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Vijay Kumar (Advocate)     19 September 2015

Husband

The husband has complained that his wife has deserted him without excuse 12 years ago, not informed when son took birth 11.5 years ago, has not come to condole death of her husband's mother, took away 30 tola gold.

This is the first ever complaint by husband. No litigation till now.

The Supdtt. Of Police has served notice upon wife, her father and brother.

          In fact, the husband is bad character person, hence his wife dislikes to take maintenance from him or even punish him, she has struggled hard to survive and educate her son. She says, if her husband gets divorce, he would spoil some other girl.

Actually, this is the pressure tactics to force for divorce.

Please advice what to say before the Supdtt of Police.What the police can do against girl and her family?



Learning

 7 Replies

prabhakar advocate (advocate)     19 September 2015

Out of four allegations, taking away 30  tola gold is the only allegation that confers the police to investigate in the case.  She has to take her counsel along with her to the police and give her written statement that she did not take away gold and the complaint was time barred and the husband to extract divorce and avoid maintenance is filing a false complaint.  Police cannot take any action, as prima-facie case does not lie.  Once he files divorce case, then she can contest it on merits. 

Vijay Kumar (Advocate)     19 September 2015

Thank you,sir for reply. It is his admitted case that since 2003, the wife has not visited her husband's home. That means he has awoken up from sleep after 12 years.

Vijay Kumar (Advocate)     19 September 2015

Thank you,sir for reply. It is his admitted case that since 2003, the wife has not visited her husband's home. That means he has woken up from sleep after 12 years.

Vijay Kumar (Advocate)     19 September 2015

Sorry for clicking twice by mistake

SAINATH DEVALLA (LEGAL CONSULTANT)     20 September 2015

Took away 30 tola of gold,when was it?Child is 11 1/2 years means she must have gone to her parents home for delivery. 

Vijay Kumar (Advocate)     20 September 2015

Sir, 3 Nov.2003 was the day when she visited her husband's house for the last time. It is admitted case that she is living with her parents since then; she gave birth to her son in March 2004. Husband has levelled vague allegation that " My wife took 30 tola gold" without telling any date, time , place or ocassion. Never before now, he has spoken in this regard.

The police should ask him," Where were you during these 12 years?"

Am I correct?

Vijay Kumar (Advocate)     20 September 2015

Sir, 3 Nov.2003 was the day when she visited her husband's house for the last time. It is admitted case that she is living with her parents since then; she gave birth to her son in March 2004 at her parental home. Husband has levelled vague allegation that " My wife took 30 tola gold" without telling any date, time , place or ocassion. Never before now, he has spoken in this regard.

The police should ask him," Where were you during these 12 years?"

Am I correct?


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