Karan (Engineer) 19 April 2014

Wife using daughter to blackmail

Hi Experts,

My wife decerted me in Aug-13 when I denied to agree her undue demands. She refuses to fulfill duties of a wife, daughter in law & even of a mother. She scold my 2.5 years baby as she is too lazy and does not want to take care of baby properly. She is using my daughter to make me weak & so I will not intervene in her ways of living in future. She is looking for complete freedom & control over my finance/assets.

For restituion she had filed false complaint related to dowry allegations against me & my family in Dec-13 but after taking our statement IO didn't take any action. Finally she filed a 125 case & asking 50K maintenance from me, mentioning false salary & income in the notice. I had appeared last month & stated to honourable judge about actual scenario. He had given my wife some direction & asked to come on next date for conecelling. I am in pain because of my daughter's worry. I am repeatedly asking my wife to handover custody of my daughter to save her future & asking her to settle the matter by taking maintenance or alimony. I don't want to live with such a woman anymore buy I am too worried for my daughter. I have also filed a case now for my child custody.

request to please share your direction / feedback for futher actions from my side to get relief from this nonsense created by wife & herfamily. Thanks in advance.

rgds,Karan

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4 Replies

Sachin (Executive) 19 April 2014

Hello

What are the various demands of your wife?

Gautam Kapoor (IT professional Studying Law) 19 April 2014

@Karan - understand your mental anguish for your daughter.You need to be tough or atleast act tough that you do not care for the child.You should not provide any clues that you are dying to take custody of your child (maintenance or permanent alimony).Fighting custody for your daughter is meaningless as by the law the custody will be with the mother still she attains majority.

ROHIT SHARMA (Legal Advisor ) 19 April 2014

Dear Mr Karan,

1. Well, as for her complaint u/s 125 Cr P.C. the court will determine from her as why she is not living with you and in that for to rescue your self from her demand for maintenance you can file affidavit that you are prepared to have her back to live with you and contend those relevant facts that would adduce her conduct of deserting you as on her own volition supported by the fact that her complaint before the police against you had not survived.

2. I do not know as whether you filed a petition for R.C.R. or had she done so ?

3. Also are you interested to have her back ?

4. You can file a written complaint before the court of J.M.F.C. against her u/s 190 cr P.C. accusing her of act of commission of giving false information with an intent to cause a public servant to use his lawful authority to the injury of the other person and putting a person in fear of accusation of an offence, in order to commit extortion lawfully but illegally. (i.e. filing complaint u/s 125 Cr.P.C.) which such acts are punishable u/s 182 & 389 I.P.C. respectfully.

5. As for the custody of your child, you will need to have paitence since till such child is an infant and not above five years of age then she is deemed as the natural guardian of the child.

6. If need be talk to this layer.

Adv. Rohit Sharma.

(B.Sc. L.L.B. L.L.M.)

(M) 09824047971.

E-Mail : lawgate1349@gmail.com.

Karan (Engineer) 19 April 2014

Thanks all for your reply. @mr. Rohit- we don't share good bond since my marriage so I always wanted to get rid of her. I was bearing her due to my family state & later on due to daughter future. I tried to educate her always but she doesn't want to come out of her culture. This time also she attempt to trouble me by keeping daughter away for getting her demands fulfiled. She doesn't talk to my parents & family. Stops me to support my parents financial. Lazy women with stubborn nature, never ready for hard work. "Suvidhabhogi" give priority to her comfort Instead of husband & kid.