Anonymous
30 July 2010 at 21:17
Dear Member of LCI,
I need sincere advice on the current problem of mine.I work in Roorkee as a faculty holding decent salary and hold a Phd too since 2001.I was married Hindu tradition arranged marriage in 2005.The girl only daughter was an Engg graduate passed out in 2001.My wife never was employed till her marriage.After marriage her parents came all the way and settled the fsamily life by going over with her and stayed three weeks with me.I tried giving her all comforts happily and was happy too.I got her a job in my place of work also for her,But she worked for only few months and stopped in 2006 itself.My parent and,my only sister never visited me since my marriage till date after 2005.My wife wanted me to cut all my relationship with my people and same with her parents.She conceived in Sept,2006 and during routine Medical check up at Roorkee within 6 weeks they found on ultra sound exam the fetus did not have life and suggested abortion ,with her consent.It was termed as Missed abortion.I informed her parents of this .They came and took the girl home.They did not make any complaint at that time to any one.She came came back lived with me and once again conceived in Dec 2008.Her parents took her home in 6 weeks of conception.On examining at their native place in January 2009,once again in 9 weeks of pregnency the Drs found no life in fetus and with the consent of the parents and girl it was removed by DNC.They had sent the aborted fetus for analysis to find mismatching of RH factor between the couple.When the abortion took place in her native place,I was away in USA.She returned back to Roorkee to live again with me in April 2009 last .But no complaint to any one at any time on Harassment.She accompanied me to Canada for three months when I went on official work which I funded and enjoyed the stay and had site seeing also.
But suddenly in January 2010 her father came to Roorkee on a Friday late at night to take her back for some function.The vey next day,Saturday, both my wife and her father without telling or indicating anything or to any one,they had given a well prepared typed complaint against me of Dowry Harassment to the DSP of Haridwar district head Qrs.and returned back to my place.But showed no signs of their plans.Next day Sunday,they personally went made police complaint to Roorkee police statio under dowry harassment,when I was away in my office.Sunday eveig I was summoned to Police station to be told which was a surprise that I was charged under IPC section 498/A,313,323 and 506,and put in Jail for forty five days (11th Jan ,2010 to 22nd Feb,2010).My bail appication was refused at District court.TheN I moved bail application at Nainithaal High court got unconditional bail.I waa under suspension for the period of jail.Now i am back in job.The police has filed their final chage sheet to the court,but I am yet to get the summon.
After keeping me in Jail, my wife and her father emptied my house packing all her belongings and left Roorkee very next day of my arrest,including opening the Bank locker which we jointly hold as either or survivor,with all her jewels,including the house key and locker key.They also tried by paying good money arrest my parents and sister,who had nothing to do ,but they spent money got stay against arrest from High court of Nainithaal.
All their stuff were sent by a transport company.
Now after two months they filed divorce petition in March at their native place in South.The case is under adjournment as I sought time to reply their affidavit.In the mean time thay have filed yet another petition demanding interim maitanance of Rs.10,000 a month.
I have all documents to prove all their allegations are falso.Telephone bills of last four years of my house,out of Rs 15000/- total her calls to her parents are Rs.12500/-.I have all her email correspondence and transfer of money to her amounting to more than one lakhs,and no record to show that either she or her parents gave money as they had not done.She had even erased all things photos correspondences from my laptop and destrooyed all evidences which might go against her,from my Laptop.But I had back ups which I could recover.I have even all medical record where in bith times it has been said as Blighted ovem,Missed abortion,which is not killing of a child.
I am in a quandary as to what should I do.Can she insist on Interim Maitenance ,when Criminal case is yet to be proved and divorce case yet to be heard.
Kindly advise.I am a st.forward poor teacher .They only seem to be interested in money and harassing me.Should I engage a Lawyer at Roorkee if the case come for hearing and I am summoned.Thanks
Krishnan
Thanks Sir
vijay k. mukul
29 July 2010 at 23:27
order awarding maint. u/s 24 shall be challenged before high court under which prov. of law?
Anonymous
29 July 2010 at 22:43
Ld Counsels,
Is possible for a family court to dismiss a petition if it is proved that the allegations prima facie are self-contradictory and no prudent person can come to a conclusion based on this.
Why family courts are failing to frame the issues as required under Order XIV of CPC and accepts the case for trial. Even at the time of framing the issues if it is established the allegation/pleadings are self-contradictory and lacks merits can the court dismiss the petition. Kindlt give me such judgements aailable or any guidelines formulated by SC.
I am basically looking for a counter-part of criminal quash in civil proceddings
Please help. Thanks
kamlesh
29 July 2010 at 18:37
SIR,
I NEED PROFORMA OF WARRANT ARREST UNSER SECTION 125 (3) OF Cr. P C. BOTH THE PROFORMAS ONE WARRANT ARREST AND WARRANT ARREST WITH SURETY IN ENGLISH. CAN ANY ONE HELP ME
sagar Rao
29 July 2010 at 16:43
We have property in the name our father and my father had died last four years back without transfering his property to my mother or his sons,we are four brothers and pls inform who is the legal hire of my father property i,e my mother or my mother and four sons.
kumar
29 July 2010 at 09:10
Girl is applied for null and void of marriage against boy one year before(2009). we from boy side not received any legal notice from the court only our parents will be staying this address and other reason for rejecting the notice is not to extend the proceeding.
Now court is in the process of declaring the order, during this process( 1 week before) girl had amend additional petition for compensation.
Now we have received a letter from the girl that judge will pass order on 1/8/2010.
will judge declare nullity of marriage and along with compensation.
We are not interested in extending in proceeding, if girl wish to live together no issue and similarly not will to live also we have no issue, only factor is compensation such expenditure of marriage which they claim 15 L but from our side also we have spent .
if judge pass order both nullity and compensation. shall we can appeal compensation part later filing petition .
Anonymous
28 July 2010 at 22:16
Wife wants to compromise after 498a.
But her Pastor advised wife to put up maintenance case against husband as per wifes version.
Her Pastor not talking to any one from husband side.
Whats the way out from him as she is dependent on Pastor & no evidence on the conversation between wife & Pastor.
Any legal way please!!
Anonymous
28 July 2010 at 22:01
Wife is living as unmarried in the shelter of parents since last many years after being dumped by husband from her marital home where she lived for few months after wedding as per Hindu rites. Proper negotiations were made prior to engagement and after that groom was freely allowed to chat with bride on many occasions . She was science graduate, innocent and relatively younger and grown in metro city culture in a well educated well-to-do nuclear family and away from village culture. He was non-graduate, relatively older was pervert, lusty, uncivilized, and typical male chauvinistic pig and arrogant 'Damad', grown in village and tribal culture ,coming from underprivileged class.
During those few months she was abused sexually at nights by her husband with aforesaid traits, without taking her prenatal care. Her rural in-laws not only removed home-maid after getting 'Bahu' but also abused her physically by burdening her 18-hrs with home chorus ignoring her health during pregnancy with taunts. Her health started fast deteriorating after entering marital home full of hostility. The husband from day one, left no chance to exhibit his typical village behavior of undermining wife and in-laws by routinely subjecting them to insult, humiliation and embarrassment. He started abusing wife and in-laws mentally when her parents from metro-city were not accustomed to pampering their 'Damad'. Within no time he changed his color faster than chameleon by tactfully pressing wife and in-laws to yield to his demand for additional home appliances, furniture, and helping him financially.
After a few months of pregnancy, she was diagnosed requiring emergency abortion. This gave husband a golden chance to settle score with in-laws. For this he collected false and unlawful evidences which put a stamp on wife's health that she was unfit to serve basic marital purpose. Taking this as insult to their daughter, his in-laws advised him privately to get himself diagnosed to show his fitness for the same purpose. This advice straight added fuel to his mind, already smoking with rage for not meeting his said demand and his countrified personality took it as insult ,challenging his manhood. He became violent and furious and one fine day after conspiring plot, dumped wife after snatching her ornaments including 'Mangalsutra'. She left behind all her valuable households and 'Stridhan' and started living with parents. Her parents tried to contact him in all manners but in vain.
Husband immediately resorted to legal terrors, as modern wifes do by using 498A, including writ petition. He charged in-laws of not sending wife for conjugal relation and looting marital home by taking away all wife's property.
Wife did her medical forced abortion on parent's expenses and remained cool for her health recovery, without retaliating to husband's legal terror. Her parents could not use normal channels to meet him which he blocked by police action against them. Even wife could not communicate with him to tell him about her abortion, as he would not respond after identifying her on caller-id.
Many years have passed, and there is no any kind of response from husband-side. Wife now has developed hate against him, and does not like to remember the hell-like marital home. Of course, she waited for initial a few years after her ouster with a hope that husband would come forward to reconciliation or allow her to do the same for restarting marital life.
Now, wife wants 1) to dissolve the marriage, 2) wants to get free forever from any litigation she may face in future from husband-side, 3) wants to fight case for justice by putting aside all the useless, false and fabricated charges including criminal against her and parents, based on illegal and false grounds and at the same time wants to charge husband and his relatives for many crimes they committed against her and parents.
For the aforesaid purposes she wants to use all evidences possible in legal manner and false and fabricated documents received from husband in the form of legal notices including from police and copy of writ-petition from his advocate served in unlawful and unofficial manner. She has not received till-date any notice or summon from any court or faced any police action during all the past years till-date.
Please Advise
Thanks.
shashi
28 July 2010 at 09:16
If grandparents are no more and the property(still in the name of grand parents)has been equally distributed among my father and uncle.annual receipt is in the name of my father then-
still ,will it be considered ancestrl one?
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Pastor behaving like a SPOILT BOSS
Wife after 498a,says she wants to join back with husband,but at same time she said as per her pastor she is going to file maintenance,but not done so far.
Both pastor & wife seems to be hypocrats in this case.
It is difficult to believe either of them.
Is there any legal way , so it will make either Pastor take complete reconciliation process's responsibility or will make him out of this case ?