498a/406
Shivji
(Querist) 26 July 2013
This query is : Resolved
Sir/ Madam,
I havebeen falsely implicated by my wife of Dowry Harassment case about 4 years back.
I was married on 2/12/2000 in Gurudwara at Anarkali Enclave.
I found out tghat my wife was having Extra marital relations with othe males ans also indulged in frauds with Govt agencies.
I was evicted from my mother's flat that she (my parents)had given us to stay to be able to lead a peaceful life.
My wife has got PAN card in the name of DEEPA BHATTI while she has also taken several credit cards from various banks .
It is also revealed that she has used my mother's flat address in all the cards. Moreover she has shown that she is also married to one Praveen Bhatti.
I have given all these DOCUMENTARY evidences in courts but sorry to say that no judge has taken any cognizance of all these evidences.
To counter my Divorce petition which I filed in the Hon'ble Rohini courts in May 2008 after being evicted from my mother's flat, she (wife) lodged a false DOWRY case on 16/01/2009.
Today I am homeless and without job. While she has the custody of my mother's flat and also broke the 'Kunda' of my other flat which I had taken at Uttam Nagar after getting me arrested in the Dowry case on 25th July 2009. Though the only keys were in Police custody as Jamatalashi.
I filed a petition U/s 156 for tresspassing at Dwarka court but my wife being a lady of means bribed the police and the court dismissed my application.
Please help me as on the 5th of Aug 2013, I have to appear in Tis Hazari courts for 'Arguments against framing of charge' in the Dowry Case.
I would like you expert opinion as we have to submit certain more papers as evidence that were in the High Court files but the PP says that we are not allowed to do so.
In the High Court , I am contesting an order passed by Hon'ble Shri Kamlesh Kumar who without considering the material facts and evidences passed an order that I pay Rs 7500 pm as maintenence and 22000 as legal cost to my wife for the maintainence of my son. She is earning more than 14 lacs PA (this evience too has been submitted in courts thru Form 26 AS of Income TAx).
Please assist me as I am absolutely innocent andthe law is lopsided towards the ladies.
Kindly send ur expert advice and any ruling whereby my lawyer can submit eviences before the Sessions Court on 5th Aug.
My id is shivjidb@gmail.com
Regards.
ajay sethi
(Expert) 26 July 2013
if your wife is earning Rs 14 lakhs a year then court should not have passed an order directing you to pay her any maintenance . however please note that maintenance of child is responsibility of both the parents .
hence court must have directed you to pay Rs 7500 as maintenance for your son . court would not have awarded her any maintenance .
since you have engaged a lawyer go by his advise
ajay sethi
(Expert) 26 July 2013
as far as your mother flat is concerned your mother can take eviction proceedings against your wife . your wife cannot have any claim on said flat . responsibility of providing accommodation is upon the husband not mother in law
R.K Nanda
(Expert) 26 July 2013
nothing to add.
Shivji
(Querist) 26 July 2013
Thanks, but my query still stands.
What can I or my lawyer do to make the judge understand that they should go rthru the documentary evidences provided by me to the Hon'ble courts?????
I have been the victim and the judges (whether of the Family Court, Women Cell or High Court) have just turned a blind eye towards the same.
Whenever I want to speak my point the judges donot allow me to say anything while the other party shouts and says whatever she wants to say.
I am so fed up with this that I am rendered homeless and jobless whereas she enjoys both the flats and all the things in it.
Another thing, she has named my parents in the dowry case but in front of the judge at family courts she has given a WRITTEN STATEMENT that she has returned the keys of my mother's flat to my father......
When my lawyer asked that if she has withdrawn the dowry case against my parents , she didnot reply and the judge just smiled and passed an order for maintenance in our absence.
Now I am challenging this defunct order in the High Court.
Please advice what legal measure do I have to get justice.
dr g balakrishnan
(Expert) 15 October 2015
If she was having extra marital relations means, before marriage too she might be dating, that means you marrying her you deemed to have exonerated or willing to permit would be the contract reading term, when you had not done your proper investigations on the conduct of that lady,it also provides same position, what is the point of agitating now sir.
It is like if you do not file FIR, any criminal complaint may not or might not survive.
preliminary procedural precautions in every thing more important , much more so in regard to marriages sir.
Dating is a common feature in india, that gives one many relations, especially in work world.
Once you marry means you deemed to have accepted that way of life.
today divorces are common when so where is virginity concept,
one needs to not play too many plays.
fault is on you better accept instead of wasting immaterial litigation if pursued it continues for ever all peace of mind is dead for ever my friend.
Sudhir Kumar, Advocate
(Expert) 26 July 2013
