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Fighting Back For My Life (officer)     09 March 2015

Wife and her parents abusing/threatening/getting physical

Hi All,

 

I need some urgent advice as per some sudden drastic incident happend last week.

My wife had filed a case for divorce under cruelty in 2013 and has asked for equal share in my property house and my overall savings. I am contesting this divorce. actually the background is, she has got involved in affair with her colleague in her office and it was me who had brought it in front of of mine and her parents to resolve this situation. yet out of all anger as she could not refuse her wrong action, she had filed this case and threatening me to give her half share along with divorce.

i have already returned her all jewellery in front of court even before the case started ( to be honest. all jewellery worth more than 5 lacs is all purchased from my side - by my parents and not even a penny from her side) yet i gave it as she asked it as "stridhan" to make her realize my genuine efforts to resolve this situation.

in between, the judge of my court got retired and its vacant since last few months. now her parents and my wife are continously calling up my parents and threatening them with seriuos conseqences if i dont give divorce with equal property share. i am presently contesting divorce just as it not only against my dignity and respect, but it was she who is playing around with wrong reasons and above it, seek my property half share and threatening me if i dont agree.

last week, they called up and asked for meeting with me. and when i went to meet them outside court, they suddenly started to threaten me up with sending me and my parents behind bars. Since court was vacant, my lawyer had not turned up and i went alone jsut to take further date. They started shouting and creating scene. That's when i stood up to walk out, they came from back - and my father in law and my wife and pulled my collar and started thrashing me. I was zapped and terribly shocked by their such action. They even told me to go ahead and do whatever action i want to take on this.

i just walked out and called up my lawyer. he told to immediately file an NC in local police station and bring the copy. i could not meet my lawyer as he was on long weekend leave last week.

i am really disturbed and seek your kind advice to take suitable legal action or they may now jsut get overboard and do anything worse against my parents and me. 

please help !!

thank you



Learning

 6 Replies

saravanan s (legal advisor)     09 March 2015

first of all i feel pity for the situation you are in now

as far as equal share in property is concerned ----you dont need to give her anything unless the property is jointly owned by you both.if the property is self aquired or your ansestral property or in the name of your parents you dont need to worry a bit about her threat of equal share

do you have any recordings,emails, chats etc etc where she had made statement about her illegal contact with her colleague.if you dont have now try to get it from her mouth and record it  as a proof.if you have proof of her adultery then you can use it as a grounds to get divorce.in that case you dont even need to give her maintenance.

dont budge to her threats

you can now file a petition before the court asking them to provide receipts of the jewellery they claim to be theirs.if they produce fake bills then get information through rti from sales tax department.if you can prove that the jewellery is not theirs then it will help you to prove their malafide intentions to the court

record your wife and fil calls to your parents and file a case of criminal intimidation u/s 503 against them.

as to;d y your lawyer file a nc with the police station or give a complaint to the dcp about their behaviour and keep a copy of it with you

as far as their behaviour in the court campus is concerned it amounts to cruelty from their side and you can use it as a reason for applying divorce

they might force you for a out of court settlement when you file divorce just dont go for it.fight the case on merits

better take anticipatory bail for you and your parents for if she files 498a or dv against you ab will prevent you from getting arrested by police

 

Fighting Back For My Life (officer)     09 March 2015

Dear Mr. Sarvannan,

First of all, sincerely thanks for your valuable time spared and kind advice given. It gave a lot of moral help since such sudden and unexpected violent action from my in-laws and wife as faced last week outside court.

I have some precise query if please may be addressed:

1. I dont have as such regret / issue for jewellery that i have given, although as i said, there was not a single rupee purchase from my in-laws yet i consider it her as property which she deserves. all of my intention was to give it before even case started (i submitted it along with my reply filed to her petition) to show my love and commitment to save this relation. i have submitted bills while giving jewellery clarifying all jewellery was purchased by me and nothing from her side. But now she is asking for equal half share from my flat i purchased just few months before she left. the entire EMI since last 3 years and down payment etc has been paid by me and its on my name. She is also threatening to pull out money from property of my father ( who has built small house in native post retirement and staying there).

2. secondly i have mails / chat history which i had copied from her email which i was known to her password then, which i took printout and showed it to my in-laws and her brother. which she clearly refused and deleted them.  that mail communication also consists of her meetign with family of that other guy and planning for her marriage with that other person.

3. i have attached photographs of our good times and our trips, showing i had tried to keep her happy in our short stay together before she got involved outside.

4. last year i got ot know that she is using other fone no. which is on name of that other guy and using it as per own hiding it from her parents for their secret meetings and communication. i have that fone number and its related phone history.

however after a dead silence and no contact since last 2 years, suddenly they have started threatening continously to me directly and to my parents (indirectly telling them that they would ruin their son's life if not agreed for divorce and equal share).

basically i have got news that she is trying to marry that guy and shift abroad at earliest, as time is running out and that guy's parents are not ready to wait anymore. (they had not expected that i would fight so much on merits).

with all above, with genuine intention to save my relation and fight it out for my respect and my commitment, i had not stressed much on her outside involvement in my case as it may further make her furious and only stressed on defending myself against false allegations made against me.

i also have my RCR filed which is on hold due to her divorce case proceedings.

Please advise if any further solid / major step to  be undertaken to include her involvement related documents in case now (although i doubt if she would hve deleted all mails two years back itself) and also to mainly avoid her .and my in-laws such physical violent action primarily against my parents.

i know it has been real long descripttion, but please help me as its real serious and i m mentally very disturbed. at such young age, i have got blood pressure medication prescribed.

*** i have NC filed and have a copy of its with me.

Sincerely thanking you again and waiting for kind advice from all.

 

 

 

 

Saurav (Engineer)     09 March 2015

Arranged Marriage in this country is a GAMBLE.

Nowadays in 99% of arranged marriages the Girl would have been loving someone else and due to Parental Pressure/emotional blackmail from her family they get forced to marry someone they don't like. The girl's parents do not look at the Girls interest but care more about Property/Bank balance/reputation/caste/ego etc and force the girl to get married to an innocent guy like you. 

Later the natak starts from the girl and then her parents. The girl cannot also do anything since she already love someone else and she cannot possibly love you too .....that can never happen. A person can love only 1 person at a time and that person is NOT YOU even though she married to you.

 

So my brother........YOU CANNOT DO ANYTHING.

 

Give her a SOLID amount if you want to save your property etc and agree for a Mutual Consent Divorce (MCD).

 

Stop contacting her and her family immediately.

 

saravanan s (legal advisor)     09 March 2015

1.she cant lay any claim in the said property but in case if she files 125 cprc maintenance case all your posessions including the one for which you are paying emi will also be considered while deciding the maintenance amount you need to pay

2.you can use it as a proof for adultery committed by her.if you have proofs regarding her staying with the man somewhere outside or something of that sort it will be a strong proof.

3.without answering the third question if you want to go for  mcd you cant talk about adultery, criminal intimidation, harssment etc etc and you might be needed to arrive at a compromise of giving a buk amount as one time settlement.it will be quick.for that again you need to convince her for mcd.

since your wife had filed the divorce case on grounds of cruelty the burden of proof would lie on her.you could submit the proofs you got against her as arguments in the court.in case if she fails to convince the court she wont get the divorce decree in her favour.you can file a divorce degree on grounds of cruelty on her for her false accustions.in that case you will easily get a decree in your favour and you dont need to pay maintenance

one option----according to the news you heard its better to stick with the contested divorce for she wouldnt wait for a lengthy period and she would face pressure from her boyfriend as con divorce can go around for years.she herself will be forced to withdraw the con divorce case and she will beg you for mcd in such circumstances

dont proceed with rcr.refer menrightsindia.org 

Born Fighter (xxx)     09 March 2015

Dear, based on your statements your beloved is desperate for divorce as she wants to settle abroad with the other guy. Here it seems her last desperate try to pressurize you to surrender so that they can earn FREE/ QUICK money from you. Mind you , if you can prove her adultery she will get NOTHING in maintenance from you !

The solution is very simple......BE CLAM...........HAVE PATIENCE..........................IF YOU GET STRESSED YOU WILL MAKE YOUR CASE WEAK.

You need to wait for another 6 months-1 year for things to turn in your favour.

SHE WANTS MONEY, YOU SHOULD REFUSE.....DON'T GIVE HER A SINGLE PENNY OF YOUR HARD EARNED MONEY so easily and especially when they are covering their own wrong doings, you may GIVE HER WHAT SHE DESERVES AFTER TREATING YOU N YOUR PARENTS SO BADLY...AND THE AMOUNT ONLY YOU CAN DECIDE

They will do mistakes like they have done by threatening you/harming you...for which you must have filed police complaint.. Collect evidence, record calls, catch on their mistakes and EXPOSE them to court. Do not contact her BF to expose her as you want her out of your life as of now, but indirectly tell her you will expose her to her BF, it will help you to negotiate and reduce the alimony amount.

Time to Give them taste of their own medicine.

All the Best !!!

Fighting Back For My Life (officer)     10 March 2015

Mr. Sarvanan / Born Fighter,


Thanks for your kind response and words of encouragement.

as advised, i understand i need to have lot of patience and courage to stand by and stretch it up further. i would make sure to keep my eye on collecting as much evidence with phone calls recording / emails etc.

i just hope that they do not take any erratic step against my parents in court or indirectly.

thanks again.

 

 


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