Falsely changed under domestic violence
Survivor
(Querist) 27 May 2012
This query is : Resolved
Hi All,
This is very crucial time for me and my family. Before asking you my real query just want to give some overview of my marriage.
My marriage which was actually an arranged one took place in June 2008 and happily we started a new journey on our life. As usual post marriage we went for our honeymoon and came back to my home town and after 1 month I carried her to my working place where we purchased our house hold goods (I paid for that). But after some time I observed that she was only interested in me and did not caring to my Family. I was shocked and decided to discuss with her and she told me I and my (her) family only want that we stay out of your family and no interference she will accept if my family comes to my working place or she also does not want to go to my home town. This was very shocking to me, after some time I observed that she was in guidance of my mother in law and was destroying life of ours.
When I asked them clearly that I am only son of my parents and cannot leave them like that so they said if you don’t do this we will go for false litigation lie 498A or DV. I was in shock and was not able to think of for any next step then later on I decided to discuss the same with my Family and got very good support from them.
Once she tried for suicide just to show me that if you don’t be with me than be ready for worst time. From that time we are staying separately and after some time they put up a false DV case against me and my Family. Now, I am not sure how should I proceed for that because we both are from different states and we don’t know anyone from that city so becoming very crucial for me.
Please guide me, I don’t want to leave my Parents like that.
adv. rajeev ( rajoo )
(Expert) 27 May 2012
It is better to sort out the problems with the help of the your community elders.
ajay sethi
(Expert) 27 May 2012
you ought to have after marriage stayed separately inroder to try to save your marriage .
you could have stayed in place near your parents house which is not more than 5 minutes away .
it would have safegaurded your interests as she would not have been able to make serious allegations aginst your family members .
what are releifs claimed in DV case?
is she working?
Raj Kumar Makkad
(Expert) 27 May 2012
You have already told that your wife is working and residing in a city which is situated in other State than you and has filed a DV case. There is no problem to have good lawyer even at far place of you.
In the given circumstances, there is no other way before you but to contest litigation. You are advised to file a petition under section 9 of Hindu Marriage Act at your place seeking restitution of conjugal rights. Let her come to your city for contesting that petition and moreover this petition is always regarded as a positive step on the side of husband.
Survivor
(Querist) 27 May 2012
Thanks you all for your valuable inputs.
Would like to clear some points here.
We tried in many ways to sort out this problem and filed one case in "Paramarsh Kendra" where good social guys sit and provides good advices. In that also they did not come and send one letter saying that we are crual and she would be filing one case against us but they did not do like that and when I called them and asked the reality then they also thought that there were many mistakes of her while staying only with me or my Parents, she gave us in written that whatever she wrote to Paramarsh kendra was wrong and now onwards she will be staying with good attitude (this was written and signed by her parents and some known my community elders),their relatives were also coming to our house which was actually misguided by them (saying that we are crual and not keeping here well) but when they set with us and understood the reality so it was very surprizing for them too and they also suggested us that you just give them one change if then also they do not understand the things then you should surely proceed for divorce because no one can stay with this attitute of any Bahu or wife, and moreover to this her parents and nearby relatives also commit that there is totally mistake of her.
By filing DV case they are interested in my property and if possible to get protection order to rule on us and after that if we say any thing than she can stand in police station.
My parents were in different state and I am working in diff state so staying near by was not possible. She is not working currently but till my marriage confirmation she was working that I can prove.
Family Court has already started interim maintenance of 10k from last 6 months for my wife and 2.5 yrs old Son.
My worry is if I take her home by filing RCR or by settling down the case in Family court and after coming here if she again commits suiside then it will be more crucial for me.
Please suggest.
Shonee Kapoor
(Expert) 29 May 2012
If you have no intention of staying with her, don't file RCR.
Fight DV tooth and nail.
Join http://forum.498a.org/ and start attending SIFF meetings in your area.
If you think that undersigned can be of any help, feel free to get in touch.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
