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Struggler (Senior technical associate)     05 April 2014

Need suggestion

Hi,

I have married to this particular woman on 22-May-2011 and was blessed with a baby girl on 22-Apr-2012 from then she has started troubling me all the ways (Political Power and From police). That she will not come to my home until I stay separate from my parents. Even she has tried to lodge a 498a complaint against me and as she has was not staying with me and couldn't able to provide sufficient proof police have not agreed to book complaint. Now she is staying with me and has left my kid at her mothers place and now they are demanding that I have to stay separate from my parents.

What I would like to know from you is how can a file a divorce case against her (currently she is staying with me) because this woman is torturing us like anything we should not a single word at home if we say anything she blackmails us that we are doing domestic violence against her.

One thing I want to make clear that I am not going to stay separate from my parents as they are 60+ and have struggled a lot to bring me up and have not a single penny for them selves.

Thanks,

Struggler



Learning

 8 Replies

Gautam Kapoor (IT professional Studying Law)     05 April 2014

Since she has made her intentions clear 498, DV is on the cards, sooner or later.Also, probably she is still staying may be to gather proofs - so you need to be extra vigiliant here. A divorce from you will make the matters more worse with DV/498 and maintenance to follow.Sorry cannot advise any thing concrete, but keep your calm and watch/record her actions for some time. This will help you take future steps.Consult a lawyer if things should go out of hand.

Struggler (Senior technical associate)     05 April 2014

Hi Gautam,


Thank you for your reply. Gautam two months back when she actually planned to leave my kid at her mothers place(with out informing me) I had a conversation with her which I have recorded she blackmailed me that she will commit suicide that if I don't agree if what she says on how to treat a kid (she wants the kid not to be taken out of house and has to be kept at home all time she should not go to neighbours house). Also in a conversation during first  week of last month when I tried to check why she has left kid at her mothers promise with out prior intimation to me. She said that we are not taking proper care of the kid so she left the kid there and when I said that I will go legally to get kids custody and said that my death will sort out the issues and shouted you die... you die (I have even recorded this conversation too).

Today my father have reached her father and asked when he is getting my kid back he said that he will not bring the kid until my parents stay separate from me.

Gautam, what rights I have on kid can I get my kid to my home legally.

Thanks,

Struggler

 

 

Sashvitha (xxxxxxx)     07 April 2014

Dear NS,

               I not a lawyer but I would like to suggest you something related to your problem.

First of all ask your wife why she wants to live sepatately without your parents? Thinking from the woman's point of view she may be feeling ignored by you or not having enough interaction from you( just assumption ok).

Sashvitha (xxxxxxx)     07 April 2014

Dear NS,

               I not a lawyer but I would like to suggest you something related to your problem.

First of all ask your wife why she wants to live sepatately without your parents? Thinking from the woman's point of view she may be feeling ignored by you or not having enough interaction from you( just assumption ok).

fighting back (exec)     07 April 2014

@struggler........give an intimation in detail to the nearest police station and the womens protection cell of the threats received, dont waste time. first hire a lawyer, be prepared for cases like 498 and DV, start depositiing some money in her account right away in regular intervals, that will save your skin in 125 and other maintainence cases. be mentally prepared for DV and 498, first things first. hire a good and trusted lawyer,

Adv k . mahesh (advocate)     07 April 2014

well said above ......

here we can understand from your wife point of view is that she wants to stay separately  but do not want to leave their parents either so

1. give a formal complaint that you wife is at fault and she is harassing whole family without any reason and even not coming to doctor for check up and even her parents are not cooperating in this matter and giving threats and they had taken back your kid without your permission when you are at office  [ if she is not coming to your terms you take some initiative to solve the problem]

2. even if you have a discussion with your in laws their will be no solution so for a change for some time take a rent home near to  your parents house which would not be far enough to take care of your parents and see if her behaviour changes but for some time and in that mean time try to solve the issue with her show your talent if both of you are staying separately what problem you can face 

3. for a change try her to do a job 

Struggler (Senior technical associate)     07 April 2014

Dear Sashvitha,

Thanks for your suggestion but what I would like to bring to your notice is she wants more than the attention she wants me to be her slave wants all the property I have to be on her name and she is very clever in making those demands.

Also it is not that she has this demand from starting but it started since she went to her parents house for delivery now you tell me with out staying with me at my home for a whole day after delivery and this particular woman leaves the 4 month old kid who need a mothers feed comes to same place where I live and stays in a hostel and resumes her work and even I was not aware of this and I don't think it is mandatory that she should intimate me of her stay at hostel but on what basis she goes to police and complain me that I am demanding dowry.

I have left all those things behind and allowed her to come to home and I have tried to give her attention but she is not eligible for that and I am saying this is let me explain one instance on one particular sunday this particular woman left for some training leaving kid at home and unfortunately my kid started suffering with high temperature I immediately went in search of a open hospital and as I could not able to find the hospital I got some medicine which doctor has suggested on phone and by the time I came home this woman has fought with my mother and sister and do you the reason for that?. It is because my kid was crying to go to my mother and this particular woman has not allowed the kid to go to my mother and kept her to cry and even she use to beat that kid if she wants to go to her grandmother.

She never allows the kid to play she always keeps the kid in bedroom and never allow her to come out of bedroom and even she hates the kid getting close to her father.

Thanks,

Struggler

Struggler (Senior technical associate)     08 April 2014

Hi Ramesh,

Thanks for the suggestion I want to bring to your notice few things.

She is already working and you have suggested to take a house separate two months back i almost started looking for a separate home and on one day for very small reason she had a big fight with me. I have just asked her can't she go to nearby shop and bring the things that are not in home instead of calling me when I am at work and say that that the things are not at home even I have started the argument and I have realised that it is better to stay calm instead of fighting with her and she never left that and started including each and every one in the home and started scolding using bad words. I can go separate but I am very much confident that she will definitely harass me to make property on her name and her parents will start coming to my home and will definitely make situation much worsen now when I am staying with my parents I feel unsecured because she has twice forced me to break my head and she never had a concern for that.

Three weeks back when I called her and asked her to bring kid back or I will go legally to get my kid back then she shouted at me that If i die everything will be good.

Thanks,

Struggler


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