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Sunny (Engineer)     04 September 2013

Wife is not living with me since last 1 year

Dear Sir This side Sunny I am working as sr engr maintenance in private firm and i got marriage in 14Apr2011 i have one baby boy of 1.5 year old. i m belongs to near noida but living 200 km far from my parental house for job and here i am living since last 8 years. My wife is not living with me since 25 Aug 2012, me and my relative went to her parental house but she is still not agree to come back actually she wants that i leave my parents but i can't do this. I love & wants both (my parents & my wife)in my life but this thing my wife never understand. and this cheep things she repeat in 3rd 4th times and in the lats times me & my parents went to her house & take her back but this time i think she is wants that i go to her house and she & her parents insult me infect her Tauu Ji already had given me thread that he has a brother who is working in police as a D.I.G. and he also tell me in presence of my in-laws that he is DADA of his area. And in the last Monday i submit file of section 9 to court near to my present living place. As i have told you that my wife is not living with me since last 1 year so after reading this what she can do which may not be favor of me. Still i have not received any legal complaint(Dowry & Domestic violence) from her by police or court. And i never do the above. After receiving my section 9 letter by court if she give fraud complaint or file to court for dowry & Domestic violence case, so after this police can arrest me or first call me for a counseling. If she file the same in U.P. so can u please guide me what is the rule for this fraud dowry case. Thanks & Regards Sunny



Learning

 5 Replies


(Guest)

Dear brother,

She can file any cases at any time,for filing cases no body needs to contact Pandit or no body needs to contact the Director of Bar council. So filing of sec-9 by you doesn't grant her to file N number of cases.It's her wish that she will either reply to your RCR or simply file counter cases on you.


Filing RCR simply says that you wish to continue your relationship against her will,who has deserted you and doesn't fullfilled her conjugal responsibilities & rights.

If she files false cases ,she needs extreme proofs to proove that you are "Vhasi Darinda" who had assaulted her wife with cruelities.


So,just think are you Vhasi Darinda?

If not then stay cool and concentrate on your work,let you advocate do the rest as you have filed RCR let it be come for trial and mediations.

You will come out with results during these phase.

or else if you are in hurry then make a call to her ,ask her what she want?

she will tell you I want seperate flat.

Then tell her ok,You make a settlement of such flat,I will love to accompany you.

If she still adamant and becomes ruthless then record that conversation and use this mental cruelity in RCR during evidence stage.


regards,

A sufferer..

Sunny (Engineer)     04 September 2013

First of all thanks for ur prompt response

I would like to inform that i never been as a Vhasi Darinda

Infect i ask her on FB the same and she replied that i can never do and never think like that.

what is the rule in UP for dowry & domestic violence, if a women give a complaint then Police can directly arrested to men party or first talk on a desk, i means any counseling before arresting of a men because u know that now a days more then 60% cases are frauds.

That's y i need ur guide

And i m not scaring because i didn't do any thing wrong with her but u know and as i hared that Law is in women favor more than men and nobody wants to arrest especially in falls case.

Thanks & Regards
 


(Guest)

Tht's gr8  as you are not  a "Vahsi Darinda".

Let her file false cases then,I think you have enough supporting evidences against her.

In UP what's the condition I don't know but since 2008 after SC order nobody is directly arrested on mere complaint of 498a. The IO will come to you for investigation and they will take you in police station where they will interogate the case.If found guilty then complaint is converted into FIR and you would be taken on PC and within 24 hrs they have to produce you infront of the megisterate,if you got Bail then it's ok otherwise you would be send to JC.


I will suggest you to take the help of your local lawyer who will tell you the exact scenario.

Sunny (Engineer)     05 September 2013

Thank u Mr. Sufferer

 

you used 2 words mental cruelity

Can u please tell me in brief because lots of times i had requested her over phone that come back but she always said no and over phone she said in a bad tone that i have no relationship with her (my wife) and no with our son & no with her parents and no need to come here (her parental house) and all this bad things i have recorded is this work as a evidence that what type of behavior she had with me.

Kindly guide me and i have mostly all the telephonic discussion in recorded.


Thanks & Regards

SUNNY

 


(Guest)

@ Author,

Mental cruelity is A course of conduct on the part of one spouse toward the other spouse that can endanger the mental and physical health and efficiency of the other spouse to such an extent as to render continuance of the marital relation intolerable. As a ground for divorce, it is conduct that causes embarrassment, humiliation, and anguish so as to render life miserable and unendurable or to cause a spouse's life, person, or health to become endangered.

 

Hence, I will sugest you to confirm yourself as what you want.File RCR if you want to give last chance to your married life or else the door's for Divorce are open for you.

If you need divorce then follow the below link:

https://www.lawyersclubindia.com/forum/LIST-OF-DIVORCE-JUDGEMENTS-ON-MENTAL-CRUELITIES-DONE-BY-WIFE-85793.asp

 

Regards.


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