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Harrish21   25 July 2015

Crpc 125 and divroce pending

Hi Experts and Masters,

I thank you all for your help and support to others. God bless you all, My problems are as follows,(I am muslim by birth and my wife was a penthacost christian by birht) i do not want to pay my greedy/cheating educated(B.Tech) wife)

1 Married a girl from a different religion who changed her religion for name sake and devasted my life for 6.5 years(2008 to 2014), All that shee needed was money there was no true love or affection, As of 2010(No Child) she filed a petiton for divorce as per her parents complusion to divorce me and to convert back to her native religion, and in the first hearing itself she withdraw the petion stating she just rushed up and said that she wanted to live only with me(Just for my money). As of June-2014 she left the matriomonial home along with my sweet little 1.5 years(as of June-14) child, and filed a petition for dissolution of marriage under Muslim Marriage act, In the last hearing the Judge told me to file a Written statment in the coming heraring, Should i state i that i want to live her(in that case she will tell stories like i will kill her if she lives with me and BS) or shall i state that i do not want to live and i do not want to pay any money due to she is educated, Please answer.

2. In 2008 she converted her religion and married me, her parents left her on the road, it was myself and my family who took care of her, including marriage expenses, gold and etc where are taken care from my father's money. In the last hearing(6th of this month) she has filed a CrPC 125 court seal shows dated MAR-15 and asking for 30K monthly maitance(15K for the child and 15K for her) stating that I am earnign 56K per month(Not True) she is unemployed and unable to maintain herself and the child. The fact is that i have several medical conditions, 1. Sever Dizzines 2. Sheboric Psoriasis 3. Leg fractured and operated with Steel plate, due to these medical conditions i am unable to work full time(9 hours shift), the company is paying me based on the hours worked, The last time i got my full net take home salary was in DEC-2011, Also i calculated my salary from July-14 to July-15 the Average take home comes around 37K only resulting in 20K Loss pay per month due to health issues, With that 37K i have to take care of the following

Lodge room Rent- 7,500

Housel holds havee been kept in a place for which i pay 2,500 p/m

Food:(250 per day) = 7,500

Transportation Auto: 4,000(Cant travel by bus due to fractured leg)

Persanol Loan(Taken as per the coercion of wife) EMI: 6K

Medicines: 3K

Other debt repay per month: 5K 

Total Expenses per month is 35(Average take home is 37K).

I have proof for for all the above excpe tof the 5K other debt due to I was depressed becasue fo the serpatetion of the child and could not concentrate on work, so i did not got to work properly and have to borrow money for my expenses. Any way, will the court consider the above commitments that i have and deny the maintaince for the greedy wife, Also i am redy to cancel my LIC policy(35% loss) and will get 1 Lac which i am ready to give for my sweet little child, however i do not want to pay any money to my greedy wife. Please advise.

3. Since marriage and serpation(July 2008 to June-2014) i have earned 24 lacs which i have no idea how my wife spent due to she will dominate and say that she must be the one to take care of the administration, She was working from July-2008 to July-2011 and was earning 19,000 per month i have the proof for it, She is a B.Tech Graduate, but i am just a B.sc gaduate, I finished only my first semester with Msc computer science and discontinued the course in 2002 due to my leg fractured and had to be in bed for 1.5 years. In her maintaince petition she has stated that i am an Msc. Graduate and i am working with IT( this is false due to i work with BPO not with IT). If i prove this and have the court understand that the wife is well educated and was earning in the past, in the case will the court pass order favourable to me. Kindly clarify.

4. In her divorce petition she has stated thing that never happend, including dowry harrsement, Physical harrasment/mental harrasment and she has went to the peak of imagination and has stated that i spittted/vomited/urinated on her / i was fully drunk and my boy baby used to play with my private parts, I am basically a person who gives more respects to other's feeling, upon reading the statements on her divorce petition for one whole month i was not able to sleep, eat or could not concentrate on anything, Even now it is a shock for me, how to handle this False allegations.

5. The main reason why she wants divorce is because she(30 years) always complains that she is looking young and i look too old(34 as of now), She also decline to walk on the road along with me due to she says that everyone is asking her that the couple seems to be like Father and Daughter and not like Husband and wife, Also before seperation she always fights with me stating that she has taken an incorrect decison and married a handicap(even though i can walk), also used to say that she wanted to remarry a person similar to that of the cricket player Dhnoi, Are these not Mental Curelty. how to handle this.

6. Before marriage(when she was loving me, she was loving two other guys, that i came to know later on) Also she has had s*x with her relative guy before marriage which she told me before marriage, she cried for apology, out of my love and affection  i accepted and married her, Now that i really do not want to live with her anylonger due to she devasted my life and has made me an orphan, I am living in a logde with no support or help. after seperation i 50% releif and 50% depress and sorrow due to i missed my sweet litthe child(boy baby) who showered me with all his love and i took care of the child like half mother, Life withtout my sweet little heart is like hell.

7. How do i handle my wife's trap, All i need is the following

1. I do not want to live with a B***tch and greedy wife who is money monded

2. I want to meet my child atleast once in a week and spend atleat 2 happy hours with my child

3. I do not want to give any monthly or settlement for my wife, but i am ready to pay 1 Lac for my child's education(Wife's father was a  Loco pilot and used to earn almost 1lac per month), Now he has been retired as he is 58 years old, still getting his monthly pension and earning about 40K  p/m as he resigned VRS.

4. It has been 10 months since i have seen my child's face, in the last hearing the judge told my wife that if she fails to bring the child to the court in the next hearing, then she will dismiss the maintaince petition.

5. How to handle this issue(I do not want to live with her, Do no want to pay money even 1 rupee for a wife who will roam with whomever guy she wants). I want to see my child atleast once in a week and spend time with my sweet heart(He is jsut 2.5 years old now and does not know what is happening to him, but he was forced and taken away in order to be raised as a Penthacost)

I once again thank you all for your time and support, god bless you and your beloved, and i am looking for the best response from all the experts. 

Thank you very very much



Learning

 4 Replies

Gajanfar Chamanshaikh (self)     26 July 2015

My Dear friend Iam facing the same problem like I am Muslim and my Ex wife is hindu,also before our Marriage she had converted to Islam. Please if you get any citations please forward to me I Have a property in Goa house Etc. But I am not staying yhier as she has kicked me out of my own home The entire property is on my name and she has taken the forceful possession of it and I am on streets with no job.She is well qualified and earning well and my 12years son's custody is also in her possession.(forceful) and she is following Hinduism.I am from Sangli(Maharashtra) Married,Educated and brought up in Sangli(Maharashtra). She was my neighbour, my schoolmate knowing eachother since childhood. But due to job I was in Goa and the DV case is filed in Goa.

Gajanfar Chamanshaikh (self)     26 July 2015

Please send your email Id my contact no is 9422442288. My email Id is grchamanshaikh@rediffmail.com. For better communication.

Dr J C Vashista (Advocate)     28 July 2015

Too long a story, be brief and precise for FREE consultancy/advise on this platform.

It would be better to consult a local professional lawyer.

1 Like

T. Kalaiselvan, Advocate (Advocate)     01 August 2015

You wanted suggestion hence you chose this forum seeking solution to your problem.

However you seem to have already approached court seeking remedy, now what makes you repeat the story here and seeking suggestions for the same remedy.

you may wait for the outcome of the case and then revert for more suggestions in case the case is not decided in your favor. 


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