Family law

vaibhav (Querist) 30 May 2016 This query is : Resolved
Dear Experts.

i had asked opinion on below issue .

had earlier asked my query and had got expert guidance from your side ..

Now i had a meeting with local advocate to discuss the issue .

following were the issues and his comment

1. should we wait till the opposite party to file a case so they will have burden to prove the allegations made by them .
As per advocate ---- if they file it ,burden will be on us to disprove it from initial stage

2. should we file compliant under crpc against wife and her father for fabrication of documents and against mother in-law for assault as we have strong evidence for same
As per advocate we will file complaint to CP and to state law minister and than they will tell police to take cognizance .

My query

is the opinion /comment given by advocate genuine and should i go with this .

Reply from experts...

Can U briefly state the query posted earlier and the advice from the legal experts?

Can U also state the affairs that has led U or UR wife likely file cases against each other?--------form Sainath Sir

below is the mail trial for same .

Subject : Expert Advise
Message :
Facts in Brief 1. My-self Dr and married to Dr in 2006 ( arrange marriage) 2. Stayed with my parents in their house 3. My mother-in-laws undue interference in our married life 4. Tried to discuss with wife and my father-in-law but all in vein 5. 1st baby born on 2009. delivery done in our city .Mother-in law stayed with us for same. Stared fighting on simple issues like burning charcoal for heat for post pregnancy ( IV light already available at home ).Before taking wife to their home for rest Mother in-law threatened to file 498a and left off. 6. we had no contact with them for next 3 months. 7. in 4th month we got call from police saying 498a .306, plus some more sections filed against my wife and her parents and brother by parents of their daughter in law who committed suicide . 8. we kept part from them till judgment from court came .( 3 years period gone) 9.her Maternal uncle intervened with assurance that her mother will now stop undue interference in our life .So bought her back and started cohabiting back 10.learnt that she and her father made duplicate birth certificate of my daughter at municipal corporation at their place when i was having the original one ( when BC from one municipal corporation is issued ,can other issue the same ? ).kept quite thinking whatever it is , at least I have my daughter with me. ( admitted my mistake, should have asked about 2 BC to clarify them )now have filed RTI to know what documents they have submitted to get same 11. interference from her mother still carried on .by 2013 next baby girl born 12. quarrel happened between me and my family with her regarding same . 13. left parents� house and look other house on rent and started living there with wife and kid as did not want any fight to happen in future 14. aggression and fights from wife and mother in law increased and started fighting on any irrelevant things 15. by the time renewation of degree date was due for which we require to attain CME and collect certificates ( points) and submit same to medical council. 16. wife did not attended and got her friends certificate ,erased her name and wrote her .made me to sign on her part saying if i don�t do the same she will hang herself and me and my family members will be blamable for same .so had to sign 17.had to visit her village for some work .she handed over the certificates and told to get color Xerox from there. 18.visited her parents� house and told them what she doing is wrong but instead they supported her 19. same fabricated documents submitted to medical council 20.told her to accept the wrong she had done before they catch you for same. 21. instead she fought and made to go out of house. Than called up on cell and said she is committing suicide and will write me and my family members name on suicide note stating we harnessed her . 22. ran back home ,had to break the door as she was not opening the same and found her sitting and playing mobile games. 23. stopped talking to her from then and just lived in the house for sake of my daughter 24. her parents came and said me that this marriage is over and to leave the premises and they will live there . i can meet my daughters whenever i want . 25. already bugged up i left the house and got another rented one for myself and started living there 26. visited on every alternate day to meet daughters 27.one fine day mother -law called and started giving bad words saying my daughters are ill and where i am.i was in clinic with patients .so told her the same and also told to speak properly.instead she banged the phone 28. annoyed with this i went at their place ( which was earlier my house ) and asked clarification as to why .she stated yelling and tried to assault me by hitting me with her hands . ( wife was not present there at that time ) 29.left the house and than never visited back there. 30 .as i could not bear the wrong done by wife , i filed complained against her in medical council for submitting fabricated documnets 31.i am not allowed to me my daughters my query.. 1.should i file application for visitation rights or for custody of children . 2.should i file divorce petition and is yes on what ground .or should i wait for them to file the same as i will have strong ground for divorce when their baseless allegations ( if any ) proved false. 3. can i take part in person during cross and argument stage . 4. Can she file 498A now. ( 9 yrs of marriage ) 5. if she files DV case at her native place , can same be transferred to my jurisdiction on basis of threat to life by showing the video of mother inlaw assaulting me Imp--- i have video recorded all the conversation happened between me and her and her family members including the one where i was assaulted. audio recording of wife threating me to commit suicide

kindly advice ...

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