Ajit Sinha (Professional) 30 October 2012

Threatning by wife and relatives

Hello Lawyers,

First I should thanks to all of you for making this forum such a success.
I got married 2 years back since than I and my wife had few differences but not to that extent. After few days my wife with the help of her family members keep on recording me over the phone after provoking me. Than she ran of the home and after all the talks she came back to my home after 3 months.
And relationship between us improved and we plan to extend our family and than on her later stage of pregnancy she went to her maternal home on doctor recommendation but there again she start recording every conversation between both of us and stopped talking to me and suddenly she delivered a baby before her due date but nobody informed me about
the my child birth till 1 week. Than after that her family come up that they need divorce and since than she is not coming back or even no communication from her and her family so I have few questions

Not informing me about my child birth is a cruelty and can be basis of divorce for me?

They are demanding all money they spent till now and all the money there daughter earned since marriage. What money do I have to pay will include her salary which was spent mutually?

She was earning very well before maternity leaves now she is threatening to leave her job do I need to pay her the maintenance if she leaves her job?

She with her parents is threatening me to file a 498A and DV against my complete family if I don’t pay them all the money. Please suggest how to prevent me and my family against these cases?

She with her family was recording every conversation between her and me. Can I use this against her and her family?

She has all the recordings of me can she use all of them against me?

Shall I file a restoration application before she files anything against me and my family?

Please suggest on above question s.

Thanks in Advance

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5 Replies

MURAAREE M (executive) 30 October 2012

hai kapil,

i ur conversation is against law & it like treatning to life ,it is realy probem.

the divorce can be seeked on diffrent reason, on what reason she is seeking a divorce,

first take a bail then ,file a case for meadiation or cousling if it fail then go for case

stanley (Freedom) 30 October 2012

she can file DV and also 498A be brave and contest it .

There is no law as such for them to claim money that is spent mutually .

As regards to maintanence you can always argue that she is able bodied was working and capable of working hence no maintanence .For the child u have to pay maintanence .

M Chaturvedi (Business) 30 October 2012

Dear Kapil:

Sorry to read about what you are going through. I am not a Lawyer, but, We have just recently come out of this Divorce Mess. It was my Brother's Divorce. In any Divorce, the Whole Family goes through bad phase, almost hell - Thanks to our SO CALLED WOMEN EMPOWERMENT LAWS, which are HANDICAP.

Kapil, If you are RIGHT in your Case - Don't Panic. Just be Strong & Fight it Out. Don't get Frightened by your Wife's or her Relatives' threats. Don't allow your Face to be 'Majboor' kind of. Today's Breed of Wives & her Parents have become Extortionist. In fact, Gun & Knife Weilding Extortionist are better, atleast we know its their Jobs.

Firstly, Find a GOOD LAWYER, who is capable of Strongly Arguing with the Opposite Party's Lawyer in front of the Honourable Judge. See to it that How your Lawyer Builds-Up Circumstances of your Case after hearing your Case from you.

Not informing about your child's birth amounts to Cruelty.

Important aspect here is - Whether She has taken All her 'STRIDHAN' i.e., Her Jewellery, Belongings, Etc.. with her while leaving your home or not?

If She has taken away all 'STRIDHAN' and if still She has not filed 498A & DV Act - As Precautionary Measure & for Safer Side (In Consultation with your Lawyer) - Inform in WRITING to the Police Station of your area about your whole Case and Specifically Write about All 'STRIDHAN' already taken away by her (With Date). Check & Cross-Check the Date. Put up each situation in proper sequence with proper Dates. Informing the concerned Police Station about your Case & 'STRIDHAN' might be helpful to your Case atleast 10%. If you are the first one to inform Police that your Wife has already taken away her 'STRIDHAN' and then your Wife goes to file complaint against you & your family, you & your family shall get some benefit out of it. As in Court, while going for AB (Anticipatory Bail), in case your Wife goes on to file a false complaint against you & your family, your Lawyer will be able to argue that As An AFTER-THOUGHT and just to take REVENGE your Wife has filed baseless & false complaints.

If your Wife has not taken away her 'STRIDHAN', then (in consultation with your Lawyer), Inform in WRITING to the Police Station of your area that you wish to hand over the 'STRIDHAN' to your Wife. This will show your Good & Clear Intentions. Whenever your Wife or her Relatives goes to the Police Station for filing Complaint, the Police themselves will inform her that you are willing to hand over the 'STRIDHAN'. So their (your Wife's or her Relatives') complaint will almost get Diluted.

In any Case - Be the first to go to Police Station & Inform about the situation in Writing. No one is going to kill you.

Kapil, Always be Strong Technically. Keep your Intentions Good.

Whatever your Wife or her Relatives alleges against you & your Family will have to be proved by them in Court, not by you. So, don't worry about what & how much they allege against you & your family.

All the Best

Email: cmehta16@gmail.com

If you want, we can talk - ask for my mobile no. through my email.

Ajit Sinha (Professional) 01 November 2012

Can cruelty of not informing me about my child birth be base of any action against them?

If there is a divorce than can she claim what ever salary she has earned till now?

Can i file a case of snooping against her family for recording me everywhere?

victim (master) 01 November 2012

If you are having valid and strong proof that you were not informed or even tried to about your child's birth then only raise that issue. As they can always say that the tried to call you and you or your family members never picked up their phone calls etc and you did it intentionally as missed calls details are not reflected in phone call records. In my view its not a strong point against them. ( I agree that your sentiments are hurt by their act)

Why are you worried about phone recordings. need not to worry if you didnt said anything objectionable.

Even if she resigns need not to pay any maintenence to her as she is able bodied and qualified enough and was working.

If you had proofs that they are threatening you for 498A or DV then complaint the same to authorities without delay or you can always try to collect such proofs by usin same method of phone recordings.

Dont waste energy by claiming for child custody.

And if you want her and your child then file rcr hma sec 9 asap and dont put any allegations on her in your petition.

wise person dont need advice and fools never accepts advice. still a piece of advice bro. be paitent and controll your agression as it seems its very easy to provoke you, and they are doing the same and recording everything. Dont worry about 498a and dv filing them is onething and proving the same is another thing.

best of luck ...everything will be fine.