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rising up again (FFF)     10 September 2013

New here ---- dv case .. plz help !!!

dear.. experts of this forum,

am new to this site... pl do read and help....

A brief of  my case :

- 8 yrs old marriage. Nvr cud develop good terms with wife because of her short temperedness, extreme mood swings, no s*xual life with her, no emotional bonding etc etc. Have been adjusting since then as we have a 7 yrs old son and wanted to give him a smooth life.

- Problem - We tried for mutual divorce but her parents and family asking for a huge amount of around 1.5-2 crores, which was totally unacceptable and hence i decided to go to the court. i have humdreds of her recordings - video and audio, whr she is fighting with my parents and me. She has been troubling them so much that my father is a heart patient now. We never ever asked for any dowry and am sure she would not go to court for the same. She earns around 40-42k every month from her job in a MNC. Everyday threatenings, fights, etc are making life hell at home.

- My Fault - Once she troubled my father so much that to make her stop doing so, my mother had to touch her feet and when i returned back from office, i hit her a slap. else, have never hit her ever. And being a punjabi, i use a lot of maa-di, behan-di in my talks which now has been recorded by her (i guess so). Am sure she cannot prove the hitting thing but verbal talks are recorded. Can these be used as verbal abuse ? I talk like this with friends, clients and almost everyone...not much...but yes, use it in between lines.

Also, as we are not emotionally/ s*xually involved since almost 5 years, i am in an affair since last 2 years which she knows abt. Now, i want to get a divorce and remarry again. Cannt spoil my whole life with her.

other than the above...have'nt done anything wrong to her. am still paying for her food, clothes and expenses. she stays in my house and lives like a queen... separate room - tv, ac, kitchen access servant, car, driver etc etc.

HELP NEEDED

- should i file the divorce case first, as she would never do that. she is happy with her life here.

- how bad it can be if we go to court ? would this verbal abuse land me in trouble ? what is the maximum punishment of verbal abuse ?

- would this adultery be a problem for me ? i read, adultery is'nt illegal with an unmarried girl. hence, can she still do harm to me on this. she can say she was mentally traumatised due to my affair etc etc etc....

- i have 2 properties, in my name - all self acquired. shud i sell them of gift them ? how to safeguard my assets.

- how can i get the custody of my son ? she has never taken care of him and my son is more close to me than her. let me know what are the chances and idea / suggestions on how to take this ahead.

wud appreciate if u can guide with a proper course of action.

waiting in anticipation..

 thanx

pankaj

 

 

 

 



Learning

 23 Replies


(Guest)

Y are u writing such a fake story that ur wife has abused u..say directly that u have an affair with a girl are bored with ur wife so want to divorce her ..and please don't show that u love ur son so want his custody ..had u thought of him u would have not entered in a relationship with another women ..there are hundreds of men who sacrifice for their children ..u r a selfish person with a rotten mind ..u need some moral advice not legal advice..

rising up again (FFF)     10 September 2013

sufferer 22,

you better shutup before u know it all. there are hundreds of things which you would never understand. why are u here then ? look at your story before calling me a fake. if you cannot do anything stay away. all people are not like you....  

dr g balakrishnan (advocate/counsel supreme court)     10 September 2013

sorry friend. so many years of marriage turned sour . there seems no accommodation between you both though you and she had a child.. Marriages are not done at first  meet, but after careful understanding is it not. yes you can move divorce but see whether you could patch up. if you have another lay in life yea, you can have an understanding sensibly after all the person came in your life knowing fully well that you are married person with a child. so please think over duly by your own proper wisdom.. regards..

mohan -fighter (Head)     10 September 2013

write more details...of ur case... whr it stands right now

mohan -fighter (Head)     10 September 2013

u shud hire a good lawyer !!

rising up again (FFF)     10 September 2013

dear Dr bala..

actually my case is very complicated. hence, cannot any one person for the same. wife does not want to adjust and leave her job and because of that the child is being ignored and left out. she fights with my parents and hence cannot even keep her. she asking for crores to settle this, which i dont have.

i canot leave my son at any cost and hence am here for help. plz advice on my questions if possible. atleast i am honest and sharing my faults too which i guess noone in this forum does. they just blame the wife and ask for support and  sympathy.


 thanks
 


(Guest)
Originally posted by : rising up again

sufferer 22,

you better shutup before u know it all. there are hundreds of things which you would never understand. why are u here then ? look at your story before calling me a fake. if you cannot do anything stay away. all people are not like you....  

Behave.


You talk like this.  Nobody will answer your question/will give ulta pulta advice intently, so behave.

rising up again (FFF)     10 September 2013

dear helping hand..

gave the answer to sufferer22... on what he posted on this query !! else i dont have to involve myself into all this..

if anyone cannot help, better not give accuse anyone without knowing all facts..

i am atleast being honest and accepting a few mistakes i have made... am sure many of the men here wud have made mistakes and nvr accept them.

 

anyways, do not mean to hurt anyone on this forum, so dont take this personally


(Guest)
Originally posted by : rising up again

dear helping hand..

gave the answer to sufferer22... on what he posted on this query !! else i dont have to involve myself into all this..

if anyone cannot help, better not give accuse anyone without knowing all facts..

i am atleast being honest and accepting a few mistakes i have made... am sure many of the men here wud have made mistakes and nvr accept them.

 

anyways, do not mean to hurt anyone on this forum, so dont take this personally

Ok fine

 

HELP NEEDED

- should i file the divorce case first, as she would never do that. she is happy with her life here.

 

Its totally up to you, you filing divorce will be first strike.  But once you get into legal web, very difficult to come out of it.


 

- how bad it can be if we go to court ?

 

You will lose money, peace of mind.  you might also lose your job.

 

would this verbal abuse land me in trouble ? what is the maximum punishment of verbal abuse ?

 

5-7 years in jail under PWDVA 2005.

 

 

- would this adultery be a problem for me ? i read, adultery is'nt illegal with an unmarried girl. hence, can she still do harm to me on this. she can say she was mentally traumatised due to my affair etc etc etc....

 

Either ways consider yourself to be fcuked.  Married woman or unmarried girl, having relationship with these is adultery, and is punishable under law.  Maximum sentence is 5-6 years in jail.  Your wife can file a case, and also that unmarried female can file a case against you and also claim maintenance under law.  If you dont pay maintenance, you will land up in jail.


 

- i have 2 properties, in my name - all self acquired. shud i sell them of gift them ? how to safeguard my assets.

 

I suggest, sell it off right away.  Transferring of property can also be done, but it depends on how faithful is that person on whose name you transfer your property.  So think n act.


 

- how can i get the custody of my son ?

 

Custody you can get if your kid tells he wants to live with you.  At 7 the boy decides and the court will order as per what boy decides.


she has never taken care of him and my son is more close to me than her. let me know what are the chances and idea / suggestions on how to take this ahead.

rising up again (FFF)     10 September 2013

dear helping hand,

 

thanks... a few things to ask...

 

 

- would this adultery be a problem for me ? i read, adultery is'nt illegal with an unmarried girl. hence, can she still do harm to me on this. she can say she was mentally traumatised due to my affair etc etc etc....

 

Either ways consider yourself to be fcuked. Married woman or unmarried girl, having relationship with these is adultery, and is punishable under law. Maximum sentence is 5-6 years in jail. Your wife can file a case, and also that unmarried female can file a case against you and also claim maintenance under law. If you dont pay maintenance, you will land up in jail.

but  i read it every whr - law books, online etc etc... adultery isnt punishable if done with unmarried female. how can it be punishable then..? even my advocate says, it would not be much problem..in court. plz clarify...  i am not worried abt the other girl...


- i have 2 properties, in my name - all self acquired. shud i sell them of gift them ? how to safeguard my assets.

 

I suggest, sell it off right away. Transferring of property can also be done, but it depends on how faithful is that person on whose name you transfer your property. So think n act.


  - how can i get the custody of my son ?

 

Custody you can get if your kid tells he wants to live with you. At 7 the boy decides and the court will order as per what boy decides.


she has never taken care of him and my son is more close to me than her. let me know what are the chances and idea / suggestions on how to take this ahead.


(Guest)

 

Originally posted by : rising up again

dear helping hand,

 

thanks... a few things to ask...

 

 

- would this adultery be a problem for me ? i read, adultery is'nt illegal with an unmarried girl. hence, can she still do harm to me on this. she can say she was mentally traumatised due to my affair etc etc etc....

 

but  i read it every whr - law books, online etc etc... adultery isnt punishable if done with unmarried female. how can it be punishable then..? even my advocate says, it would not be much problem..in court. plz clarify...  i am not worried abt the other girl...



- i have 2 properties, in my name - all self acquired. shud i sell them of gift them ? how to safeguard my assets.

 

  - how can i get the custody of my son ?

 


she has never taken care of him and my son is more close to me than her. let me know what are the chances and idea / suggestions on how to take this ahead.

All explained, rest contact a good criminal lawyer. And I pity that girl as well as you.

rising up again (FFF)     10 September 2013

helping hand,

i meant.. i trust the girl...and not worried about her going against me.. just am worried abt this current problem...

Ranee....... (NA)     12 September 2013

if your wife proves your adultary then forget about divorce. She can file DV case on you once you start litigation from your side.Moreover she can ask for residence right in your house.

rising up again (FFF)     13 September 2013

ranee...

what did u mean by "forget about your divorce" ? u mean...if the court will not grant me divorce, if even we cannot  live together..and force us to live in the same house..???

 


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