Rahul shri (Engineer) 14 October 2014

Dispute over wife - seek expert advice

My name is Rahul from Bangalore, my wife name Priya (working) having kid 2.5 yrs old. We got married before 4years. Till last year SEP 2013 we don’t have any major issue apart from few quarrels(max 5 times). Initially 2 or 3 times I didn’t take it seriously. And one point of time she started abusing my parents, myself. And at one stage I lost my control and I beaten her once (it was happened on March 2013). Then her cousin interrogates in this matter and we got settled amicably.

Meanwhile in (SEP 2013)she got transferred to chennai. Since my brother is residing in chennai. I accepted to relocate to chennai & I shifted my family there, along with my parents. Initially they were ok. And after 2months my parents left home (NOV 2013) because of her vicious traits. Then considering the welfare of kid, I called her mother and she stayed along with her for 3 months and I used to travel chennai on weekends. Everything seems to be OK. Till Mar 2014.

In 2011 we booked a property by taking a joint home loan.

One fine day (Mar 2014) for no reasons she started arguing over tele-phone and that night she sent an SMS stating that “Last 3 years I was torturing her and her mother infinitely and she want withdraw her relationship. If I disturb her any means I will face legal consequences”. After that msg she stated isolated and within two weeks suddenly she vacated our house (chennai) along with her mother, kid, our common households, assets etc..I tried to speak to her/mother many times but in vain. And after 2 weeks she sent an legal notice to myself, bank & builder stating that I am cruel, she don’t want to live with me etc etc. And stated that she is not interested to continue as co-applicant in home loan and seeking banker to relieve from co-applicant. After that legal notice banker stopped issuing funds to builder and builders demands continues.

Later on APR 2014 we had a family discussion along with her well-wishers (I don’t have any clue of those & they are strange and political) therein she claim that I betrayed her while buying the property and abused me saying s*xual matters in public, I am alcoholic, beating her regularly etc..etc. Her well-wishers (strangers) who were present don’t let her/my family members to speak during discussion. Finally she/her well-wishers told in the discussion she want 6 months of time during that period I should not disturb her. I should sell this property and relive her from co-applicant. Further Whenever I want to see my kid they will bring at any common place-Chennai.

Now 5 months passed away, we don’t have any contact. Got a information that she had vacated house where she stayed lastly and staying in hostel nearby the company. My kid is in my mother in law house. She is neither come and see the kid nor attending unknown numbers/phone calls. Recently I got a message that she is having external affairs with the person (member present as well-wisher, he belongs her native place) who is 42 years of age having 3 childs. By seeing their relationship, that person wife has already filled a compliant in their local police station. Since then he is not coming into the picture. Also I understand since after marriage she is talking to him over phone continuously. She is under his guidance since beginning.

Meanwhile before a month my wife she started threatening me(through her brother) that she want money 5 lac and I have to relive her from co-applicant. If not then she will send once again legal notice to bank to stop releasing funds

Till today she has not filled any compliant against me, she had only sent a legal notice before 5 months. I want to know whether is it possible to file a divorce at her native place(Salem) which Is not coming under jurisdiction.

Also now she is not ready to come anywhere public discussions, how to get her back. I want to know what are the ways to get her back

Any my kid is now residing at her brother house along with her mother. How to get my son back

I want to teach a lesson to my wife/mother and her brother. What are the ways. Please help

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4 Replies

(Guest)

Its very clear that she does not want to live with you and does not want to come back to you. No matter how hard you try, these kind of women wont understand feelings and importance of married life. Sadly the kid has to suffer because of her behaviour. In all of this I cannot figure out why you want her to come back. If she comes back by force etc, she will create more problems for you and your parents and brother for sure. Her intention appears to be that of extorting money from you. These kind of people only understand the language of money. Marriage is a business for them. Its better to arrange money and ask for MCD. Now you might think, why give her money? MCD will get over in 6 months time, at the most max 18 months. But contested divorce will go on and on for years [7-8 years], you will lose money, health, and more importantly time running behind courts. There is no use of thinking teaching lesson to her. Frankly nobody can teach her a lesson. The best lesson she will learn herself, as time passes. She will lose you, thats the best lesson life will teach her.

As you have not explained your financial status, 5 lacs is not big amount, when compared to time and tension, arrange that money, but bargain for the right price, she says 5, you say 3, she settles for 3.5; for MCD.

Legally, you can file adultery case against her, you need to collect proof of it, hire services of private detective. Then subsequently file divorce based on adultery and mental cruelty, listing all your grievances of how she has ill-treated you. File guardian and ward case to get custody of your kid, [you might not get custody rightaway but file it], you also need to file child visitation rights.

Rahul shri (Engineer) 14 October 2014

Thanks for your reply..

For filing adultery case what are the documents i suppose to produce. As already that person wife has lodged a compliant about their releation ship by showing exchange of emails.

whether email will be acceptable. CSR copy of the compliant shall be useful.

For filing guardian & ward case/visitation rights what i suppose to produce

great india (manager) 14 October 2014

Even if you file adultery, strict proof is necessary..... Above advice is opt...... You too stop paying emi for few months....... Also tell her to go for maintenance via court on per month basis ot settlement till 3 L...... Dont hurry but be adamant......wait and meanwhile get proof against her and evidence including pokice complaint copy. You are on stronger side......subsequently she'll succumb to MCD

Vickey Seerapu (Lawyer) 05 November 2014

First send a legal notice under hindu marriage act. Collect the proof of her ilegal contact etc. Then go for settlement, diffiently she may come for negotiation. In the mean while, put your proposal as i want to be care taker to my children. This is the easy way to get you children and pay the amount to her take mutual divorce.