Suhas
21 June 2016 at 15:15
Current status :
I m 44 yrs old state government employee married in 2000. My wife is housewife we have 2 children, my son is of 14 yrs (at present he is living in hostel) and daughter is 12 yrs old (living with her mother in flat). My parents (father 78 yrs and mother 73yrs) living separately in their own house at Akola. And I m living separately alone.
Short History:
After marriage within 6 months conflicts/clashes between us. She was not with me for 6 months. I wanted divorce so issued the notice through advocate and also convey through the mediator but her parents claim for 498 ( issued the notice) in which all my family member names were included. At that time my younger sister was unmarried and due to worst situation against me, we decided to fetch her back and compromise the matter.
After that my parents separated my family and we lived together for 10 years at Khamgaon ( at where my jobs posting). We blessed with 2 children a son and a daughter. In that period, periodically quarrels in between us. In short all is not well. But I always compromise the situation with the hope of better.
In 2010 I shifted to my parent’s house at akola with the agreement of my wife. But after some days she again becomes aggressive and got quarreled with me and my parents with small reasons. I was very upset and at the last I have taken decision to shift from parents home. They also suggested me to live separately with your family and live happily. So in 2012 I purchased a flat in same city by getting funds from housing loan from bank and govt. and shifted there.
After some days gone, her nature again become aggressive and she conflicts me many times. She abuses(curse shower) me in front of my children which creates very bad effect on my children. I have decided to keep mum and near about 2 years there was no dialogues in between us and not kept any relations with her only for children’s future. But day by day situation went wrong her aggressiveness becomes very painful to me and I went into depression. Due to loan EMI my financial budget got disturbed. I complained about her nature to her parents time to time but no any action from them.
In the last year (2015) I called meeting with all relatives from both sides and conveyed all the situation, after large discussion no any solution found at the last I declared in meeting that hereafter it is not possible me to live with her peacefully. And I have shifted to Washim ( where my current posting is) and my son admitted in hostel because he also don’t want to live with her mother. Every month I deposit EMI of that flat and maintain all expenses of wife and my daughter from my salary.
In the whole year she makes calls ,threat me and makes mental harassment for money abusively.
I really got disturbed and in feel depression.
My friends/relatives suggest me to remarry. But she is not ready to give me divorce.
My question is :
Is it legal to live-in relation with unmarried female (with her willingness). ?
Is it necessary to separate legally?
Whether she claim 498 against me? Or What?
Please advice me .
Thanking you.
Anil Pasupala
21 June 2016 at 14:22
Dear Experts,
I am appreciating all support from LCI members; this forum is very much useful for dummies like me.
Now regarding my queries
1-FIR registered with (498A,323,506 and DP act sec 3 only) But in charge sheet its (498A,323,506 and DP act 3 & 4) why the IO did not mentioned in FIR about DP act4,whereas charge sheet is simple copy of FIR, same word to word copy ???
2-whatever the allegations in FIR, Charge sheet, Witness Statements all mentioned only one thing, that after marriage I lived with me wife for about 5 months, then all the allegations(physical torture, mental torture) happened according them ??
Whereas I left the country after 1 month of my marriage, can I use my passport entry and exit stamps and flight E-Tickets for my defense as evidence, is it admissible in the respective court (the copies of entry exit stamps and Etickets in plain paper) or shall I have to apply RTI to get this information, as I read in this forum that RTI is exempted in Bureau of immigration which is part of IB ??
3-They even mentioned that I pledge her jewelry somewhere, in both FIR and charge sheet, whereas the entire jewelry is with her. How to prove it,if at all it was true why the IO failed to register IPC 406 and other sections ??
Dear LCI experts I am thanking your support in advance.
Nirjhar Pal
21 June 2016 at 14:12
Dear lawyers, I am the husband and a father as well, the problem is with my wife and her parrents. I and my wife with our child stay seperately from my parrents. My wife is a house maker now and my child is only 8 months old, my wife has got a younger brother of 20 years. My in-laws intervention in our life has been too much. they keep calling her every now and then, and disturb our life. My wife dosent care of my parrents much, she rarely calls them and meets them, leave taking care of my parrents. Now lately her she is at her home with her parrents since past 1 month. i want to know is there any provision in Indian Law which restricts my in-laws intervention in our life and to bring her back to my home from her in-laws. i dont wanna go for dvorce, just want to restrict my in laws and my wife should stay with me.
pls let me know, what to do, Thank you very much.
Razzz
21 June 2016 at 12:48
Hi experts
I have married 11 years back, my wife is always suspect me and quarrels even small things, there is no piece of mind at home and there are many panchayat with my parents and her parents, even after she was not changed her attitude, we separated from last 3 years for misunderstanding between us, I have two children's, please tell me what next I can do, she is not even ready to mutual divorce, please help
Regards
SATINDER
21 June 2016 at 12:25
My query is about husband-wife relation as per Hindu religion/law where wife is willfully not interested in having physical relation with her husband, which has become a cause of mental trauma for a husband. under such circumstance what remedies are available for husband, especially when wife is not having any physical or mental disorder and do not want to have physical relation with her husband. What if this situation is for a long period and there is no change in wife's behaviour.
perumal
20 June 2016 at 16:43
Hindu family - father, mother, only heir married daughter (leaving behind husband and a son) had expired. Married daughter’s son alive. Her husband remarried and alive. Please kindly explain who are legal heirs to father now.
Father - expired on 01.12.1993
Mother – expired on 01.01.1999
Daughter – expired prior to 01.01.1993
Daughter’s husband – Remarried and alive
Daughter’s son – alive
Who are now the legal heirs for father.
Thinking you, sir.
Perumal.M.
Anonymous
20 June 2016 at 11:54
For how many years should Bombay city civil court maintain old adoption petition judgement order etc...I got an adoption order in 1990 for my adopted daughter.Will the papers still be there in Bombay city civil court?please advise...
GopalKrishna
20 June 2016 at 11:51
Hi Team,
Since our marriage of 9 years.My wife is a working lady. I am facing multiple challenges as she crosses family ethics and choices. Ex - Long hair to Short hair, See through dresses, and many more. When i try discuss she revolts and goes to police station and states - Domestic Violence. I am afraid to face any legal challenges. Please suggest for the same.
Thank you
J P Saha
ramesh
19 June 2016 at 22:41
dear exerts,
i hav a query wt case shall i file child visitation or custody?
i filed divorve case on desertion and wife filed hma24,she dont like to give divorce her intention is to get money frm me and dragging d case.my daughter is 5yrs i want to fie case for my daughter but confused wt to file,sm1 told me i ll nt get custody since i m Working in military.
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my brother married in march 2015 and left back for US in April 2015 . both are Hindus . Wife wanted her to be with him in US brother declined . on Nov 2015 she filed case as NULL and VOID and in petition said to recover expense of court from him a . case was set in Nov , Feb , April , may and now 3 July for counselling . As he left only 10 months back after marriage and on January 2015 only he got job in US find difficulty in getting leave . we arranged a advocate to inform court saying he is on US and requested court to give time till DEC for which it was turned down . Now he will appear only in Dec. If he not appearing for counselling can he get expartie divorce and judgement can we expect and can he go for appeal in high court . Any sort of compensation to be paid as per court and can that be set aside till he come in Decemeber . Even if court advice for payment of money can his relatives approach court for considering in December