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anil (officer)     02 February 2014

Wifes harrasement

I got married in December 2011 according to Hindu law as i m Hindu. After two month of marriage my wife started fighting with me on small things and wanted me to live separately from my parents, i tell her that at any cost i will not leave them.Than she started making wall in family by making stories and also always complaining about my parents to me, i requested her several times not to do this but she was unstoppable. Than after she went to her fathers house without telling anybody complaining that i beat her and not taking care of her. I call her several times to come home but she said she will not come. Now almost 22 months have been passed she left my home and now she complain in police station that i beat her and not taking her in my home and also threathen to me that she will go to court and make false case of beating. She wants me to give divorce but she is wants money and also my property. Now I came to know that her father is collecting information about my property he went to my native and also came in mumbai to collect information. Currently i m working in gulf country so i m not able to do anything. As this is the first case in our family, my parents are also scared and very much shy to tell others and take help.
I want to know if she files false case of beating than what should i do?
I have one flat on my name in mumbai but that i took on loan before marriage, will she take that flat? or should i transfer it to my parents name?
Currently i m working in gulf country will she ask for more maintenance?

If she files case i need to come to India for hearings,as i m the only earning person in my family?

Please help me as i m in big trouble. I also want to give her divorce as almost 22 months have been passed i m suffering i cant consentrate on anything all my image is gone because of this things as i m the only earning source in my family.



Learning

 26 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     02 February 2014

 collect enough proof / evidence to show in court that only wife is at fault as the Indian law supports women more than men very easily a woman can file for domestic violence against any man even if the man is innocent until he proves it 

Dr J C Vashista (Advocate)     02 February 2014

Do you want to scumb to her threats? She has not yet filed any case, contest when she files, it is your apprehension.

Will any one believe that she was beaten up 22 months before and filing complaint now? Althogh no one can stop her filing false complaint, even then that is to be inquired.

For divorce she is entitled for permanant alimony which you will have to pay according to your status.

anil (officer)     02 February 2014

Sir can u suggest me what to do as she already lodged complaint in police station and police called my parents there in police station they have noted all the matter but didnt filed case, she has also approach mahila mandal.

actually i didnt want to give her divorced but she behaved like this with me and with no reason she spoil my and my familys image.

should i transfer my flat to my parents name now?

what r  the things i should do so that i can be saved from maintenance and such things?

Biswanath Roy (Advocate)     02 February 2014

Why you are so eager to avoid maintenance to your wife ?   Do you not love your wife ? Then what's the wrong to live with her as to her choice ? Try to settle the matter amicably by the help of your friends and relatives so that you can enjoy a happy married life.. It is being noticed now a days that the GEN- Y BECAME IMPATIENT and EGOISTIC,  Keep it in mind that in modern times Girls are also self conscious, sensitive to their personal liberty . As you have liking and dis liking so also they have liking and dis liking of their own. If you do not mind, may I ask you how your elderly relatives are living together? WHY THEY ARE NOT CALLING DIVORCE ?  Give up bossing attitude then you will find your wife will also treat with you normally..

Biswanath Roy (Advocate)     02 February 2014

@ Stalkar,

The objective of this Forum is to give advice and opinion to the querists which I  did in reply to the query of Mr. Anil . Suddenly how you intervene and interfere in the matter without any call from any body and started throwing sloughy muds upon my professional robes and questioned about my academic decorations.  WHO THE HAIL YOU ARE TO DO SO? More particularly when the clear instruction of LCI is 'TO MAINTAIN PROFESSIONALISM WHEN POSTING AND REPLYING TO TOPICS ?'  It glaringly transpires that you do not know how to behave with your guardians..  Any way I am taking up this matter with the LCI authorities and must step out from this Forum permanently if needed.

anil (officer)     03 February 2014

Dear Roy Sir,

Before i use to stay in chawl and she was aware of this thing before marriage and after marriage she started saying i dont want to live here it was difficult for me as i already taken loan for flat which was under construction at that time, i said to her pls wait for some days after completing we will shift there but she was not ready than i took a flat on rent so that peace will b there in home. Not only this thing many things many things i adjust but when she said about my parents than i said i will not. I also have sisters and i m also from good family but every thing has a limit. She didnt stop there she lied to her parents  that i beat her and even she made complaint in police station and mahila mandal. She actually want divorce but if she will go for mutual consent she will not get any money so she is making false complaint.

 Now u only tell me how much should i tolerate and suffer. Now if i will leave my job here and come to india who will pay installment and who will take care of my family as i m the only son.

That is the reason i want to know what should i do before she takes me to court? and also the flat which is on my name which i bought before marriage should i transfer it to my parents name or sell it?

anil (officer)     03 February 2014

Dear frnd stalkar thanks for standing by my side and understanding me. But pls dont fight with Roy sir as he is elder to us and also a Lawyer, Roy sir was not aware of the whole thing what happen and he wanted that me and my wife to come together and live happy life.

Thanks once again. 

anil (officer)     03 February 2014

Dear Ram sir pls advice me what evidance and how to collect?

anil (officer)     03 February 2014

Dear Vashisth Sir,

She is waiting for me when i m returning to India so that she can file case. So i want advice what should i do before she file case. I have one flat which i bought before marriage and still paying installment should i transfer it to my parents name or sell it because i spend all my earnings behind that and still paying for that. Sir i alsdont want to pay maintenance as it is not my fault and also spend so much money in wedding and also paying installment and also have to look after parents.

 

Sir pls advice how to come out of it.

Dr J C Vashista (Advocate)     03 February 2014

Dear Anil,

If she has filed police case for criminal breach of trust (Section 406 IPC) you should secure yourself by seeking anticipatory bail from the court where she has filed police complaint, otherwise no need.

As the flat is in your name and you have been paying EMI for the loan obtained against the flat, keep it with you till the parliament of India passes amendment bill (already cleared by union cabinet) where estranged wife shall have a share in husband's property (especially acquired during subsistance of marriage). As on date she has  no claim.

However, she is entitled for maintenance during her life time or till her remarriage,

Best wishes

Biswanath Roy (Advocate)     03 February 2014

Dear Anil,

 I am sorry to say that I have left this Forum as I find that this Forum is not suitable for the person like me.. For your information I need add here that the reason behind my joining in this forum was to help the persons who are in need of matured legal opinion and advice from a person of long 57 years court practice and side by side to share my such experience and knowledge with my professional brothers.. But surprisingly I experienced some other thing due to the fact that I misunderstood the meaning of LAWYERS CLUB INDIA.  However if you are interested to get my advice you may contact me personally through my E-mail-bnroy.advocate@gmail.com against my usual professional terms.Blessings to you always.

anil (officer)     03 February 2014

Dear Vashista Sir,

In the begining i have taken loan from pvt. finance and it was floating so rate of interest was increasing for few years i pay emi but rate of interest was increasing so me &my father decided to clear the loan as my fatherer got retirement money and few i arrange as i m working in gulf and rest of money my uncle gave to us as he is a big businessman and now i m paying installment to him.

My wifes father is now collecting information from my native place how much property i have, as one of my cousin is working in tahsildar office he inform to me. It proves that they want divorce and my property also.

Pls tell me should i transfer my flat on my mothers name as a gift deed or sell it as my wife has not file case till now otherwise if she file case that it would b to late.

what about if i file rcr that she is not coming home as she dont want to come home any how, can i get easily divorce

anil (officer)     03 February 2014

Dear Roy Sir,

Pls dont leave this forum as many people like me require ur help. I m very small to tell u anything i m saying sorry on behalf of stalker. 

Avani Sejpal (advocate practitioner)     03 February 2014

Dear Biswanath Sir, I highly appreciate your thoughts for understanding women's feelings. I am highly obliged to you. being Female & on verge of Divorce nobody can understand feelings of women as u did. WE & Lawyers Club India need you. MR. Anil I understand Your Situation & though m being a girl its not necessary i would be take your wife's side. But i do believe we cant clap with one hand. If you want her to come back you just try to find out what's the problem she has with ur parents? dont leave your parents in any case. but you can ask them not to do what might be causing problem to your wife. you can ask her what's the problem, if she is right then she would come up with issues she has with your parents. & i know you both might have seen life long dreams for you both together & great to know you still want her back. There is a need to communicate amicably..if u & she both will argue it will be never ending. If she argues you try to find solution for the same. That's what i feel.

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