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Deeply Hurt (PM)     09 October 2013

Please help

Hello Experts


A brief into my life history.

 

Got married in 2009. Did not demand dowry or take any dowry in any form. Wife however came wearing jewels (around 50 sovereigns). From the beginning their parents were asking me to stay with them in their house but I refused. We have a 3yr old girl baby.

 

Recently she has taken all jewels (including jewels bought by me after marriage & my personal jewels like rings chain etc) and both of our certificates and gone to her parents' house. She's refusing to come back when I went to call her and her father is threatening to kill me when I had gone there. So I took my parents to talk to them. They are refusing to send her back. Finally they agreed and when I took her to my parent's house they gave a false complaint in police saying we've kidnapped her. In the police station she said she wants to goto her parents' house for few days.

 

After going there, they've given one false complaint after another saying I'm beating her, having her certificates & having many affairs with other women. Now finally they've filed a FIR under dowry harassment section 498a & 506(ii)

 

I applied for AB in high court, the judge asked both of us to appear on court and heard us out. I told him they're giving false complaints and showed him some proofs of her interaction with me. Finally he said we both should go for counseling. Now mediation happened thrice but her parents are fighting even in the mediation room. My wife even shouted obscenities at my mother and even threw a sharp object on her. So I asked the mediator to ask her if she wants to live with me or not. She's saying that she wants to live with me but can't come with me right now. She needs 6months time and then she'll decide. Meanwhile she's asking me to relocate to her parents' house. She's also saying she will never divorce me.

 

Finally mediator has asked her to give a final reply whether she wants to live with me or not. She's asked for some more time to answer this as per her parents' advice. Her mother is making crazy demands like her earning will not be given to me but only my earnings should be used for running the house. And I should submit all income expenditure accounts to her mother!

 

How should I carry this forward? I'm worried even if she comes back she'll not let me live peacefully. Only the thoughts of my baby is affecting me a lot because her life will be completely ruined because of all this. My baby is very attached to me.

 

Can I file divorce due to cruelty by wife? How to go about it? How can I get custody of my baby?

Thanks



Learning

 4 Replies

2BHelpfull (Other)     10 October 2013

Can I file divorce due to cruelty by wife? How to go about it? How can I get custody of my baby

 its upto u whether to continue marriage or not but if  u opt to dissolve the marriage then u must first think about ur child future,

n as ur child is 3yr old custody of the child will remain with her mother(i.e. ur wife).

 

why she has filed all such case against u ?

 

""Finally they agreed and when I took her to my parent's house they gave a false complaint in police saying we've kidnapped her.""

is kidnapping case is still there against u.

 

Now as  the case is on in the mediation , wait for the mediation report .

 

Deeply Hurt (PM)     10 October 2013

Thanks 2bhelpfull

 

Is there no way to get custody of my child?

When I asked her the reason for filing such false cases she says her parents had asked her to do it so I may treat her with respect.

The kidnapping case is not there anymore, they've withdrawn it from the police station as we clearly proved to them that they've maliciously filed such a false petition to torture my family.

 

Thanks to anyone who can provide me an ans for below:

Can I file divorce due to cruelty by wife? How to go about it? How can I get custody of my baby?

T. Kalaiselvan, Advocate (Advocate)     10 October 2013

What is the outcome of the AB?, what is the outcome of the mediation?, will the divorce case against her solve all your problems including that of taking care of your child? What if she will not give her earnings to you, you earn sufficiently to take care of your wife and the child, isnt it? Why do you both involve your both the parents in the quarrels between you both, because,both the side elders will prefer over their own wards resulting into the situation getting more aggravated.  When you still have time to save your marriage and secure the future of your child, do it forgiving/forgetting all those bitter things happened/experienced by you in your recent past.  Are you behind her jewels or the peaceful marital voyage with her, decide.

Deeply Hurt (PM)     10 October 2013

Thanks Kalaiselvan Sir for your inputs. I've noticed your apt inputs elsewhere on this forum too.

 

The AB is pending the outcome of the mediation as the Judge felt we both do not have any major problems but only minor misunderstandings which could be resolved by mediation. There is a final mediation by the end of this month for her to give her final decision. However, their parents are creating a lot of problems by dragging my family into false complaints at various police stations and visiting our neighbours and trying to spread false rumours against me and my family. Right from beginning of our marriage we have stayed separately and both our parents visit us.

Her parents do not have any source of income so it looks like they are desperate to have her support them with her salary (This was told to me by her own lawyer). I was even ready to support them but they are demanding that I stay in their house which I cant accept. I have my own individual house where we've been living the past 3 years. I'm only for peaceful marital voyage considering my child's future but she's adamant that I have to live according to her parents' terms & conditions which I'm unable to accept. I do not want her jewels as I earn sufficiently well to have a upper middle class family. I do not have any loans on my name and have my own car, bike & house.

I'm looking at divorce only because of all the mental torture I'm suffering along with my parents. I'm unable to live peacefully since they are creating all sorts of problems.


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