Victim of cruelty seeking remedy
Arijit Poddar
(Querist) 04 July 2013
This query is : Resolved
Well She left her studies after class 9 hence not even cleared her 10th.She may work as a freelancer beautician.
I have filed for execution as suggested by my lawyer just for the sake of the child although I do not have any knowledge of any property in her name.
If she refuses in front of the Ld. Court as the order is being executed do I need to prove adultry because it is quite difficult to prove adultry however her actions do demostrate the same which I have already informed my lawyer?
Will I have to face any problems in getting divorce?
Adv Archana Deshmukh
(Expert) 04 July 2013
You have not put up facts properly. Improperly worded query.
Arijit Poddar
(Querist) 04 July 2013
Hi, My Wife left my place on pretext of staying at her place for 7 days on 06/05/12 and then never I filed for RCR on 05/16/12 after end number of requests in person at her place and telephonic in form of calls and texts. Hence she deserted without any justifiable cause. When I visited her her place she refused to come along as she demanded to stay separate from my parents which is not possible as I am a lone child. I was abused and thrown out on not agreeing to their demands.
Against the RCR they filed a false case u/s 498A on 19/06/12. I was in custody for 14 days and recieved a bail and was able to get anticipatory for my parents from High Court.Lately she filed for maintainace u/s 125, order is still pending.
In the mean time I being associated with Anti-Corruption Committee was able to get her father suspended on the grounds mentioned in the attached file. I have every document pertaining to the allegations and currently waiting for the final decision from IOCL.
Now I also have a exparte decree for the RCR that I filed and my wife bluntly refused to obey court's order. I filed for the execution though I do not have a knowledge of any property in her name.
In the mean time I am being harassed physically and mentally by my inlaws and a few associates and friends of my wife. I have already informed Police, DM, Hon. Home secretary(Central & State). Also her recent activities demonstrate every form of cruelty and adultry to some extent.
1)What are the steps that need to taken now?
2)I have a 2.5 year old child, how do I claim custody? I havent seen my son for more thean a year.
3)Am I liable to pay maintainance where desertion is establised?
4)What do I do if she refuses after execution?
5)What steps do I need to take after I get an acquittal in 498A which I am sure I will. will I still be liable for paying maintainance? As I am not willing to pay a single dime.
6)Is there any medical test which can be done to prove that she is not involved in any kind of adultry?
Adv Archana Deshmukh
(Expert) 04 July 2013
1)What are the steps that need to taken now?
You cannot force your wife to join you.
2)I have a 2.5 year old child, how do I claim custody? I havent seen my son for more thean a year.
-File for Visitation rights in the court. The court may not grant custody as the child is below 5 yrs of age.
3)Am I liable to pay maintainance where desertion is establised?
-No.
4)What do I do if she refuses after execution?
-File for divorce after one year.
5)What steps do I need to take after I get an acquittal in 498A which I am sure I will. will I still be liable for paying maintainance? As I am not willing to pay a single dime.
- Acquittal in 498A case has no impact on maintainance case.
6)Is there any medical test which can be done to prove that she is not involved in any kind of adultry?
-No.
prabhakar singh
(Expert) 04 July 2013
Your RCR decree can simply absolve you from paying her maintenance.
In addition it affords you a ground of divorce once a year passes on after it.
Getting acquitted of 498A means your's were
a malicious prosecution which would afford you an additional ground of divorce under term we call cruelty.
In addition such acquittal(depending on findings of court)may afford you to file suit of malicious prosecution.
About child only relief of visitation would be available.
R.K Nanda
(Expert) 04 July 2013
nothing to add.
