need advice
Querist :
Anonymous
(Querist) 30 July 2010
This query is : Resolved
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
Guest
(Expert) 31 July 2010
yes, Sir. What you said is exactly that happened, you require to engage an advocate with reasonable skills because in your case, the emails and telephone bills have to be proved in accordance with law and for that a good advocate is required. He can assist you in criminal case and divorce case also.
Querist :
Anonymous
(Querist) 01 August 2010
Dear Sir,
Thank you very much for your advice and reply.The divorce case is filed by the girl at Trunelveli,Tamilnadu District court,(as there is no Family court there),the place of our marriage and the place where the girl hails from and where her parents live.But the criminal case is being dealt at Roorkee court,Utharanchal,the Police station where the case was filed being Roorkee.I had engaged a very senior Criminal Laeyer Mrs.Pushpa Joshi who filed Bail application at Nainithaal High court and got me bail.But she does not Practise at Roorkee.I have engaged a good Advocate at Tirunelveli to take care of my Divorce case.Can you suggest a good advocate who will defend my Criminal case charge sheet at Roorkee court,which is yet to issue me summon.Thank you once again Sir
Krishnan
