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Shantanu Wavhal (Worker)     19 November 2011

Married life - precautions ... sarcastic !!

i m also aggreived by mischievous alligations by my wife & in-laws

based on my own experiences, discussions with friends & topics posted here ...

with the background of 498a, DV ...

PRECAUTIONS TO BE TAKEN (by a husband) IN MATRIMONIAL RELATIONS :

1) record all ur discussions with in-laws before marriage - use spy-cam, i-pod etc.

2) record all phone conservations with in-laws & wife.

3) fit CCTV at ur home after marriage (in each room, kitchen, bedroom, bathroom, toilet ... wherever possible)

4) dont ever shout at ur wife

5) dont ever accept anything offered by ur in-laws & wife (even sweets, banquets, glass of water too)

6) always remember - now u r married - u r a slave & ur life is @ their mercy by the virtue of law-system of the great India.

7) dont ever over-rule wife

8) forget whatever hardship u have sustained to achieve ur current social & financial status and accept the fact that ur wife has got all u have earned, just because u have revolved around fire with her 7 times & tied a black thread in her neck.

PL. SHARE UR VIEWS

i m sure that i have left so many points for other members to add on ...



Learning

 26 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 November 2011

Whats the moot point dude.

 

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

anish patil (owner)     19 November 2011

good share bro my inlaws are allready do this and now they use it for divorce 

dont kno what to do?

richa kapoor (designation)     19 November 2011

 

 

Start with a quote : “Divorce is a game played by lawyers”. -Cary Grant

 

 

I don’t agree with the quotation mentioned above.  The reason of my disagreement is not that I am a lawyer by profession but a complex case which I am sharing  herein. I hope that It will give a good insight in litigation of a divorce case. It may be helpful to law students and laymen  as well.  Identity and timings are changed for the sake of confidentiality. Any match to any case is just coincident. People is not important at all.  The learning of a case is important for society.  

 

This case is about a boy and a girl  who married happily and enjoyed the marriage life for six years before they entered in  the world of litigation. They had a love marriage. Love was not just a ‘love at first sight’, rather it was a love and probably live- in for six years and thereafter arranged marriage. Lady, hereinafter called ‘wife’ was educated in computers and was running  a computer institute. The boy, hereinafter called ‘husband’ was a business man and running private equity holder company. Their love, as is say,  lasted for six years and then marriage and then married life lasted for another six years. No kids. No liabilities. Everything was fine till the  one fine day when  dispute arose on pinpointing each other on a small issue. Small issue turned to ISSUES…BIG ISSUES.  Issues started growing and then turned to suspicion. Suspicion turned to allegations. Allegations turned to heated arguments. Heated arguments lead to threatening and which lead to the forced expulsion of wife from  Husband’s home. Wife was virtually thrown out of house while withholding all the earnings, investments, ornaments, property shares. She was just thrown out with a threat to keep herself from any legal action otherwise be ready for consequence and asked her to arrange a huge sum if she want to return. She was legally not aware and having no idea of what to do. It was passed twelve years with a man whom she relied and trusted the most in the world, he was her husband. She saw the laughing face of her husband on her pain. She felt cheated, betrayed but now, all these words seems to be meaningless.

 

Afterwards, She returned to her parental home. Parents are parents after all. The happily accepted and supported her. One fine day, She received  a family court summons, intimating her about a divorce petition filed before family court under section 13 of  Hindu Marriage Act filed by her husband. Stunned and hurt…but accepted the  to face the legal battle.  She approached for legal help but can’t afford the fees. She fought the case herself  with the help of her guide, we can better say her legal guide. Then  trial begins in Family case. She learned the fundamentals of law and started gathering information and knowledge  from anywhere and everywhere she could gather. Futhermore, Husband denied any alimony/ ornaments/ clothe/valuable which she was entitle legally.

 

First provision she learned was section 13 of Hindu marriage Act, 1955. The basis of divorce. There are thirteen grounds given which can be basis of the divorce among Hindu couple. The most common ground “Cruelty” was taken in this case. “Cruelty”. Includes the  physical, emotional and mental.  Wife wanted to live with Husband so for that she had filed case of restitution under section 9 of Hindu Marriage Act. Section 9 of Hindu Marriage Act has a provision of “Restitution of conjugal rights” which means that husband or wife can not live separately without any reasonable cause. So second case filed in the matter.

 

Since wife was not an earning member so she didn’t had sufficient income to meet out expenses during the pendency of the case so she filed a separate application under section 24 of the Hindu Marriage act (HM Act in Short) before family court. Section 24 of HM Act has provision for pendelite expense and court has ordered 3,000/- on the application.  It was the third case in this matter.

 

As stated above the wife was asked by her husband to arrange a huge sum of money if she wanted to return the home. This type of demand falls under category of “Dowry” and it is prohibited under law.  She filed a police report  under section 498 A of Indian Penal Code (IPC in short) . Section 498 A of  IPC has provision of punishment for husband and their relatives for cruelty and demand of dowry. Police registered the case and put up before magistrate.This was the forth case in this matter.

 

During these proceeding, the husband’s sister and brother-in-law has threatened her on the phone to withdraw the cases against her else she would have to face consequences. When it became unbearable then she filed a police report and police has registered a fresh case under 503 IPC. Section 503 IPC had a provision for criminal intimidation which is commonly known as ‘Threatens”.  It was the fifth case in the matter.

 

The adamant husband has sent few obscene SMSes to her to tease and give a mental agony. She approached the police but police denied to register any case. Aggrieved by this  she filed a private petition under  section IPC 354. IPC 354 has provision for punishment for offense against assault or criminal force to outrage of modesty of a woman. Private petition can be filed under 200 Cr.P.C. Magistrate has order for police inquiry in the matter under section 156 Cr. P.C. On the basis of police report the case of registered and trial begin. It was the sixth case in the same matter.

 

During the marriage she and her husband together had purchased a flat with joint earnings but her husband and his family was residing in the flat and enjoying it. However, the 50% of sale price was paid by her  bank account but registry was done only on the name of her husband. That was the situation when both were living in love. Now, during litigation, the husband denied her to live in the home and thrown out of flat. So, she filed a suite of title declaration and possession for the flat as half of the sale price was paid from her bank account and she is equal owner of the property being actual buyer. This was the seventh case begin in the matter.

 

There was a bank fix deposit receipts on joint name of husband and wife. Which had a condition that it can be encash on  the name of ‘either or survivor’. Wife gave instructions to the bank not  to encash the FDR due to on going litigation but bank released the payment upon request made by husband with connivance of bank officials. She got nothing out of her Joint FDR. Bank didn’t respond to her request. A consumer case was filed and police report made against erring bank officials.  This was  the eighth case begin in the matter

 

She filed a fresh case under section 125 Cr.P.C. for maintenance. Section 125 Cr.P.C has provision for payment of maintenance by husband to her wife in case she has not any adequate means to meet out expenses. She got relief from magisterial court and she got monthly maintenance of Rs. 1000/- .. This was ninth case in the matter.

 

There are few other cases filed meanwhile which we have removed to control the length of this article. After long legal battle, husband understood the seriousness of situation. Late but not the least.

 

Finally, the long legal battle of nine years both the husband and wife arrived to settlement. Wife, though in the stronger legal position, left much of her claim and given consent for settlement halfheartedly.  and she got satisfactory alimony. Husband filed one case on wife and he attracted the nine or more counter cases. It is apparent that lady struggled a lot to reach out justice. Finally, law has helped her a lot to reach the desired results.

 

I salute to the courage of the lady. It was her courage  in divorce case which lead her to get hold of what was her since the beginning of the first case.  Such courage is rare to find out. I can say that we should educate our daughters and give  them  strength of legal education so that they can stand firmly in the storm of life. So, Divorce is not the game played by lawyers, on the contrary, it is instrument for relief and justice where lawyers assist to aggrieved one.

 

Regards

Ambrish

MBA, LL.B.


(Guest)

Moot point is that  "don't get married".

1 Like

Shantanu Wavhal (Worker)     20 November 2011

Moot point - "don't EVER / IN ANY CASE / AT ANY COST get married".

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 November 2011

hmmmmmmmmmm, what do you do then for pro-creation?

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 November 2011

Also, chances of dying in a road accident is more in this country than being hit by a 498-a.  So shall we stop venturing out of our homes too?

 

Don't be paranoid.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

Krishna Kumar (Business)     20 November 2011

Hi. 

Good point to remember while getting married and after. It is very much accepted men getting arrested without known once he get married.

But one query is "fit CCTV at ur home after marriage (in each room, kitchen, bedroom, bathroom, toilet ... wherever possible)" - is it acceptable as per law? Can wife raise concern she is getting watched everytime so she can't live in the matrimonial home?

Husband can put the camera in every room (including bed room & bath room, toilet) invisibily, but can that evidance is acceptable in the court?


(Guest)
Originally posted by :Krishna Kumar
"
Hi. 

Good point to remember while getting married and after. It is very much accepted men getting arrested without known once he get married.

But one query is "fit CCTV at ur home after marriage (in each room, kitchen, bedroom, bathroom, toilet ... wherever possible)" - is it acceptable as per law? Can wife raise concern she is getting watched everytime so she can't live in the matrimonial home?

Husband can put the camera in every room (including bed room & bath room, toilet) invisibily, but can that evidance is acceptable in the court?
"

I DONT KNOW WHETHER THIS WILL BE HELPFUL TO U,BUT IT WILL CERTAINLY HELP YR BEAUTIFUL WIFE TO ESTABLISH YR CRUELTY ON HER..SO HELP YR WIFE...AAKHIR PATI HO USKI;)

Tajobsindia (Senior Partner )     20 November 2011

 

 

 

Originally posted by :richa kapoor

"

I salute to the courage of the lady. It was her courage  in divorce case which lead her to get hold of what was her since the beginning of the first case.  Such courage is rare to find out. I can say that we should educate our daughters and give  them  strength of legal education so that they can stand firmly in the storm of life. So, Divorce is not the game played by lawyers, on the contrary, it is instrument for relief and justice where lawyers assist to aggrieved one.

"

 

1. What is the point here dude !


2.
In your long story I found the wife more stupid then the husband to carry forward issues which in the begging was after all, all hers to get. Everyone knows in Indian scenarios a Husband is a sitting duck except using U/s 24 / 25 HMA (gender neutral) and before and after these two sections a Indian Husband dosn’t have any other case to file worth winning whereas in your story wife has so many option available / given by the very Govt. and don’t feel shy not to reveal what else she would have filled in 9 years ?
I suppose we missed S. 498a / 406 IPC, DP Act and finally DV Act from the sentimental / emotional card game story (i.e. 3 more cases + 9 previous once makes it 12 cases minus 1 the one husband filled make sfinal score of wife to be 11: 1 cases and in such impresive arrey she invested whatp; her youth and her time / energy (money she didn’t have so I am not mentioning it here) to get something (i.e. 1 which is settlement) which in the beginning was all hers even by 1 case filing and perusing it diligently that is S. 24 HMA and various CPC based cases for all rest of the other releifs which under civil laws has provisions if at the end ‘settlement’ was the one she decided to do !!!!!!!!! I mean after 11 cases and 9 years why she ‘settled” she would have wated 2-3 more years to see him hanged under 11 cases lamp post - pressure / stress but that is not what happened to him by meaning women are abala only trailor standards of your own story?.


3.
I found in your story wife to be most stupid one and that Adv. (so called her that legal advisor) can't be blamed for her ignorance, stupidity and passion whereas the husband in the story enjoyed courtship with her for first 6 years followed it with fruits of marriage for next 6 years and laughed all the way for next 9 years during so called hide-seek litigation phase = 12 years together + 9 years in court makes it a total of 21 years if all those running around he caused to his then wife to file just 9 + cases at last he enjoyed interest on the fruits of marriage plus property they shared and business is still his at the end of 9 years of litigation.

What wife has now achieved with inflation ridden alimony she got and was actually fiting for a excellent gyan of criminal / cpc / civil laws read and courts practice and procedures? (I wonder why she did not become  a Lawyer after 9 years in Court did not this her legal advisor wanted to teach like cat and lion story J) with which if this story if made to be true then I say she will come back to court under "change of circumstances" as alimony does not last long and again end up minimum 2 year executing it if she is lucky this time. (remember the court backlog of cases also one need to add when she comes again to court) 


Why give daughter(s) education of Crpc / Cpc / Civl cases - why you want her that she should spend 9 years of her precious youth for just 11 cases filing to get just 1 relief out of it which she could have anyhow get with 1 cause qua within one civil case and moving multiple applications / execution proceedings using various sections of civil laws in just one case various / all other relief’s (if she wants) she can get and main case also moves faster instead of teachign a daughter on multiplicity and forum hunting and do not forget to teach her how to do eFilling / video conferencing bze by her times comes eFilling / video conferencing would become a must so sitting at home let you all have family entertainment seeing Android version of LCI ! 


Dude........what are the above parting thoughts hai na; abhi apkey (i.e. many readers here) ke case katham nahi ho rahey hai aur aap apney bacho taak pahunch gaye ki woh bhi toh case karegi ........shabash..... apaney poti taak nahi pahunchey kyu bhai..........

1 Like

(Guest)

 

 

 

WAH KYA JORI HAI;)

 

ICHCHADHARI NAGIN RANI

 

 

AUR

 

 

                                    

            

 

 TAJOBS INDIA


                 

(Guest)

Larka or larki don hee gore hai

 

Bachhe bhi gore paida honge  

richa kapoor (designation)     20 November 2011

 

hi Tajobsindia, I dont really understand what was ur point really as I just wanted to inform the members that it was the husband in this story who invited all these cases on him as he was the one playing really smart in not giving the share in the property bought by both husband and wife whereas she had all the proofs but she kept quiet and didn't put these allegations on the husband till he very smartly and conveniently denied that she had paid even a single penny in the house...............

Further plaese read the story carefully as it seems ur too preoccupied in ur thoughts of posing women as dumb and mindless in carrying on the litigation for 9 years but my perception from this story is that the HUSBAND TRULY DESERVED WHAT HE GOT.................... :-)

richa kapoor (designation)     20 November 2011

ONE MORE ADDITION IS THAT THERE IS NO POINT IN KEEPING OR FOLLOWING ALL THESE PRECAUTIONS MENTIONED BY THE ORIGINAL MEMBER AMIT DSA...................... BECOZ U SOW WHAT U REAP IN THIS LIFETIME IS THE POLICY OF GOD ALMIGHTY AND THAT I'M SURE TAHT LADY WAS A WINNER IN HER THOUGHTS & ACTIONS AND THAT'S WHY SHE SHOULD BE PARISED..............

GOD FORBID IF HALF OF THE WOMEN BECOME LIKE THAT I DONT THINK THERE WILL BE ANYONE CRYING FOUL ON THE SECTION OF 498A AND HARRASSMENT AS MOST PROBABLY ALL THESE THINGS TO NOT EAT ANYTHING AND FIT CCTV WILL BE A WASTE BECAUSE U SHOULD ALWAYS REMEMBER THAT U SOW WHAT U REAP AND SO IF U LOVE AND RESPECT SOMEONE THEN THE OTHER PERSON AND THE FAMILY WILL ALSO LOVE AND RESPECT U N OTHERS..................

BEAR THAT IN MIND AND FIND PEACE NOT WAR.................... :-)


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