Anonymous
14 December 2010 at 22:01
I got married through shaadi.com in 2008, 2 yrs back under special marriage act. . All marriage exp incl jewellery was paid for by me and my family.She has been a housewife since marriage.She started showing behaviour problems after marriage of reactions, short temper, shouting and screaming, emotional tanturms, wild mood swings etc however she would be normal for 4-5 days in a week and completely different for rest of 2-3 days. Even displaying depressive behaviour, she had also been suffering from high BP from 4-5 yrs before marriage which wasn’t treated. I tried helping in all possible ways even compromising on my basic needs like food and sleep as she would most of the time fight and argue all night. I even helped her father and brother financially on a regular basis, got her father medical treatment for heart problems and even got her brother a job. Her father is separated ( not divorced) from her mother and is fighting cases in court for domestic violence and maintenance apart from property as her mother has occupied her father’s house from last 4 yrs. During 2 yrs, I even purchased a land property registered in our joint names wherein the money was paid for by myself and my father apart from loan I took for the same. The flat we have been living was purchased 5 yrs before marriage by myself and my father and is registered in joint name of myself and my mother. The same is on bank loan too for which I have been paying the EMIs.
Discovery of disorder: after her behaviourial became intolerable causing me great amount of mental and emotional trauma with the help of counseling I got her diagonised at a big hospital in Bangalore wherein it was found that she suffers from BPD( borderline personality disorder) which has been existing for a very longtime and requires longer medical treatment and therapy. I tried to get that done as well but she refused to go through the same and started accusing me of trying to get her wrong medication etc and suddenly left banaglore and went to Delhi to be with her father and brother and took all the jewellery apart from 3 lacs cash which I had put in her account for investement about 20 days back.
From Delhi she started threatening me on a daily basis of 498a, DV and going to media etc to harass me and my family. She told me clearly that she wants divorce and so did her father . It’s imp to note that she has been threatening me with divorce and 498a etc for about a year before she left. All my efforts to get her and her family to understand the medical problem went in vain as they all dismissed it and in turn accused and blackmailed me.
Section 498A, DV for compensation and maintanence, prohibition of entry for me n my parents
after I finally agreed for divorce she suddenly came back from Delhi and took the possession of my house. Fearing the harm to myself and my family with 498a etc I took shelter at my sisters place and filed a police complaint to seek protection as I was threatened by her and her family. She and her father also demanded 50 lacs as alimony for settlement which is way beyond my capacity.
She then filed 498a and I was arrested without any investigation although based on some of the evidences I was granted the bail next day and my family managed to get anticipatory bail.
Now she has filed for DV seeking very high maintenance , compensation and restraining order to prohibit me and my family to enter my house.
I haven’t yet filed for divorce as I am unable to decide on my course of action as I understand that fighting 2 criminal cases plus divorce case might me most likely beyond my financial capacity and might cause great amount of harassment, humiliation and stress for me and my old retired parents.
Iam currently staying in a small rented apartment with my parents while she is living with her father in my house. Please advise
Anonymous
14 December 2010 at 21:53
sir,
one person has filed around 80 cases under n.i.act against different govt.employees. in each case alleged friendly loan given is of around 2-3lakh to every person. that person has showed transaction year as between 2000 and 2003. from incom tax recirds it was revealed that he doent have pan durin that tenure and he did nt show these traNSactions in his i.t.r. nw during cross examination in one of the case he has admitted that he is a money lender without registration. nw we want that court should order investigation of his illegal source of income of around 1 crore. what is legal remedy available against that fraud person who misused cheques of govt.employees. whether to file writ or to make complaint to c.b.i. or what to do under these circumstances to seek justice.plz give a genuine and practical reply
gaurav
14 December 2010 at 21:34
sir,
one person has issued cheque worth rs 1 lakh and that cheque has been returned unpaid with reason of account blocked and when i contacted that person then he refused to make payment and when i contacted my lawyer then he said 138 doesnot lie on this cheque. do u ve any judgement which help me out to file a case under 138 n.i.act.plzzzzzzzzzzzzzzzzzzz help me out
gaurav
14 December 2010 at 21:33
sir,
one person has issued cheque worth rs 1 lakh and that cheque has been returned unpaid with reason of account blocked and when i contacted that person then he refused to make payment and when i contacted my lawyer then he said 138 doesnot lie on this cheque. do u ve any judgement which help me out to file a case under 138 n.i.act.plzzzzzzzzzzzzzzzzzzz help me out
ch.ravi
14 December 2010 at 18:50
my friend's husband married a woman who is a state government employee.BUT my friend can't prove their marraige.she submitted the letter addressed by second wife to animal husbandary A.D accepting that she married my friend's husband.Other than this proof she has nothing to file 494 ipc.So what should be done to prove this in court.
RENIN
14 December 2010 at 17:25
one of my friend's who was booked under PC Act case appeal at Madras HC has ended in confirmation.Now he wants to go for an appeal along with moving for a bail which has been subsequently cancelled at HC. Kindly let me know about the procedure and a suitable successful lawyer preferably at NewDelhi who is in practice of filing appeals at SC.
Please contact me in the following no.+919360572025 with details for enabling us to take a decision.
Bhojraj Baral
14 December 2010 at 17:17
Three accused are arrested as on 18th of October 2010. The other co-accused is arrested as on 27th of October. So wanted an expert opinion so as to the days to be calculated for statutory bail u/s 167(2), wheter to be calculated jointly for all or severally as per the arrests. Also case laws concerning the said cause.
Also an opinion on from when the days are to be calculated i.e from the date of arrest or from the date of the first remand (presented before the magistrate)
Sujit J Pathak
14 December 2010 at 16:57
All esteemed experts need your advise in respect of a criminal case.There is a case filed by my client as well as on the same incident the accused in the complaint filed by my client has also filed a case against my client, Both the case are registered through police and chargesheet has been filed in the Magistrate's Court. Now the trial of both the cases has commenced, I have raised a query thst same Public Prosecutor cannot conduct both the cases. The Magistrate has asked me to give judgement on my query. Kindly provide me any citations or suggestions. Thanks a lot
rAJAN
14 December 2010 at 16:16
Sir,
I have busines daling with one partnership firm and in discharge of legal liability one partner have issued me a cheque with partnership firm stamp which has been returned due to insufficient funds. I donot know the names of all the partner. now i want to issue notice? can i send notice at the firm name by writting through all its partners or i he to collect the name and addreses of all the partner. pls confirm me.
thanks an regards
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