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help_divorce (SC)     31 July 2011

Sms proof

Last year I had met with a minor accident and my leg and hand were fractured due to the accident. I was advised to take bed rest for nearly 4 weeks.

During this period, my wife only stayed with me for the first 2 days. Later(on the 3rd day)  she left me and started staying with her parents with my minor child. My old parents used to take care of me during this period. I tried calling my wife several times to come and take care of me, but she was not interested in doing so.

Later after few days (on the 7th or 8th day) after I had with the accident, I send her a sms (as she was not responding to my phhone calls) stating that she stay in parents house permanently as she was not helping me when I needed her most. I had send her the sms as I was upset that inspite of several requests she was not coming to see me. I also send another sms asking why she started a family with me if she had so much hatred and was not helping when I was sick.

I had sent the sms as I was extremely upset. Later I apologized and asked her to come back, but she remained adamant and never returned.

She took advantage of the sms and later filed for divorce stating that I threw her out of the house. She even filed a 498a case and now they are threatening to file DV. The divorce case has been going on since a year, but there have been no hearings/cross-examintation with the judge till today. 

Now she and her lawyer are demanding a monthly payment of 25k for the minor child or 30 lac one time payment. She is simply using my child to extract money from me.

I have the following questions

1) Does that sms prove that I am cruel and abused her mentally?

2) Wasn't she cruel that she didnt help me when I needed her?

 3) Why does a minor child require 25k as monthly maintenance?



Learning

 7 Replies

help_divorce (SC)     31 July 2011

can any expert give me advice on the above matters?


(Guest)

dont worry.Consult a good lawyer before she files 498A.Truth is always truth.Only sms can't be a strong  evidence.

Shantanu Wavhal (Worker)     18 December 2011

 

I also send another sms asking why she started a family with me if she had so much hatred and was not helping when I was sick.

I had sent the sms as I was extremely upset.

 

 

no worry !

there is SC judgement stating - threatening divorce is no cruelty.

(divorce is legal means = obtaining relief through civil measures;

illegal means are treated as threats.)

Account Deleted (None)     18 December 2011

Amit, can you kindly post the judgement here which says threatening divorce is no cruelty. 

Shantanu Wavhal (Worker)     18 December 2011

here is the reference : 

https://infochangeindia.org/women/judicial-interventions-and-women/apex-court-rules-anew-on-cruelty-by-husband-and-relatives.htm

 

google is the best means for searching such references.


(Guest)

She will ask for the moon does it mean you are going to give it to her . Child maintanence would depend on a no of factors . How old is your kid and is he or she schooling etc ?? what are the actual expenses of the child you would have to project it . If your wife is working you will have to argue that the expenses be shared between the two of you . Dont give in to their demands . Alternatively you can file for child custody and defeat her claim for child maintanence .

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 December 2011

These are just minor things, the real test is other allegations which she would have put.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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