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vinod (others)     22 December 2010

pls help me out in this tricky situation

Dear sir/madam,

 

I have done love marriage with my wife ( for reference I will say D). we knew each other since 2004. I thought she was in love with me and I loved her more than my life.

 

Actually she was the girl-friend of one of my best friends. I do not know what my friend wanted but in the end in 2004 he dumped her because she is a handicap with polio in her right leg (she is affected by polio since she was 6 years of age because of negligence of her father's elder brother and his family when she was left with them at their place by her parents. My wife's family is a joint family and her father is 4 brothers and they are very much financially well off whereas I am a defence employee with payments less than 20K.)

after that my friend left the place and went away on transfer. D kept weeping for him and went into depression for a long time. I was just baffled by the way of this world and fought with my friend for her but he did not accept her and married someone else. D used to call me almost every day and keep weeping and was in very much grief. I was very much deeply touched by her sorrow and tried my best to console her. I also got so depressed due to her sorrow at one time that I myself tried committing suicide but unfortunately I am alive. Slowly I also fell in love with her and proposed her many times but she always refused. I felt that I loved her very much but she always turned down my proposal. In 2005 I also went away in transfer. We lost contact but after sometime we resumed our contact and we kept in touch intermittently. In the mid year 2007 D told me that she was being pressurized for marriage ( she had been pressed for marriage earlier and used to tell me on phone that today I had to go in front of so and so people who had come to see me for marriage).

 

Then in the month of October she told me that she had been given 2 options a and b and she did not want to marry both and she wanted to do a job instead but her parents were not ready to listen to anything. D was in intense pressure and she called that that she was leaving her home and asked me to help. I tried to reason with her but she did not understand and told me that she would consider suicide a better option in such circumstances or leave her her and go anywhere else. I then consented to help her and she came over to my place but I had to go outstation for 3-4 days for a deputation due to my job so I requested one of my friends to receive her and take care of her. She came and my friend kept her with his family. When I returned , I shifted her to a girls hostel. Next day I made her call her parents and the very next day her relatives came looking for her and asked for assistance from my department. I was called and then I helped them recover D and then she went back with her relatives to Delhi by flight. After going back she used to contact me saying that her family was again torturing her and beating her. I tried to to reason with her and sent her emails but she replied me by telling about her status over at her place. After one month in Dec 07 her family shifted her to Jamnagar where she joined a job as a computer teacher in a private firm. She then told me that she was in love with me and accepted my love proposal. When her torturing became impossible for her to tolerate then she told me that now pls marry me. She told me time and again and I told her that we must act according to our parents will and therefore talk to our parents first. I spoke to my parents and they were not ready for our marriage. She told that her parents were also not willing and then she told me that if I did not marry her then she did not know what she would do. One day she then told me that please marry me or or I am going to commit suicide in the next 1-2 weeks so I told her that okay I am ready to marry you.

She then left her home without taking anything and came over to my place. We than married and got our marriage registered.

Her parents did not inquire anything about their daughter till the 3 months of our marriage. After our marriage we started living at my duty place in a rented house. I had very little salary and I was under heavy loans from my friends due to my marriage. I was managing somehow with my meager salary. Everything was well when suddenly one day her relatives called up. She did not want to even talk to them but I reassured her that now we are already married now we should try to normalize relations with our parents. In the course of time everything will be all right. Then she spoke with her relatives and her parents and after that her parents came to visit us. They offered me some money which I refused and did not accept. Then they went. My wife used to do all house hold jobs at that time like cleaning, washing cooking etc. in spite of her polio problem

After this I was allotted govt accommodation and I shifted over to my accommodation. Then my wife's attitude began to change. She started becoming careless. Her parents called to send her for her 2nd year exams but she refused to go. Later they again called to say that D's grandfather was suffering form brain tumour and was at last stage and wanted to see her so we went over to her place in jamnagar for 5 days and then ca,e back. After that I did not go to her house but she went over for 3 more times alone and came back. Now my wife would not do the household jobs and she would not even take care of herself. We bought a laptop and a mobile phone due to pressure from my wife and she got money from her parents for that. After laptop was bought my life became hell because my wife would keep reading novels or playing games on the laptop and keep the entire house keeping pending. My father came to visit us twice and he was not satisfied with her conduct at home due to her carelessness. Even when she was sick or not, I tried my best to ensure her taking of meals and medicines on time. She also told me that she did not want a baby soon so we always had protected s*x. In fact she was the one who initiated s*x before marriage when she had come at the second time marriage .

Slowly due to her careless, I used to get irritated because I was pressurized at work and had to come home to an uneasy environment. When I wold be home, she would ask for going out and dining out.

Also whenever anyone called up she would not tell me about it. Later I came to know that one junior of mine used to call her whenever I was not at home. I asked her to stop talking to all her male friends but she would not do so. In the october 09 she was told me that she was having some problem in the monthly cycles so I took her to a civil doctor. The doc told us to visit after 5 days. My wife did a pregnancy home test and told me that she was pregnant. After 5 days we went to the doctor again and she also confirmed the pregnancy. After that my wife went to delhi on 8 nov 09 by a fight booked by me because she wanted to attend her cousin's engagement ceremony at jamnagar which was on 16th nov 09. on 9th nov 09 she called me that she had gone to a gynaec with her mother. Her mom told that there was some problem with the baby and advised me to go for abortion . I asked her to consult some other docs but I do not know what they did and later I learnt that the baby was aborted. I told my wife that I wanted to come over to her place but she told me to attend my mother as she was serious( at that time I was about to go to my home station as my mother was seriously ill) so I wentver to my home town to attend to my mom. In the dec 09 the tone of my wife and my in-laws changed and they started asking for divorce. When I was away, my wife came back with her mother and cousin to our home at my duty station and took away all costly items with her ( she knew that I was bout to come back in 2-3 days so they came by the morning flight and left by the after noon flight). When I came back I was depressed very much by this action of hers. I called her up and she would not talk to me. Also her parents presurrized me for divorce. I did not relent and repeatedly requested them to send my wife back. They did not listen to me. I then filed section 9 hindu marriage act at my duty station and sent the notice which was not served on them. After playing the pressure games with me my FIL filed a domestic violence case against me in the the name of my wife aganst me at jamnagar so harass me so that I would give into their demand of divorce.

 

I tried my best for mediation but the judge says that he cannot force my wife for anything and orders under sec 18 of DV act have been passed aginst me. My wife's side has hired a crooked lawyer who is money minded and is a lady of 50 years and is unmarried. All the lawyers in her court are of a bad opinion of her and anybody whom I approach says that now even if my wife wants to compromise then this lawyer will nto allow the compromise to happen. I love my wife very much and I want to get her back. I am unable to face this court case case in gujarat because I am peresntly posted at 2000 kms away from jamnagar. Apart from this I feel that I am not getting the required support from my lawyer in jamnagar as I am an outsider.

 

I want to prove that the DVC case is a false case in which I have been accused mainly of taking dowry and giving physical, mental and s*xual harassment to my wife. I have never done so and never taken any money in any form from my in-laws except for the laptop which I have given back in cash.

 

So please guide me over this issue as soon as possible.

pls help me out as I want my wife back at any possible way and want to stop my family to be broken away. in my case both my MIL and FIL are the instigators and their whole family is against me .



Learning

 10 Replies

vinod (others)     22 December 2010

dear sir, what actins should i take, given my low monetary status, to contain this false case and take out myself from this tricky situation. i do not know what to do as my wife's family is very rich and i am from a lower middle class family.

vinod (others)     22 December 2010

presently cross examination of my wife is in progress. DVC case court has passed intermin maintenance of 4000/- from the date of application which i am paying by depositing in court. also the court has passed prder under sec 18 of DV act.  the Family judge , where i had filed RCR has given orders for my wife to join with me. this is an ex-parte order as my wife did not respond to the RCR which i had filed. those orders are yet to be transferred to jamnagar for execution. what will happen after the execution of those orders. my wife's lawyer is a very crooked lady and is always frcing for running the case. i am unable to contain her actions. how should i approach the case. i know that a lot of crucial time has passed but i came to know about this forum only recently.

pls help me out with your expertises. i will be very gratefull to u all for ur advices.

vinod (others)     22 December 2010

their main motto is divorce from me at any cost and they are trying to harass me mentally till i break down and give in to their demands and my main motto is to unite my family.

Gajender Singh (ca)     22 December 2010

brother,

let her go, with time you will get better. Otherwise she may file dvc, 498a, 125, 24 and lots more as a revenge

 

Avnish Kaur (Consultant)     23 December 2010

decide if u can withstand shock of 498a or let her go. to fight 498a u need a lot of mental and financial strength and even after that you will not be able to unite ur family. so ultimate is leave her. also challenge maintenance to her as u won rcr.

vinod (others)     23 December 2010

sir, i have tried to leave her but i am unable to do so because i love her not only as my wife but also as my kid.

my jamnagar lawyer says that if they have to file 498A then they will have to file it at the place of their alleged occurence which is my duty station where my wife stayed alone with me for almost 2 years. is this true. he also says that since it was this place problem so they have filed DVC insted of 498A to avoid jurisdiction problem. because to justify their filing of DVC case at jamnagar, they have said in their application that my FIL had approached the police station at my duty station to file a complaint but the police officer did not accept his complaint as i am in the defence services.is this possible?

also if they have already filed DVC then is it possible for then to file 498A?

i have been depositing rs 4000/- pm since the last 3 months as interim maintenance as ordered by the magistrate under sec crpc 125.

also my jamnagar lawyer says that in this case nothing will happen to me and i will only have to keep on paying maintenance.

on ther other hand i just want to know for my knowledge that is there any provision in cpc 32 regarding attachment of property in the case of RCR if my wife does not comply with the RCR orders?

vinod (others)     23 December 2010

also how can i leave her and challenge the maintenance at the same time? her family is well off and they have got this maintenance order only to harass me mentally?

is there any way i can stop her from remarriage after we get separated by any chance?

vinod (others)     25 December 2010

sir, i want to come out of this situation by the in-laws are not ready to discuss anything with me. everytime they involve their lawyer so i am unable to convey my message to them. how to go about this?

if my RCR orders will be received by jamnagar principal court, then what steps should i take next.

i have met the district judge and he is well aware of the situation and is ready to help me. he has also tried to conduct mediation on my formal request but the oppn lawyer is not letting anything to proceed in the right direction.

is there any way by which i can bring the DVC case, which is with 1st addtional judicial magistrate , to the court of district judge?

vinod (others)     25 December 2010

sir, i had approached the DSP also and he is also aware of the situation and my problem. what help can i expect from him if my in-laws file 498a?

vinod (others)     18 January 2011

dear learned advocates pls give ur comments


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