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(Guest)

Criminal conspiracy in marriage for a divorce

This is related to my marriage and a criminal consipracy that was hatched by my wife's mother (Seema). Seema is the one giving orders in her house, and unfortunatley my wife (Kavya) is a victim of being controlled by her mother even in my house. This has caused problems in my marriage and has also started affecting our young daughter. Ever since Seema realized that I won't allow her control in my house, she started behaving strangely. Seema is a strong willed person and usually gets her way in life and also controls her husband ( my wife's father ) too. 

My wife's parents are originally Indians and are working in South Africa (SA) for many years. Our marriage was held in India in 2008. My wife was an Indian citizen at the time of the marriage. Our marriage was a christian marriage held in a church in India and was also legally registered in India.  My wife took SA citizenship in 2010 and now she has an OCI (  Overseas citizen of India  ) card/stamp on her SA passport just like her parents. She can travel to India using the OCI card and she has all rights;
except voting rights here in India. 

My wife and I visited SA together in 2009. Seema took me to religious places during that visit and I fell sick mysteriously after that during my stay in South Africa. I later returned to India to continue with my job. But my wife stayed on there so that she could find a job in SA and also due to the fact that;
she could not get a job here in India after our marriage.

My mysterious illness continued in India. I finaly decided to join my wife in SA where she managed to get a job. I too applied and got a job there.

My daughter was born in SA in 2011 and she has a SA passport but no OCI as yet. During my wife's pregnancy she did not have much support from her mother and this caused more stress to all of us. My illness got worse during that time and even doctors could not say what caused it. I have traveled and worked in different parts of India for many years; and also abroad. But I never had any such illness. 

Finaly due to tensions in the house; Seema suggested that I should visit a psychiatrist in SA. This was where my porblems increased. The doctor was known to them and was taking their side without giving importance to my views. Only later did I realize that this was part of the conspiracy just to ask for a divorce. Seema used to tell my wife that it is better to end the marriage because I have psychiatric problems. The doctor gave me medicines which caused me a lot of side effects, but no relief at all, and my situation worsened. I lost my job due to all the issues. 
My wife Kavya told me that I have no choice but to take the medicines or she will end the marriage. I told her that the medicines were causing me more problems instead of helping me, but Seema always made it appear as though I was at fault and this problem existed before marriage. It became very obvious that she wanted to blame me and my family for this. 

Majority of my savings were invested in a house that was purchased in my wife's name in SA. Then home loan was approved in her name since only she had the SA citizenship; I was on a work visa. I also transferred money every month into the home loan account held in my wife's name. 

Today I am in India and my wife and my daughter are in South Africa. Right now she has almost all my money and my daughter and she does not even allow regular access via phone/online with my daughter. She phoned me saying that she wants a divorce. 

My issues:

1) My wife and family don't give me access to my daughter.
2) My wife has the SA house in her name and almost all my savings/money and they don't want to return it. But as per SA rule she needs husband's signature when she sells the house. 
3) They want more money from me saying it is for maintenance of child ( Rs. 45,000 per month )
4) My wife wants me to grant her life time permission to take my daughter anywhere in the world without any further future approvals. This way they don't have to interact with me in future for further approvals(SA rule); rather than a case by case approach.
5) I fell sick mysteriously in South Africa; they forced me to take medicines and no one knows how it happened.  My wife's family blames me for this and wants money from me. 

6) A toxic elements blood test done in India shows presence of toxic Heavy Metals like Arsenic in my blood which causes a lot of problems.

7) Wife and family keep visiting India and have property in India; I have also transferred money into wife's fathers NRI account held in India and also given a cheque to my wife's mother.

8) I have not taken medicines for more than 3 years now especially since NIMHANS doctors have told me that all the earlier medicines were to be stopped immediatelly and I don't need them. They also told me that taking the medicines without any reason will be counter productive and could cause problems instead of solving them.

All the above make my relatives and my family to believe that this was part of a criminal conspiracy to end the marriage saying I was a sick person and to also take away all my money and my daughter and finaly a divorce.

Query:
1) How can I file a criminal case in India as regards the above; especially considering the fact that I am an Indian citizen currently staying in India; and all the above occurred in South Africa during my stay there?
I would not prefer to file a criminal case in SA as it would be difficult to deal with lawyers in SA while I am in India and I would like to avoid traveling to SA. I was also told that if I contest in SA then I may lose the right to contest in India (something related to Foregin Decree). 

Where in India can I perform a definitive or a conclusive test to confirm if I was poisoned in SA with Arsenic or other Heavy Metals; so that it is valid in the Indian court?

Is it possible for me to file a criminal case in India against my mother in law and my wife's family?



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 9 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     24 May 2016

U R an Indian Citizen treated for medical ailment in South Africa during UR visit there,Hence U cannot file any criminal case in South Africa for medical negligence.On which type of visa U visited South Africa?

What was the medical opinion of the doctors who conducted tests in NIMHANS? Officially UR marital home would be India though UR wife is aa SA citizen.Do U possess the medical records of the treatment given to U in SA?

Though a lenghty query,I have read it patiently,but would not go into the legal aspects  at this stage.Let us discuss the treatment meted out to U by UR wife and Mother in law later after U provide me the answers for the above doubts.

1 Like

(Guest)

Dear Sir,

thanks for the reply.

I intitially visited South Africa(SA) on Visitors vis..
Later Spouse Visa(Relatives Permit) and then got it converted to Work Permit and worked there for nealry 2 years.

Doctors in NIMHANS told me clealry that I have no such problems and all medicines for ( paranoid schizo as wrongly diagnosed in SA )  should be stopped immediately. 
But I still continue to have some issues like severe headaches and issues with my eyes although my vision is fine. I also tested my vision in India more than once. Doctors say that my vision is normal.

I have the letter from the doctor in SA who treated me there and gave me all the useless medicines. 

My query is simple: Why did my wife's family force me to take medicines even after NIMHANS told me to stop them. What was their intention? Isn't this criminal conspiracy?

Currenlty: They have my daughter and my money and want more money. Was their real goal to end the marriage by showing me as the problem and also get my money and cover their criminal act at the same time. 

It comes as a shock for all of us: Even in 2016 when lot many women say that need protection from husband and in-laws. My case is opposite: In my case wife's family treated me like this just for money and achieving their personal goals.

A case of Mother In-law causing problems to her daughter's life, my life and my daughter's life and all related families and people; so much so that my wife hates her own mother now....

 

SAINATH DEVALLA (LEGAL CONSULTANT)     24 May 2016

 The criminal complaints are being filed against doctors alleging commission of offences punishable under Sec. 304A or Sections 336/337/338 of the Indian Penal Code, 1860 (IPC) alleging rashness or negligence on the part of the doctors resulting in loss of life or injury of varying degree to the patient. 

This is in India and the Medical laws of South Africa have to be studied for wrong medication.

If UR entire queery is true,then the act of UR motherinlaw and UR wife is a grave crime which cannot be pardoned.But to proceed legally against them U should have valid proofs of their involvement.UR wife is also equally responsible for siding with her mother to get rid of U.There could be some other reason too rather than extracting money from U.Just for obtaining divorce from this type of misdeed cannot get them the desired outcome.

Anyway don't take any hasty step as not only UR marital life is at stake but also the future of UR daughter.

 

Siddharth Dev (Advocate)     24 May 2016

you should lodge a criminal complaint in SA in concerned police station and intimate there for criminal conspiracy and attempt to murder this is not a civil wrong i suggest you should also mention there when you came to know that you had consumed slow poison.  by this way you can get all relief which you are seeking

thank you,   you may contect me i will help you

1 Like

(Guest)

Dear Sir,

Thanks for the reply. 

meanwhile I can get the medical tests done: Since my wife's family is forcing her and she has filed for divorce in South Africa(saying I have abandoned and abused her) and they want me to fight there; but I don't and I prefer to fight in India. I have no choice but to fight this injustice.

Which test is the most reliable (accepted by indian court of law)  to test for toxic elements in the human tissues. Toxic exposure could have ocurred as early as 2009/2010.

Is there a centre in India (govt or private) where I can get it done?

Please note my aim is not to fight the doctor in SA or for compensation but to find out the real reason or why mother in law insisted on my taking medicines and labelling me a patient.... I cannot understand how I can fall sick only when I am around with my in laws. No such problems ever existed in my life and also when I stayed alone with my wife in India....

people can also learn from this case....so that they don't suffer like this... We Indians are losing touch with our traditions..... if we give more importance to Indian traditional systems and family values then we can find solutions to many problems in our life and even avoid them in the first place......

If there are any high court / supreme court lawyers pls advise... 


(Guest)

Dear Sir,

Issue is that:

1) I am in India and I cannot go to SA since I am not sure what they could do to me in a foregin country where they have settled for many years. Also they have put in a lot of false points in the divorce.

For everybody's benefit also: SA follows laws like USA / europe where it is more in favour of women-Divorce is easy and so is alimony and child support all in woman's favor.

2) I contacted a SA lawyer and he said that if I fight in SA I may lose the right to fight in India. (I hear that in India there is some law/ruling related to foregin decree). 

Since my wife and family were in India in the past, is it possible to file case in India and under which section? They have OCI card too and own property in India. My marriage was held in India too.

 

 


(Guest)
Dear Manish. I feel bad about your situation. I understand that you want justice but let me assure you that knocking doors of courts in India is the biggest mistake anyone can make. There is no justice in Indian legal system, only date after date for a decade. Stop trying to find legal angle, look for a practical angle to get out of situation. Once you get involved with an Indian lawyer in an Indian court you will start with a whole bag of fresh problems. Even if you are able to make some legal grounds, you will run in court for a couple of years just to get a summon sent out. Then you will discover the million loopholes that your wife can use to delay and dodge the case for 20 years. Try to get justice in foreign court. If your only option is to pursue justice in India the only effective way is law of the jungle.
1 Like

A walk alone (-)     24 May 2016

If you want justice dnt apply in India. In India you will have to roam 8-10 years for justice and you will not get it at last. Indian court given only dates. Its India where people murdered and court don't give them any punishment. Indian judicial system is almost corrupted lawyer use people to earn money. They always say we will help you. You will get justice. But truth very less people get justice if someone got he have to roam court for decades. You have two options 1) you should lodge a criminal complaint in SA in concerned police station and intimate there for criminal conspiracy and attempt to murder. In SA you can get justice without time wastage.2) I know you are in very bad phase of life. Its better you forgot all things as a bad dream and start a new life. Focus on your job. Try to come out from this phase. You should thanks God who save your life. If you run for justice in India you will waste your time money. You will only ruin your life. Choice is your ,life is yours.
1 Like

(Guest)

@All: Thanks everybody for the support and ideas.

One option is to go fact based: I am trying to gather proof regarding my illness and do all tests; but unfortunately it is quite challenging too. Private individuals don't have access to the best test labs or forensic medicine in India. 

@ All: Does anyone know which is the best toxicology/forensic lab in India and how to get tested. Do I have to register a police case to get tested and what is the best I can do in India even though our justice has delays? Since it is our country - I rather take a little pain here rather than in a foreign country.

SA is also corrupt in many ways hence I have no guarantees. But justice system may be faster. The SA court may keep calling me; it may not be possible for me to visit them regularly from India. Foreign decree rule is also a factor; if I contest in SA then I may lose the right to contest case in India- hence the challenge.  SA medical/health care is not even as good as India too - it is mostly western medicine not many other options there. Atleast in India we have many more options.

For everybody's benefit: From my experience; please be careful about New religious groups starting in our country or abroad. It does not matter from which religion. Especially which are foreign(USA/europe) funded in India/abroad - be very careful. They claim miraculous cures for diseases etc - it could be fake; people could end up falling in their trap. 


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