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Mental harassment from wife and her family file fabricated cases

(Querist) 15 February 2016 This query is : Resolved 
Dear Experts,

I am married since 2002. My wife is the only child of her parents. She was a well behaving and loving partner for me.

We were happily staying together at my home, ground floor. My Parents were staying on the first floor.

It all started when our first child(son) was born in 2004, purely driven by my in-law's selfishness and crookedness to bring him up at their house with them and as per their wishes. They never liked me or my parents loving and caring him. Their intention was to take the child first, so that I would also go and stay with them for ever. But I was against this and very much wanted my wife and child to be with me. I could stay with my son only on weekends and it was because of in-laws strict orders, obeyed diligently by my wife. I could slowly realize that it was a planned move by 3 of them. There were frequent quarrels between us about this, but no physical assaults at all. There used to be separations between us which lasted even for an year without any communication, which were settled through mediators. In between, we got a girl child in 2012.

In one of the compromises made in 2008, the condition was that she would come and stay with me with my son, when my new independent house construction was over. However, it lagged a lot due to troubles from my in-laws. However, I managed to complete the house by 2013. It was a shock for them seeing the house completed though they tried their best to lag it as much as possible, because they were afraid of the fact that finally my wife would have to come and stay with me.

I invited her, though we were separated at the time of house warming, but she betrayed me again when she turned down my invitation, thus breaking the promise she made.

I had no choice, but invite her through advocate notice in 2013 end. She replied to it with all false allegations. In addition, file 3 cases (One in ACJM,under section 43 of domestic violence act, one in family court for recovery of money, gold etc and one for maint for children).

Fact is that all gold ornaments were taken back by her and kept in her locker within a week after marriage and I was least interested in her gold, money or any other assets. I was a software professional drawing decent salary and had family assets too. I never needed to depend on her money and was against dowry too. Still cases filed against me with false allegations for dowry harassment, mental and physical harrassment etc. I filed a case in 2013 for restitution.

I have been fighting the cases for past 2 years now. Child maint case is settled in Adalat. Domestic violence case reached evidence stage and finally dismissed as petitioner (wife) was continuously absent
for evidence. Case with family court for money and gold recovery is in evidence stage. I am sure that they will not have any evidence to produce to substantiate their claims in this case too.

However, I have withdrawn my petition with FC after waiting for long 2 years and giving her sufficient time for a second thought. But, she remained to be adamant on her decision, fully supported by her parents.

I am 40 years old now and most precious time in mylife spoiled for no reason. I never want a life with my wife again and planning to file a strong suit for Divorce, under section 13 of HMA, thats for cruelty(false dowry case) against partner.

I have following queries to you:

1. Can I go ahead?
2. If so, how long will it take in FC?
3. Will I have to pay any compensation? 4. Will I lose my hard earned assets (all in my name) for no reason of mine?

Having said that, I won't mind sharing my assets to my children, but at the appropriate time, not now, as I do not have any contacts with my wife and kids since 2013 and lost all the privilege to have a happy married life.

Kindly Advice..


Dr J C Vashista (Expert) 16 February 2016
Too long a story and not a query, be precise to get some "useful" free tips and advise, otherwise consult a local lawyer.
Rajendra K Goyal (Expert) 16 February 2016
You can once again try for amicable settlement.

1. You can go ahead.
2. Contested divorce may take 4-5 years.
3. You may have to pay maintenance for children and wife if not earning.
4. Rare chance that your assets may part from you if she is not a joint holder.
Hari (Querist) 18 February 2016
Thank you, Mr. Rajendra !!! Appreciate your patience, for having to go through my long story. My wife is earning, 50000+ monthly anyway.

Just one clarification, will section 13A under HMA be settled in an year, if I can prove that wife has filed false dowry and domestic violence cases against me? I have heard a SC verdict in a similar case in husband's favour.

Thank you for your kind advice. I seek your advice, for just to be prepared, so that my local lawyer does not back stab me.

Thanks & Regards.
Santosh Goswami,Advocate (Expert) 18 February 2016
You have a strong case in hand. The facts narrated by you certainly amounts to cruelty. The filing of false cases itself amounts to cruelty as ruled by various courts. You have desertion as second ground. But for that, the criminal cases should have been either dismissed or disposed off with your acquittal.
Wife has no property rights and therefore the question of sharing of asset does not arise. She can claim only maintenance but in your case it can also be countered on pretext of voluntary desertion.
It can be discussed.
9555462995
Hari (Querist) 19 February 2016
@ Santhosh: Thank you for your response Sir! Surely lets discuss; I shall contact you soon. Thank you for your time !
Ms.Usha Kapoor (Expert) 03 July 2018
I waagree with Rajendra Goyal JI and Santoshuh Goswamy JI.


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