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Aniket shatma (self shop)     12 April 2014

Advise needed to avoid dowry/dv charges harrasment

My Case:

My wife works at ICICI bank,after marriage she did not get transferred immediately, so she and I lived separately at our own work locations, on 14-apr-13 I met with an accident and got bed ridden for 8+ months and to this date I'm still plastered on left leg, during same month,i.e., april-13, she got her transfer and started living with me and my parents and continued her job.

Now, during our stay in my parent's home, she and my mother used to have some disputes, I advised her to refrain from such acts, as these are hard times and once it will pass, everything will be all right, but she didn't listen, things went bad enough for me to put her phone on recording, from these recordings I came to know of 3 things:

1. she has cranial calcification, and is taking medicines for past 3 yrs, we got married w/o this info.

2. she had a past boyfriend, which is of no concern, but trouble is she is still talking to her even after marriage.

3. her father is the one, to air her anger and making matter the worse.

When we confronted her about these, she cried a lot, we got sympathetic and forgive her, but we asked her not to talk to her parents, everything was ok for a month or so, and after that she was back on notoriety again, and out of the blue she left our home on 28-dec-2013, the day I informed her that I will be joining office on 3-jan-14 and all her troubles are about to end, since that day she is living with her parents.

 

My Question:

Now, I want to give her divorce but am afraid she will use false FIR to threaten us, so advise me, if I file for a divorce, can she still file for dowry harrasement, domestic violence etc, even though she is living with her parents for past 4-5 months?

Also, I came to know that she even resigned from her job after leaving us,i.e., on 6-Feb-2014, will she be entitled to any alimony, as she is not working now?



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     13 April 2014

Do not rush up with divorce case so early.  If she is staying back in her parents house separately away from you without any reason and not replying to any of your requests to come  back to your house, you may issue a lawyer's notice asking her to rejoin you to her matrimonial house to resume the disrupted  marital voyage, together.  If she is not responding to your notice, wait for the developments on her side, if she is likely to take revenge on you over this notice, she may file false complaint with the police u/s 498a or dowry prohibition act, under such situation, watching her closely, you as well as your other family members may obtain AB through your lawyer and after that decide further course of legal action against her, before that do not take any decision in haste.  Wait and watch the developments patiently.

1 Like

Aniket shatma (self shop)     13 April 2014

Thank you sir, but I already filed a case in court for her to return, even after 2 notices, they have not replied, nor responded to summons, while trying to talk to them, they said they wanted to send but indirectly indicated that I should distant myself from my parents, which is not acceptable. They have not filed any harrassement case till now, but I expect that when I file for divorce, then they will resort to such means.

my third date is in next week, if they don't respond this time too, what should I do next?

Samir N (General Queries) (Business)     14 April 2014

@Aniket. I received your PM pointing to this post and thought I would reply here so that others could comment. I have read Adv. Kalaselvan's comments and I agree with them. Do rely on his guidance.  I will add a generic comment that it is very difficult for a man to get divorce unless his wife has deserted him for a period of 2 years.  Your repeated efforts to get her back should fail over a period of two years to make getting divorce easy. Cruelty will be hard for you to prove with your facts/circumstances.  


I will end by emphasizing the Advocate's first line: "Do not rush up with divorce case so early." As for false cases, you cannot prevent her from filing them. If she does file them, let them take their due course. Your biggest loss is not in losing them, because you will most likely win them but in the amount of emotions, energy, money and time lost in fighting them. So, stay cool and minimize these losses. If you win, they could provide additional grounds for divorce. All this can be a  long-drawn-out process. So, try to reconcile and stay married. Make some compromises and even some sacrifices to make that happen. Believe me... it is not worth getting into the Courts if you can avoid it. Of course, if you really do not want to stay married to her then so be it.


As for maintenance, it is a complex topic. Under 125 Cr.P.C. she must show that she cannot maintain herself. Her resigning voluntarily, if proven, can help you. Under other laws, there are other factors involved too. Her qualification compared to yours, her earning potential, experience, savings, your lifestyle during marriage - A lot of facts are involved here and the law varies slightly from High Court to High Court. For example, if you are from Delhi, there are lot of judgments in favor of the husband.

GOOD LUCK!

 

 

1 Like

Adv k . mahesh (advocate)     15 April 2014

here you have not mentioned thus you made any mediation to solve the issue without going for divorce because you have forgotten her ill and lived happily  for one month

why directly filed case thus have you personally went to her and discussed not with her parents but with your wife [as you said that you should come out of that house] thus wife parents stay in the same city

because some differences will arise by talking face to face and negotiating them will solve the issue and about medical issue first come to a conclusion that what is the harm about that particular medicines in your married life


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