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omveer sehrawat (team member)     05 May 2014

Urgent advice marital dispute

Hi experts, I am UK based NRI Currently living in London. I got married in 2009 then in 2010 my wife joined me in london. We have a baby out of the wedlock. The behaviour of my wife absolutely abnormal she use to abuse me kept threatening to commit sucide. then in feb 2011 she and my baby went to india with a return ticket but she refuse to return and wanted a half share in my fathers property. i went to india where her mother started abusing and slapped me and repeat the same condition. this drama was continue. so, Finally i filled divorce petition in jan 2014 in delhi. she is currently living in the same house where my parents and brother lives on ground floor. In counter of divorce she has filled crpc125, DV, and complaint in CAW mentioning all the lies for 498A, 406 and 323. i want advice on following points:

1.) The FIR is registered u/s 498a, 406, 323. my family has 5 day NB which is not given to them yet. The IO is continously harrasing my family members by asking me to come back to india otherwise he would arrest everyone in named in the FIR. so, what should i do, do i need to make urgent travelling plans. and also if i travel what could be the problem i can face such as compound of passport and all.

2.) as i mention that my wife is still living in the same house  where she has created a qurellsome environment in the house and my elderly parents are facing it and suffering from mental trauma. so, is there any legal way to ask her to leave the house. 

3.) she is B.A. B.ED. and currently working but no idea about her salary. I am sending her rs 10000 each month or sometime more so, some of the experts suggest me to stop sending money to her as she is capable of maintaining herself. but i dont understand what to do. 

need your valuable advice. 



Learning

 14 Replies

Dr J C Vashista (Advocate)     05 May 2014

1. Your wife is entitled for maintenance if not working (and proved) and of course maintenance of child is the responsibility of both of you..

2. Manage to get anticipatory bail for you (in your absence, if donot want to confront)

3. You may contact/engage an expert lawyer.

Biswanath Roy (Advocate)     05 May 2014

It appears from your say that your wife has for some reason or other  feeling herself insecured and suffering from mental depression for which lack of your negligence and care cannot be ruled out .  Instead of filing divorce you could have taken help of proper counselling and Psychiatry instead you dug up your own grave.  According to Indian Law maintenance to wife and child is a must.  Of course wife is entitle for such benefit so long she has no sufficient income for her livelihood according to her husband's status and standard of life..  In your case you shall have to return back to India, get anticipatory bail from the court to defend sec.498A,IPC.  No court can direct your wife to leave her in-laws house.

kalidas s. pote (Advocate)     05 May 2014

pl follow the above two advice. it is rightly advice

omveer sehrawat (team member)     05 May 2014

Thanks to all for your valuable advice. 

Biswanath ji, this is just a small part i mention here the realy story is quiet long, to take this extreme step of filling divorce was really a tough situation for me. 

Biswanath Roy (Advocate)     05 May 2014

@ Mr Sherawat,

In my opinion (a) we create situation, (b) no situation can be tough rather we make some situation which manifests as tough. (c) husband and wife's relationship according to Indian philosophy is not for luxery only but it is  necessity to form a healthy family and reciprocal love, caring to each other are the basic foundation of a married life which we often forget. Most of us are in habit to magnify the bad side of the wife without thinking or taking into consideration of our own fault or wrong decision or objectionable behavior due to our he-man ego.Under the present situation your introspection may be of little help  to you. Law cannot be the solution in such mal-adjustment.

Solomon Raju (Advocate High Court of A.P.)     05 May 2014

If you come back, the IO will make all efforts to arrest you and you will pour out lot of money on lawyers, in judicial process..My advice is you stay back. Let your parents contest on your behalf. Try to send GPA and let some of your family member appear and contest on your behalf. If you are there at least you can send money to your family members and get them released. If you come back, you also will be stuck for a month or more in jail. If such is the case, you will run out of money and also your leaves...

Dont be hurry....the IO will threaten you like this...nothing to worry...just tell him...if he call again, you will file a case against him, as you are the case filed by your wife is only counterblast to your divorce case.  Google the superior officers of the IO and send them an email explaining all these...Then the IO will reduce his speed.

omveer sehrawat (team member)     05 May 2014

Thanks alot, i respect your words, but the reality in the others life could be different. the tough situations stays tough when your in laws started ignoring you by blaming a corrupt person when u r not. the situation is tough when the wife called four boys at home just to insult you and humilate you and if u speak a single word they will beat you dragg you on the floor and a devoteed hindu wife is onlooker and influencing them to do. what could be the better solution for this except taking help of law when u r living in the fear of crime and fear of false allegation 

omveer sehrawat (team member)     05 May 2014

Thanks soloman Raju for your advice. please check i sent u p.m. 

K.K.Ganguly (Advocate)     05 May 2014

1. Under similar circumstances, before filing Divorce Suit, I advice my clients to take up a rented house,

 

2. This is done to seperate parents house from the litigation. Though your wife can not claim any share of your father's house, your father can not deny her entry to his said house if you stay there or stayed there when you were in India. That house is her vmatrimonial house where she has the right to live in,

 

3. After taking up dilapidated rented houses, my clients send legal letters throuhgh me asking the wives to join the husbands in the said rented houses with in 7 days failing which legal action (divorce petition) will be initiated,

 

4. In your case the basic mistake has been made when your father's house has not been seperated but has been shown as your accomodation while in India & before Divorce, you can not deny providing her accomodation in her matrimonial house,

 

5. Engagae a lawyer having expertise in the matter & avail anticipatory bail for your parents. Police can not force your parents to bring you to India,

 

6. After some time, you also take AB & on being informed about getting the AB, you come to India & take regular bail on being produced before the Court. You can then go back to your place,

 

7. This is the best solution I could find now but no body can evict her now till the divorce is granted,

 

8. Your parents can lodge police complaint against your wife's torture.  

Gautam Kapoor (IT professional Studying Law)     05 May 2014

omveer you have been rightly advised by Mr.Solomon.Do not come to India.

omveer sehrawat (team member)     05 May 2014

Thanks alot K.K. Ganguly sir, i want to ask 

1.) my parents are senior citizens so, they can approach the senior citizen cell about the harrasment and torture they r facing through my wife and family members. 

2.) can they stop her family members to visit house on regular basis who r coming and using abbusive language to the family which can be very harmful for my parents who are suffering from many health problems? 

K.K.Ganguly (Advocate)     05 May 2014

1. Your parents can certainly pray for relief  by approaching the Citizen Cell. Let them also lodge a Police complaint in this regard,

 

2. If your parents deny entry of her relatives, she will allege denial of basic need of metting parents or family members  which will be construed as torture by the Court,

 

3. You already have made a blunder by not seperating yourself from your parents house for which they shall have to suffer now till she is found to do some illegal act from your father's house or till she is divorced,

 

4. Do not take any impatient action without proper litigation planning. 


(Guest)

In the present scenario your father cannot stop your wife to enter her matrimonial house. Hire an expert lawyer and try to get the AB for your parents and later on for yourself.

Thanks

Sunishchai Sachar

9711259959

9811576667

T. Kalaiselvan, Advocate (Advocate)     07 May 2014

Out of many opinions/advises/suggestions, in my opinion, the opinions and advises rendered by learned advocate Mr. Ganguly seems to be most useful and fitting, you may follow his advise  by being in touch with your advocate, hope he has already suggested you the same as of now?, if not consult him and plan things in a better way.


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