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Kishore Malhotra (Govt Job)     16 December 2013

Save men from greedy wives who mis use the law

Respected Experts.....

my younger brothers, who is a serving employee of Para Mil Org, attempted suicide, due to continuous mental harassment given by his wife and brother in-laws, by putting complaints against my brother to his Deptt by giving false allegation of DV and not maintaining her properly. My Bro is living with his wife and two kids at his duty place about 150 Kms away from home for about two years. The scene behind this was, the adulterous relations of wife with her cousin brother before marriage, may be thereafter, came to light..which was accepted by his wife without hesitation and threatened, do whatever he can do...! Later, irritated on this matter, she filed a complaint against my bro to his CO, and where they both were counseled together and directed his wife to keep herself away from her brothers for about six months. Thereafter, on reaching back to residence, she totally disagreed with the orders passed. The day after,  my bro took few days leave and was getting ready for home on the occasion of Diwali. But she was not ready for this. When my bro was getting ready at about 0530 hrs early morning she confined him in his room and asked him that she will not allow him and children to go to his home. My bro requested many people of passing by...but his wife didn't allow anybody to open the room. In between the kids gets up from sleep, who  were sleeping in the same room,  and asked for natural calls. He asked his wife to open the door...but she ignored it...My bro could not tolerate the cry of his children..and cut his wrist veins. Due to excess bleeding he become unconscious. In the meantime..one of the neighbour came to talk to my bro. When he saw inside, he imdtly called the Deptl men to evacuate him to the Hospital.  By timely evacuating him to Hospital his life could be saved...but his wife escaped with her brothers  alongwith two kids by giving a false complaint of DV in the Police Station. This incident was happened one and half month back. From the day...we had approached his in-laws family several time in person or through Panchayat and Police but she is neither ready to come back nor ready to give the children..even hide the children..so that we cannot see them.  Now my bro is in great depression ....he lost every thing...his dignity, his kids...and his marital life.   Even his Deptt filed a case of 306/309 for attempting suicide.  Please suggest us what should we do ?

i)                   We have filed a case of Children Custody and RCT under Sec 9

ii)                 Whether law permits…so that we could get children back and divorce to wife..age of children are 3 years daughter and 6 years son.

iii)                 Any other solution….to overcome this problem



Learning

 8 Replies


(Guest)

@Kishore Malhotra(Querist)


Your brother was working in military organization and he was coward person is totally irrational.


It's not the misuse of Law it's misuse of cowardness against an adulterous wife.


I feel very pity that Man himself gives opportunities to such freak and pro women to harass her husband and his family which has happened the same thing in your brothers case.


Only one mistake your brother did that he had again given a second chance to his adulterous wife to become a good wife which can't be done.


An old saying "A character of a women and a signature of Men can't be changed" but Men in India always prefer to hide such pain for the sake of society and for the child which they pay later on.


Anyways I have the following suggestions for your brothers case:


1. Collect all the proofs till now which has been accumulated by his adulterous/cruel/freak wife.


2. File for divorce right now on the ground of cruelity/adultery/unsound mind/desertion if any.


3. Tell your brother to lodge a FIR against your wife to make him for attempt of suicide as you have stringent proof against her.But it was better that you people have filed much before her DVA just after that incidence.(But now also you can file)


4. I can't imagine that why you people are so dumb that every time you only suffers leaving your wife to escape easily to live relaxed life.


5. Always judge your wife and if she is nasty and vulgar along with unsound nature with mood swing then never take her lightly.Always give information about her behaviour to all public organizations like PS/HRC/NCW/CJM/IG/CMO


6. Consult a good criminal lawyer and file criminal cases on her related to your tragedy to make her and family pressurize against DVA or any 498A further.


7. Who had told you to file Sec-9 even after so much traumatization ???


8. Great people only becomes great victims and needleless to say you are one of them.


9. Withdraw RCR without any delay. File for Divorce as above mentioned.


8. If you want child then file for GWA attaching all sort cruelties and her adulterous deeds.


9. From now onwards become a front foot player and avoid backfoot defence.


10. You have all sort of grounds by which not only you will get divorce but also you child with no penny to her in final alimony.


Thanks & regards,


(ESIS)



1 Like

fighting back (exec)     16 December 2013

hey bro.....great to see you back in the forum!!!   

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     16 December 2013

agree with expert, nothing left to add

T. Kalaiselvan, Advocate (Advocate)     16 December 2013

Nice to see "Every sufferer a saviour"  returning with a bang.  I agree with him in his opinion except for the third item.  The cowardly act of  attempting to suicide by the querist's brother cannot be considered as an action abetment by his wife,so he cannot give a complaint on her that she was responsible for him to attempt suicide.  Instead as advised, let him file a divorce case on the grounds of cruelty and prepare the pleadings based on the ground reality that took place in his life all the while through his married life.


(Guest)

Dear Adv. Kalaiselvan nice to hear you and your opinion on my third point.


For you I have only one take:


Plz read the querists whole story as you will find that her brothers wife had willingly locked him along with his childrens , where he had shouted,requested and prayed to open the lock but she refused to do so. Here the petitioner i.e the husband has been mentally so much suffered by his wife from starting that on this particular occasion he was left only to harm himself as he was directly/indirectly abetted by her own wife for such an attempt of suicide.


My general perception on your view is that you missed the core trauma of his wife which is the main cause of such suicidal attempt. Hence, to sue her for abetment of suicide is a genuine and fit case even the husband has been fired from his job on such ground.If he take action on this abetment by his own wife then atleast he will prove his guilty of such a silent and innocent husband of an adulterous wife and it will be much easier for him to take divorce on every ground prevailing for him.


thanks & regards,


(ESIS)


Northern Queen (Manager)     17 December 2013

Good to see you back on the forum Sufferer - you have been sorely missed.  :)

 

Northern Queen (Manager)     17 December 2013

Great advice too. 

Kishore Malhotra (Govt Job)     17 December 2013

Thank u very much Sir..for your valuable guidance.

You asked, 'who suggested to file Sec-09'....He is an Advocate....who suggested.... without RCR one can not get back children...since we have no evidence of his cruel behaviour....and we have to pay huge amount as alimoney...even then we will not get kids back...since mother only have the moral right to look after the needs of kids being minor. That's why we have no other way to file Sec-09.


Secondly,  Police has lodged FIR under Section 306....alongwith that my mother has submitted an aplication stating all the facts, being tolerated by my brofor the lat 7 years. But the Police has not yet filed the charge sheet.

 


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