janak r mehta (partner) 04 August 2012

Pl.advice

Dear All...

I m married male and hve one daughter of 12 yrs age. my marige year is 1995 and love marriage.presently i m having extremly serious conflict with my wife.She is a teacher in school since last 17 yrs.WE are having conflicts sice last 10 yrs and because of my efforts our marriage survived till date.This is strange but the fact.

MY in FATHER-IN-LAW 7 MOTHER-IN-LAW continuously interfereing in my marriage life and due to thier wrong advices my wife dosent get settled in our relaiton ship.WE are stying seperatly from my parents from the date of our marriage.MY wife has always created the problems in view to realtion ship with my parents and my sister who is married since last 14 yrs.MY parents and sister is not allowed to my home for lunch or dinner even at the time of festivals as she believes that in laws should be stayed away from our home.IN fact my parents and sister has never interfered in our marrigae life and never asked any typical information regarding our life.

IN year 2004 I have shifted to new house with help of my father .My father has helped to buy this house by giving me RS.05 LACS from his hard earned money just with a view that we can stay in a good house.

Her father and mother has constantly given her a wrong advices for relation with my parents and my sister.They have also tried my daughter to feed with a wrong and down graded information regarding me,my paresnt and my sister since last 02 years.My daughter has asked me once on this information whether this is true ,and at that time i came to know that they feeding my daughter also with such kind of poor information.

I am totaly broke up after hearing all this from my daughter and i have explained everyhting to my daughter. My daughter is also seeing everyhting and understanding everything about her mother's poor mentality for me,my parents and my sister so she has started opposing her mothe and nana/nani by saying the truth which i have explained her.

After this oppsing from daughter now my wife started harrasing her and thretning her saying that dont involve with your father and dada/dadi.My daughter is scared of her too much and she crying in fromt of me many times that pl.save from her. I m working in a pvt firm and my i m leaving my hone by 9 am and come back to home by 7.30 pm. My daughter come back from school by 4.30 pm and my wife come back from school by 6 pm. so between 6 to 7.30 pm she is threatning my daughter in multiple ways.

DUE TO ALL THIS NONSENSE BY MY WIFE ME AND MY DAUGHTER STAYING IN A SEPERATE ROOM. I M HAVING 03 BED ROOM BUNGLOW. JUST BEFORE TWO DAYS SHE HAS TOLD MY DAUGHTER THAT YOU SHOULD NOT STAY WITH YOUR FATHER AS HE MAY RAPE YOU.I WAS TOTALY BLANKED WHEN MY DAUGHTER HAS TOLD ME THIS CHEAPEST COMMENT GIVEN BY MY WIFE.

I have told her that why are you hearrasin our 12 yrs daughter by saying all this non sense constantly? I feel that she wanted a break up of relation ship between me and my daughter as her final aim is to stay withour any responsibility and duties for my parents and my sister.

I hvae asked her for divorse if she is not ready to fullfill basic duties and reponsibilites for me,my daughter and my parents.SHE has told me that i will never give you divorce and i will stay here only and i will do what ever i like. WE are not having any s*xual relation shipe since last two years. I have also told her that i dont want to disturb our daughter and for the sake of our daughter we can stay seperatly so we can stay peacefully. SHE told me that you can get out this house but i will not allow you to sale this house. MY current house is on joint name ( Me and my wife ). I have offered her RS.35 LACS AS COMPENTATION SO SHE CAN PURCHASE NEW FLAT AND STAY SEPERATLY. My daughter is also fed up with her mother and she is ready to stay with me wherever i decide to stay seperatly from my wife.

I am totaly broken in to pieces with her atitude. SHE is not allowing me and my daughter peacefully. SHE is not even making daily food for me.

YOU are kindly requested to pl.advice me for the folwing points.

[1] how can i sale the house AND stay seperately from my wife.

[2] how can i take the custody of my daughter

[3] how can ui save my parents from any false eligation by her and any complint against them.

PL.HELP ME.

PL.SAVE ME AND MY DAUGHTER ..

JANAK MEHTA

MOBILE NO 09428010037

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5 Replies

Never Give Up (Fighter) 04 August 2012

Simple solution , put her in hostel in local area and let her study from there.

Or Put her in boarding school so she will be separated from all this harassment...

As per your message, i think she will whole heartedly welcome the idea.

janak r mehta (partner) 04 August 2012

DEAR SIR..

IF i will suggest that option,she will easily convience my daughter that i have no feelinigs for my daughter AND she will not be rady with thsi optin also cos she wants that me and my daughter get seperated from each other.IF i suggets this option she will convience my daughter and keep with her. IN that i case she can easliy get the sympathy of others by saying that i m not having any felings for my daughter. I ma slo attached to much with my daughter and my daughter is also too much attached with me. DUE TO our atm at home my daughter is under tremandous pressure and if i tell her that i will put you in hostel,may be it will creat a heart break felings for her that now my father is not loving me and sending me to the hostel.

Thanks for your advice.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 04 August 2012

Dear Mr.Mehta,

1. It is your house - as per the law as of today, she has no right in the same. You have already incentivised her acts by offering Rs.35 lacs to her as a settlement. Dont' do that in future.

2. Your daughter is old enought to make a preference - and in case matter goes to court the court would asceratin her welfare with due regard to her wishes.

3. It is a good stage to start writing to authorities intimating about your plight.

4. Read https://bharatchugh.wordpress.com/2012/07/07/how-to-fight-a-false-498a-case-in-india-a-step-by-step-legal-strategy/#comments

1 Like

janak r mehta (partner) 04 August 2012

Dear BHARAT SIR..

THANK YOU VERYMUCH FOR YOUR REPLY...

SHE IS NOT READY FOR DIVORCE..IN THAT CASE HOE CAN I FILE A DIVORCE OR SOME COMPLAINT SO THAT I CAN STAY PEACEFULLY WITH MY DAUGHTER..?

I dont want to stay with her.. so in that case what are the optins for me??

pl.pl.sir..kindly advice for my querries..

Warm regards,

JANAK MEHTA

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 04 August 2012

If you are intending to get a divorce from your spouse, Divorce in India is a long legal procedure, whose period of prosecution takes at least six months. The divorce procedurevaries from the marriage acts of one personal law to another. All Hindus including Sikhs, Buddhists and Jains can seek divorce under Hindu Marriage Act. Whereas communities like Parsi, Christians, Muslims, have their own laws related to divorce. For example, Christians divorce laws are regulated by the Indian Divorce Act, 1869, and that of a Parsi by Parsi Marriage and Divorce Act, 1936. Inter community marriages are governed by Special Marriage Act, 1956.