Ajay P singh (PA) 03 September 2014

Marriage at stake at age 60

I am 59 years old and working in a semi-govt company and getting retired in Dec 2014. I have wife and 2 sons (1st - 20 years old MBA final year and 2nd - studying in 10th class). We are living in company provided house from past 16-17 years. No pension I will get, But I will be getting retirement money from my company in Dec.

My entire family life has not been smooth, as my wife always took money in bits from me, whenever there is a festival, used to go to her home frequently with kids, and keeps on asking me money and spending it in eatables and other useless things. I never used to give lump-sum amount for home spending, as I used to take care of house-hold living things, like kitchen rashan, clothing and fees of kids.

Now in Aug month, I have got letter from court, as a case from my wife.

Following are some of the key points of the case:

a) That I (husband) has not kept care of her and kids, and that her brother has been guardian for her and kids, taking care of regular day-to-day needs, fees, clothing, rashan and all needs. [which is obviously very wrong, fees I am giving through my pocket and from PF/earned leaves money].

b) At the time of marriage dowry had been taken [which was wrong, and just a simple marriage was done]

c) At the time of Birth of both kids, she (wife) was thrown to her parents house for birth and nursing expenditure, and that after birth of the sons, choochak (dowry) was asked. [which is wrong, and 1st kid got birth in a nursing home near my parents house and 2nd was in a nursing home near my company provided accomodation]

d) That I (husband) is giving all money to my 2 sisters, 1 brother, and previously to mother, who is no-more now. Their names are also being put in the court letter.

CASE: She has demanded regular money every month (60k) and that money from retirement should be given to her.

All this is happening NOW because I will be getting retirement money from my company in Dec.

But, I want to maintain the family, want to live with wife and kids.

Apart from this, below are some conditions of my family:

1) Because of all money being spend in useless things, I have not even maintained a car, or not even taken a house.

2) She is living in the apartment provided by company, still she many times closes the house and i have to sleep in office, park, etc.

3) We both are in same house, but she has not made me feel that she has filed a case, and now a days college fees of elder son (20 years old MBA final year) has to be given so she is giving food to me and talking properly, and asks me to give fees (1.70L).

4) She forces me now and then that take a house for living, and tells me to dont worry about daily living after retirement, as our elder son will be doing job.

5) I strongly doubt on the above point, as she has full control of both the kids, and both sons argue with me many a time regarding money etc. So if i take a home from retirement money, they will live in it and throw me out of the house.

My Questions in this case:

1) Confused about the regular money every month demanded, should be given?

2) Confused about the purchase of house, should be good for me in future?

3) What all can i do to protect me and save myself and keep this family maintained in future.

Please give direction to defend my case. And is there any Senior Citizen ship priority will be given to me as i am and will be attaining 60 years of age.

Two cases are filed, 1 in Patialla house and 1 in local court.

Thanks in advance. Regards, MG.

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4 Replies

Adv. Nikhil Seth (legal consultant (9867264707)) 03 September 2014

In your case your defense is that all is your money legally she has no right towards your claims.

You can defend the case in normal ways not to worry. Throw some more light like what she has prayed in her case.

So that we shall be in better position to give you guidance.

Regards,

Adv.NIKHIL SETH

Mumbai

9867264707

1 Like

(Guest)

Dear sir (author),

I felt very upset for you,

you whole life earned for your wife and children and when time had come to lead a retirement life with peace and tranquallity then your own wife and children are abusing via giving threats of throwing you out from your own house(rented or owned doesnt matter).

Unfortunate to say sir, in India there are lakhs of such males who are in the shoes of conditions which you are facing right now.

But, Indian males are so unlucky that there is no domestic voilence act for such males likely to the gender neutral acts of britain and USA.

So, what to do sir, we are borned in India , hence we are governed by these silly and one sided laws. We are slaves under the attire of civilized citizen.

R.I.P---Martyrs of Biased law, where ever you are please down pour some rain on these barren land of biased Indian laws. So, that here general man can survive without any threats and extortions.

Other part of the query,

Solution:

1. Legally she has no rights on your any properties, retirement benefits and any financial gains provided that you have not assigned her has nominee or benefactors.

2. Your child is going to attain 21 of years of age after that legally he is not bound to ask maintenance or any expenditures related to anything. But morally every parents take care of their childrens, so it depends totally on your wish.

3. You will certainly have benefits privileges under senior citizen act.

4. If she files dowry case after 4 decades of long history, then her case will be treated as a chapter of fake history without any reason for its survival.

5. Dont worry sir, be happy. We are always with you. Just cheers for your life and enjoy it as what ever ways it had stored for you.

6. Let her come with bogus and fraud cases, let her come with any immaterialistic allegations without any suffice, I bet even she is not a sweet 20 that she will run around courts at this old age.

7. Come again with your recent updates and throw some more facts related to your case as what cases she had filled and what she is demanding, what is stage of such proceeding etc.

8. Always prefer to consult a lawyer before any move, so hire a local seasoned lawyer from your jurisdiction.

Good luck

With regards,

ESIS

1 Like

Ajay P singh (PA) 05 September 2014

Thanks for the comments above.

FYI, on the date of court, judge was not present, so we got a new date.

We tried to influence her personally, but she does not understand.

She now says (her prayers):

a) That she wants the retirement money in both of our names, Husband(me) and Wife(her) and after sign of both from bank, money can be taken out.

b) That she wants to purchase a house, in both of our names, Husband(me) and Wife(her).

c) That I(husband) should give the fees of my son (MBA 2nd year).

d) That after purchasing house from retirement money (Due in Dec 2014), what ever money is left, we will fix that and nominee will be she and both kids.

My query, regarding above prayers of her:

a) I dont want to put money in both of our names, as she will harrasse me everytime to get money, and I am scared that all money they might take quickly and then show me the way out.

b) I dont want to take house and even if I take, dont want her name in it, as I am scared that she might acquire the house and put me out of the house (she has done this before in my company provided apartment)

c) Should I give fees of my son (2Lakhs), as court case is already going on, and I have no money, rather i have to take out advance PF money from company?

d) The money fixed in my name, and they being nominee, I am scared of my life too, in this case.

Please help, what should be my steps of action.

Though my plea is to have a comfortable family life.

Thanks. Regards, MG