Tarun Bajaj (Service) 05 July 2015

Harassment by wife

Dear All,

Need your valueable inputs and Guidance !

1) I got married on 27.04.2004, after more than 2 years of his love affairs at Arya Samaj Temple, New Delhi, without any kind of demand of dowry and exchange of any costly articles, as her parents did not agree for the marriage proposal.

2) We both are post graduate.

3) I have two minor daughters and both are residing with me.

4) In the month of Nov 2011 ; I caught and my wife disclosed that she was having an extramarital affair since 2006; she gave her confession in written to me and wanted to start a new life and for sake of my children I forget the said incident.

5) I called her parents and my parents and disclosed everything.

6) In march 2012 she left my home and went to her parents as per there plan; and filed a false complaint against me in CAW Cell, New Delhi.

7) In may 2012 she called me and said she did a mistake again and wants to came back home. In june 2012 we both went to CAW Cell and she took her complaint back.

8) In Nov. 2013 she demanded for a mutual divorce and an agreement was signed between us ; she also took her jewelry back and signed on the agreement with the list of valuables.

9) Dec 2013 she ran away from home with the help of her parents taking everything along. I reported the same to the police (local police station) by calling 100 no. and by giving a complaint.

10) My in-laws stay in Panipat.

11) She lodged FIR against me and my parent dated 13.09.2014 U/S 498A and 406 of IPC at Panipat police station.

12) I took anticipatory bail and in Final report of FIR my parents were not found guilty.

13) And she also filed false cases against me from Solan, Himachal Preadesh as well.

List of cases filed by her are below on different dates and from different states;

27-06-2014 Chief Judicial Magistrate, Solan, H.P 125 Cr PC

19-07-2014 District and Sessions Court, Solan, H.P 10 H.M.A

13-09-2014 Judicial Court Complex, Panipat, 498A /406

27-04-2015 Chief Judicial Magistrate, Solan, H.P 12 D.V.Act

Me,my daughters and my parents are being harassed by her acts.

Please help and assist as what steps should I do.

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2 Replies

saravanan s (legal advisor) 05 July 2015

1.what stage is your 498a case? to let you know whether quashing can be done

2.as far as 125 crpc is concerned show with proofs that she had deserted voluntarily or in adultery she wont be entitled for maintenance

125.Order for maintenance of wives, children and parents.

(1) If any person having sufficient means neglects or refuses to maintain- (a) his wife, unable to maintain herself, or

b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct : Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means. Explanation.-For the purposes of this Chapter,-

(a) "minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875); is deemed not to have attained his majority;

(b) "wife" includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.

(2) Such allowance shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance

(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month's allowances remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due : Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such 866 Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing. Explanation.-If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife's refusal to live with him.

(4) No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or

If , without any sufficient reason, she refuses to live with her husband,

or if they are living separately by mutual consent.

(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.

3. sec 406 ipc is for recovery of sreedhan.file the mou where she had agreed that she took all the valuables from you as proof

Tarun Bajaj (Service) 05 July 2015

The case of 498A and 406 is at Judical court complex, Panipat, Haryana and under Petitioner's Evidence; I have attended two dates but she is not turning up there.

I have not attended any cases filed by her at Solan, Himachal Pradesh, as I am taking care of my minor daughters (age 4 and 8 years) and my parents who are senior citizen. Is there a way where I can appeal in my own home state (Delhi) and get the Solan, Himachal Pradesh cases transfered here and contest. If, so how can I do that ?