harrassed husband (chemist) 10 May 2013

Judicial seperation filed against wife ...untolerable!!!!

Hello dear forum members & advocates...

Here is my tortured narrated story... got married in nov 2011 in ahmedabad.....after spending two months of peaceful life wife started her original colour.....going to her maternal home daily basis... without informing...started insulting my parents in a very small matter and started abused daily in front of me also....then in may 2012 her 9 relatives come to our home nd made tamasha until 1 am in d morning nd took her away demanding me to live seperate from my home....then again "politician" mediators come through d middle and settled the things........by the time of oct. 2012 her brother find a rented flat and without rental agreement forced me to live there with wife..again after 1 week of peace again abusing towards my parents continue....so in end of march 2013 she started hitting me like anything.....in traumatic mental condition i left that home with empty hand and come back to my parents home in ahmedabad. i took some advice from lawyer and he filed petition on behalf of me for judicial seperation on d basic of cruelty...meanwhile she took her all stridhan with her and when i went to my flat for taking my stuff back i was shocked that lock of flat changed....now what should i do?? i can't live with her anymore.....plz help me.....she used to say that she will put 498a, DV against me.....i never slapped her.....she is the one who used to hit me and abuse all of my family members............i feared that wht will happened if i lost judicial seperation petition??? my date is coming near in court......i never see the court before as i am very worried.....

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14 Replies

Shantanu Wavhal (Worker) 11 May 2013

what do u want to achieve through Judicial Separation ??

seems - ur lawyer advised to file & u followed him

first take a firm decision & then act accordingly.

Tajobsindia (Senior Partner ) 11 May 2013

1. With only incidence narrations not collecting proofs [of domestic violence which many Indian men suffer silently every day in some or the corners of India either they are not bold enough to report OR no one hears / believes that a Indian married men can also face domestic violence from wife / In Laws] by reporting to Police Control Room # 100 or get made police general diary entry, you were rightly adviced to file for JC. Contentious peace of mind is call of the day in such limited brief is my view and average Indian men donot know still much family Laws.
2. Afterall a JC can turn into Divorce decree it is just matter of time.
3. Keep certified copy of petition and watch for any counter blasts from her side in nearest day.

1 Like

(Guest)

@Querist,

For the time being, you must digitally recored all your conversation with your wife and in-laws.This will help you in the hard time which is yet to come.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

harrassed husband (chemist) 11 May 2013

@amit:

i want to achieve life time seperation from her.......that means divorce.......i can't live with a person who is constantly insultingand abusing my parents . she wants 30 lacs rupees for mcd.......i don't want to pay a single rupees......she is rich.....so she want a slave in d name of husband who can dance on her fingertips.....

harrassed husband (chemist) 11 May 2013

@ Tajobs india:

thanks for your couraging reply.....tht will boost my moral support.. still untill i write this there is no case on me.....but i am expecting 498a, DV as gift package on my birthday which is in this week......bcz she used to said that she will put a case on my birthday and that way she will gift me different allegation and send me into behind the bars on my birthday.........

harrassed husband (chemist) 11 May 2013

@need justice:

ya she is in ahmedabad only....but matrimony home and her mother's home are about 20kms away....

i am not scared about her wrong different allegation but i am scared about my elder parents......and rented home was on without any rental agreement and they forcefully made me to live there for the just the sake of money. as they are related with buider business. her fater was a big builder and have very much blackmoney....even after filing petition when i go back to take my home stuff which was given by my parents and some of them are bought from my income..she changed a lock of flat.......so my medical reports and other home stuff are lying there........how should i recover that?? she tortured me such a way that i was depressed and got suffered from long 15-25 days sickness......she also broke my mobile phone at d time of recording her abusing towards me and my other family members......as i was sick i was unable to protect myself....she used to beat me on small small matter and throwing household stuffs on me......

ashoksrivastava (scientist) 11 May 2013

BE A MAN AND FACE THE CHALLENGE LIKE A MAN. There are many victims in this forum who had never been to court earlier in life but they rose to the challenge and made their inlaws bite the dust. Just hire a honest and competent lawyer and he will take care of the rest. I can assure you that after you come out of this phase you will feel stronger like never before.Later you should be able to get MCD on terms agreeable to both parties.

regards ASHOK

harrassed husband (chemist) 14 June 2013

Hello dear experts and Seniors,

Greetings.

In the past month i got a gift package of DV act...in which filed all false allegation u/s 18, 19, 20 & 22.

I got today certified copy of DV case...facts below mentioned........

u/s 18: protection order

u/s 19: 3000 Rs towards rent: she did a rental agreement on her name without my knowledge just 1 day prior to file a DV case. I filed judicial seperation on 16 th april..

u/s 20: 5000 Rs for food, clothes and other expensis.

u/s 22: Rs. 5,00,000 but nothing mentioned in detail

My point is she did a rental aggreement. on 21.5.13 for 2 yrs.......do a judge forcefully made me to pay her rent seperately..?? i filed judicial seperation on 16.4.13

they took me forcefully live over there.......no where i was agree to live over there.

My income is around 10000 rs......she also mentioned that i have a medical shop in parterner ship( i give my pharmacy licence for jst a little money.....to medical shop owner)

even last few day i recieved a phone calls from police station regarding 498a....In DV case she made a false allegation regarding dowry........which is totally baseless.......against all of 4 my family members........

Experts please give replies or suggestion....

(Guest)

^ ^ ^

Relief only if domestic violence has happnd. Or else no relief. So fight case on merits.

harrassed husband (chemist) 01 July 2013

Hi...brother, got my second hearing today........i got little aggressive when opposite party wrongly blame me.........so now magistrate want to start the case...today she was asking for interim order immidiately......she is saying that i earning 19000 in a company and 20,000 from a pharmacy shop owner.........but my net salary is 10,000 rs.........and i put my pharmacist's licence on rent for jst little money 1000 a month to a pharmacy owner.........so how can own that shop....... now my concern is she did a rental agreement on her name of flat........and asking for 3000 per month as a rent and plus 5000 for her day to day expenditure......so total 8000 rs she is asking...........how judge will decide her interim order application.... i m earning only 10000 rs a month...... she had big money on her name in the name of bank FD and also in a various saving account.....i have some of that information.....but not exactly about the her bank FD... even lawyer ask me to submit my salary slip as a proof......i also have her PAN CARD DETAIL......THT ALSO I OBTAIN FROM ONLINE DATA......NOT A XEROX COPY.....can i submit that to a lawyer?? but she didn't fill ITR return so far.....she is smart........with PAN CARD DETAIL can court do some investigation regarding her transaction........ how to expose her money to minimize the maintainance...?? give me suggestions........

(Guest)

Originally posted by : harrassed husband

Hi...brother,

got my second hearing today........

Not a big deal.

i got little aggressive when opposite party wrongly blame me.........

Tail inside your a-s-s. Never show how long your tail is inside the court hall before the judge! You will repent later on,

so now magistrate want to start the case...today she was asking for interim order immidiately......

Let the magistrate start the case. She will ask for IA order, seeing that how aggressive you were in front of the judge! Were you out of your mind when you got aggressive before the judge ??

she is saying that i earning 19000 in a company and 20,000 from a pharmacy shop owner.........but my net salary is 10,000 rs.........and i put my pharmacist's licence on rent for jst little money 1000 a month to a pharmacy owner.........so how can own that shop.......

She ie your lovely wife can tell you earn a million dollars per month, but burden of proof lies on you, Submit all necessary documents pertaining to your income [income-expenditure] and her income and her property details etc..

If you did too and the judge did not consider it, its because of your aggressive behaviour that the judge is not listening to your part of the story. I told you, you will repent !

now my concern is she did a rental agreement on her name of flat........and asking for 3000 per month as a rent and plus 5000 for her day to day expenditure......so total 8000 rs she is asking...........how judge will decide her interim order application....

She will ask RED FORT in Delhi, but that not be given, judge take into consideration, your income ie income - expenditure = 1/3rd of income of such derived. And also look into, . . your lovely wife's income [you provide salary slip, educational qualification etc details, her property, her fixed deposits in her name etc] and if court come to know that your lovely lovely is fit enough to work/having source of income, then no alimony will be awarded.

i m earning only 10000 rs a month......

she had big money on her name in the name of bank FD and also in a various saving account.....i have some of that information.....but not exactly about the her bank FD...

even lawyer ask me to submit my salary slip as a proof......i also have her PAN CARD DETAIL......THT ALSO I OBTAIN FROM ONLINE DATA......NOT A XEROX COPY.....can i submit that to a lawyer?? but she didn't fill ITR return so far.....she is smart........with PAN CARD DETAIL can court do some investigation regarding her transaction........

Submit all such documents pertaining to wife to court.

how to expose her money to minimize the maintainance...??

give me suggestions........

Minimize maintenance with proof of her income, and appeal in HC u/s 127.

harrassed husband (chemist) 20 July 2013

Dear Experts,

In my Judicial seperation case wife file under HMA 24 asking for maintainance rs. 10000 per month and 25000 as litigation expenses........now also under DV case she is asking for maintainance..around 8000 rs.....now what should i do to avoid multiple maintaince........is Withdrawn of Judicial seperation case help me in this scenario.......or she can definately can get maintaince under different section.......i am very confused and stressed...........bcz i m from middle class family......wht could protect me from avoiding different multiple maintainance.........

Thanks......

(Guest)

Originally posted by : harrassed husband

Dear Experts,

In my Judicial seperation case wife file under HMA 24 asking for maintainance rs. 10000 per month and 25000 as litigation expenses........now also under DV case she is asking for maintainance..around 8000 rs.....now what should i do to avoid multiple maintaince........

Let her ask maintenance in another 10 courts, beg in each and every court. But this is court, beggars will beg at railway station, bus stand, airport, temple, church, gurudwara, etc, for them can ask anywhere. but in court can ask at 10 places but can get alms only at 1 court, under 1 section of law. Read the attached judgment I am posting herewith for your information, you can also use the citation in objections too..

is Withdrawn of Judicial seperation case help me in this scenario.......or she can definately can get maintaince under different section.......i am very confused and stressed...........bcz i m from middle class family......wht could protect me from avoiding different multiple maintainance.........

Thanks......

Even litigation expenses she can ask only once, and at one court, and once such litigation expenses are paid, that is for the entire case, ie till case gets over she cannot ask litigation expenses again and again.

Dont take any stress, its just the beginning, you have a long way to go.

Attached File : 111368571 delhihc nomultiplemaintenance.pdf downloaded: 281 times