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(Guest)

Wife mental as well as physical torture- seeking for divorce

hi,

i got married a year ago and my life is in misery. before marriage my spouse aspects behaviour wise was good. few weeks after marriage i was shocked to see in my bed room with locked condition inside she was drinking brandy wine and beer bottles and also forcing me give company for her to have fun at nights. since i am an nri and have been employed in US and took her over there and quite happy few days. meanwhile getting my monthly salary she is demanding huge money about 10 lakhs to arrange within a month if not threatened warned me that she will file dowry case on my whole family. her parents also joined her for support and blackmailed me for huge amount to give immediately. i refused it but when i left office she theft my money about one lakh from my bank account. Again when i am out for official works she used to consume alcohol in my home with her friends. i adviced not to do such bad things, since my family was a decent family but for that she beated me severely and pelted stones,house hold kitchen items on my head blood started bleeding on my face and also scolded with very bad abusive words saying i am a son of b*st*rd, my father is mother f**ker and my mom a b*tch etc etc ., which are unable to hear in ears and i recorded the same and also her emails. since her plan was to extract my money and one of my apartment in a city on my name. she asked me to buy another apartment on her name and register on her parents and give salary on her hand and i refused to comply her demand then she took support from local goons and lodged false fir complaint in poilce that i was asking dowry. later registering fir police enquired and said no dowry and no evidences of it. still chargesheet not submitted to court for trial. further i took advice of local lawyer and gave divorce. now she is not signing the divorce papers. she has support of many politically linked illegal goons and they are threatening me to give 60 lakhs as settlement to her and two lakh commission fees for them otherwise to murder me. i don't know what to do. my consulting lawyer seems to be indirectly supporting the opponent and sluggish action. shall i consult a better hc lawyer to file defamation case on her family with the records? what should i do to come out of her trouble pls advice? 



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 13 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     29 May 2016

Court cannot give divorce for simple reasons. There should be strong evidence for any mental torture.

1 Like

(Guest)

stated reasons cannot be taken easy legally i hope. as part of evidence verbal abuse voice records, drinking proofs and money theft records available. shall i file defamation under criminal suit to come out of this issue?

SAINATH DEVALLA (LEGAL CONSULTANT)     29 May 2016

In addition to the apt reply of Sr Adv Ramachary,I would like to state that the above is the versiionof the husband and the wife's version could be entirely differrent.As said by the elders,we need bot the hands to clap and hence judging by viewing one side of tghe coin does not yield correct suggestion.

90% of busbands are not innocent and 90% of the wife's are not cruel and harsh.Marriage is a sacred occassion happenning in the life of men and women.It get cracked only if it is devoid of love affection and proper understanding between the two.

1 Like

(Guest)
  1. Criminal defamation and divorce due to cruelty. These are BAD ideas. These cases will not solve any problem, they will languish in court for 10 years with no effect. 
  2. There is no quick way to get out of dowry cases, no counter cases, no amount of evidence can help. Only way is to let the process take its course. If you refuse to bow down, false cases go hit wife like a boomerang. 
  3. Most dowry complaints are about wife feeling upset about something (usually no connection to dowry) and using legal machinery to put pressure or express anger.
  4. In Indian legal system complainant usually needs to give no proof at early stages of case. You have to deal with police, bail, interim maintenance etc. while she does not need to give a single proof of her story.
  5. This starts to change after 1.5 to 2 years of case filing. Bail, interim maintenance etc. are usually done at this time. Now she needs to prove her story. All contradictions and lies start coming out in court one by one. She starts getting caught in own web of lies and danger of criminal cases against wife - with actual merit - starts to loom.
  6. Before this time you can jump around any way you want, it will have no effect. You have to find a way to enjoy and continue your life while her drama unfolds.
  7. If you are abroad and your wife in India, then forget about her and her cases. Let her run in courts for years and years. Find another partner (without marriage) and continue life.
  8. Marriages fail due to failure of both sides (as suggested by Sainath Sir). In modern day with economic moblity, failure of marriage is increasing phenomenon like all developed countries. Failure of marriage is not a crime and does not warrant 10 year long criminal trials. Subjecting every failed marriage to long court cases is destroying fabric of society and clogging the judiciary more than ever before. I predict that in 10 years faith in marriage will drop drastically in India much more than western countries due to ongoing epidemic.
  9. Almost every divorce in Indian cities is nowdays going through this long journey CAW cell, 498A FIR, Maintenance, DV, Anticipatory Bail, Quash .... and finally Mutual Consent Divorce. 
  10. Don't take it personally. You are having front row seat to see radical transformation of family system in India because of laws. You are part of the winds of change.
  11. Best of luck.
1 Like

A walk alone (-)     29 May 2016

If FIR is registered get it quash at initial stage from HC with the help of these evidence. Dnt file any case. Indian judicial system is worst one. You will only get dates and waste your money and time here. First try MCD. If she dnt agree then file divorce in US. As you are after marriage living there and there you can get divorce in more easier way with the help of evidence.
1 Like

(Guest)

mcd seems not possible. after serving my divorce pspers end of year 2015 almost four calls from court over and she arrived for the first one and later all she was not present. she is finding gap to enter my family and spoil again. also i lost my previous job in US. trying to go back again. will that be a trouble? tried to quash the fir at local station but police said to take care in court. and also they sucked me so much money like around 2 lakhs so far for this false case. but result was none and kept open.her local goons are supporting in the station and has links inside seems to be


(Guest)

Giving money to police is huge mistake. They will only ask for more without doing anything. Police have very little power in these cases, everything is decided in court.

1 Like

(Guest)

thanks autohide for the reply. i believe in the hands of my lawyer but when i tried to appraoch police station to resolve the case mutually my lawyer is warning not to go without his knowledge. i dont know what was his problem? also the police says even they took money from me they are willing to close the fir since the complainant never came to station with any evidences but my lawyer is blocking me.


(Guest)

for every appearance dates i arrive in court. magistrate never reviewed the evidence with divorce reasons statements and never enquired the respondent or me what happened. the bad talk of her family audio has never been questioned by the magistrate in the court and simply said like go now and come next month for appear. my relatives who went for having peaceful talk about each other life were been humiliated by their bad behaviour. such a very very very very very very very very extremely hard bad words cheap low level words against my entire family members which i have never taken those or heard those words in my life time of birth wholeheartedly frankly speaking to advocates. i lost my patience and only i feel god stands in front of me and no other to rescue from this issue. thnaks


(Guest)

right sir and thanx for suggestion

A walk alone (-)     29 May 2016

your lawyer is blocking you change your lawyer. If police was ready to close case then why he interfere? Divorce is not easy . Divorce case may run 4-5 years . Indian courts only give dates . Its wastage of time and money. If you can give money to police then why dnt you negotiate with her. If she is not ready then you can offer judge also money to disposal case early. Almost judicial system is corrupted. May money work.

Sudhir Kumar, Advocate (Advocate)     31 May 2016

how many threads you have opened on this subject.

Sudhir Kumar, Advocate (Advocate)     01 June 2016

  1. why she is not signing?
  2. which paper is it on which you want her signature?
  3. how do you feel that divorce has taken place?
  4. how much settlement money she is demanding?
  5. why should she liberate you without any money?
  6. how many persons are accused in 498a?
  7. what do you hink are bad words spoen by FIL,?
  8. why is it not that case that as and whenon father protests against torture of his daughter he is branded as abusive?
  9. Who are the rowdies with her?
  10. How are they related to her?
  11. why is it not that case that as and a girls's relative protests against her torture they are branded as rowdies?
  12. How do you think that you are not at all wrong?

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