hotbed for you to act in assertive action. Patience is key when you yourself says they are seeing failures from Police to CAW actions they are constantly attempting to rope you in.

I suppose your 6 point query is answered ?

Samuel (CEO)     27 November 2012

Thanks Nandha for your advice. Divorce on the Cruelty ( CAW and Police station) complaint will work? So far No FIR and no cases from my wife side... Will this enough?

@ TAJobs: You are really Awesome and thanks bunch for your meticulous guidance, I don’t even get with paid lawyers here. Thankyou once again. God Bless.

I agree with All of your 6 points and I guess I need to do little homework. I have no intention to take vengeance on bread winner of the family. Besides having so many drawbacks from my FIL side he always claiming all false allegation and attacked me physically. I am always ready to forgive and accept but I need them to change in mind wholeheartly. I already did this mistake of accepting my wife after 9 months which resulted she added DV on topping of allegations and She has taken her Mangal Sutra(Thaali) hidden and claimed as she lost when we both together in the period of 1 month(8 Sov Gold). I cant even understand why such a cruel behavior! She in under strong influence of her mother, who already went thru these court Police DV 498.. already! Now its like a piece of cake for them to fabricate allegation once again.

I am strong and I always believe in truth and I am confident that no power in this earth can do nothing with all false allegation...., But I wanted to be defensive side.


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