Case by wife & repeated threats of police beating
arvind mahajan
(Querist) 13 October 2012
This query is : Resolved
We married in 2003 at Arya Samaj Mandir, New Delhi. The wife was muslim and me hindu. I was a widower with a daughter, which I mentioned in the affidavits and she also admitted to take care of my daughter as her real mother.
We lived away from my parents and daughter for 3 yrs so that her parents could visit and see us and there is no adverse action. This was on the advice of her sister, who had said that we should live together for 2 -3 months in view of any action from her relatives especially parents. But later her sister told me to forget my daughter and parents and any returning back. The main reason was that the fact that I was a widower and had a daughter was concealed by her sister from her parents and she was afraid they would know this and blame her.
My repeated attempts to meet my daughter and parents were dealt by my wife by slitting her wrist with a threat that if I insist more either she would end her life like this or hide somewhere and her sister would lodge the complaint with police that I did something to her. Under the fear I some how passed the time.
In 2006, she asked that she want to live with her sister and mother as her father doesnt take care of her mother, as he has a second wife. My wife allowed me to go back to my parents and live with my daughter. I felt a sigh of relief to get an opportunity to serve my parents and take care of my daughter.
she would call me on the saturdays to show her mother that we still are together. If I refused to go I got threat of action in women cell.
I after my job started visiting my father's shop in evening to assist my 70 yrs old father. One day my mobile was left at the shop and the shop was still open and her calls were answered by our neighbour shopkeeper who is a property dealer. The moment I came back i was told there were some calls on your mobile which he answered. I didn't object.
Since that day the chaos started. What I did, what I wore, what I talked, every thing was told by my wife over phone. I didn't understand how and why this was happening.
She stopped asking to live together. Rather now I would ask her to live together. Now she started lingering on and never gave any concrete reply. She would put impossible conditions that we both will live only not my parents and daughter., etc.
I got suspicious, I started running after her to understand the real story. I met her on two three occasions she would admit that there is some one in her life but always asked me to prove to get rid of her. I was helpless.
On 13 Feb 2012, I requested her to meet her for valentines day celebrations at her home. She hesitantly allowed. On reaching her home I saw her new mobile. I noticed that there were two numbers from which there were alot of calls and sms were there both in coming and out going. I noted the numbers before she could snatch the mobile from me.
I couldn't understand what to do. I tried one number it rang in the pocket of our neighbor shopkeeper the property dealer and he started abusing me. I rang it two three times the result was same. One number was confirmed.
Next day I called at another number and the receiver got some what nervous on my introduction as her husband. In evening my wife call me up and threatened me with dire consequences. She admitted that there is some one in her life.
Since that day the property dealer started threating me with police action and stared collecting evidences against me. He would stand near the adject common wall between his and my father's shop and pass indecent and vulgar comments about my wife I sent her several sms apprising her of this property dealers activities and asked her to talk to me directly.
She didn't answered any of my calls and sms.
I couldn't imagine that a union leader at my office had been taunting me for last few months on our marital discord, hew would pass some vulgar remarks threaten police action and like that in stairs, washroom coridoor etc. One day he said you are gone as your wife is going to sue you and police will beat you. Now enjoy that I requested him to be away from our personal matter but he didnt acceeded to my requests. Few days later he showed me the last page containing sign of my wife and said this is her complaint now be prepared. I hung my head down and again pleaded not to interfere. He didn't understand.
Now the situation is every now and then I receive threats from the union leader and the property dealer of stern police action against me on my wife's complaint to police.
They often say that they have full tuning with the police and my parents have to arrange to collect my unconscious wounded body from police station.
I got several dates from them for the action but now they have given for 18 or 19 Oct or before Dipawali. They claim that police will only manhandle brutally.
I cant understand how it is possible?
What can be the remedy?
Can police act in this manner?
Can the bail be obtained ( anticipatory)?
or any other remedy available to me.
Whether the police complaint is possible as one or two police personnel used to visit this property dealer quite often and assured him of action against me.
How should I visit police station if I am being called upon?
What is the course of action in such cases?
Please advice, as an SOS
P.S.
She signed the affidavit for conversion which they claim( she & her sister)to have obtain from SDM Badarpur area. I only went to collect it along with her from the person.
Now, their prime threats are that I concealed of being a widower and having a daughter. Which she and her sister concealed from their parents.
She, her sister and her brother in law (sister's husband) had told their relatives
that we married according to Muslim law to this effect they procured a certificate from a quazi for Rs.1000.
But the main thing is that I didn't live with her from the date mentioned in that certificate.
We only resided together after our marriage was solemnised in Arya samj Mandir, Delhi in 2006, which was witnessed by my colleage and her wife and from my wife's side her colleague witnessed, we have photographs of that also.
During her visits of one or two days to my parents and daughter my mother gave her 4 sets of gold oranments which she kept with her sister. I used to request that keep these ornaments in a locker in your name and keep the keys with you but she didn't agree. This was also a point of conflict.
Sudhir Kumar, Advocate
(Expert) 13 October 2012
Mere visit of two cops to paramour of wife?
is there some more material making you afraid.
arvind mahajan
(Querist) 13 October 2012
Sir, do you find these threats baseless?
How can one bear such humiliation and torture?
The defamation is also troubling me.
Please advice the action.
Adv.R.P.Chugh
(Expert) 13 October 2012
1. Don't go to the Police Station unless served with a formal 160 Notice.
2. This is not the stage where antcipitory bail can be obtained. It would be better if you intimate the higher authorities of your state of the apprehension that you are facing. In all probability it should help you.
3. FYI if your wife was a muslim - you could not have lawfully married her without her converting. Was it done ?
Sudhir Kumar, Advocate
(Expert) 13 October 2012
Mr chugh has laid very valid query regarding conversion of your wife.
arvind mahajan
(Querist) 14 October 2012
Sir
She signed the affidavit for conversion which they claim( she & her sister)to have obtain from SDM Badarpur area. I only went to collect it along with her from the person.
Now, their prime threats are that I concealed of being a widower and having a daughter. Which she and her sister concealed from their parents.
She, her sister and her brother in law (sister's husband) had told their relatives
that we married according to Muslim law to this effect they procured a certificate from a quazi for Rs.1000.
But the main thing is that I didn't live with her from the date mentioned in that certificate.
We only resided together after our marriage was solemnised in Arya samj Mandir, Delhi in 2006, which was witnessed by my colleage and her wife and from my wife's side her colleague witnessed, we have photographs of that also.
During her visits of one or two days to my parents and daughter my mother gave her 4 sets of gold oranments which she kept with her sister. I used to request that keep these ornaments in a locker in your name and keep the keys with you but she didn't agree. This was also a point of conflict.
ajay sethi
(Expert) 14 October 2012
contact a detective agency . obtain some evidence about extra marital affairs of your wife .
Sudhir Kumar, Advocate
(Expert) 14 October 2012
So the point of conflict was the custody of jwellery which being stridhan was her exclusive and absolute property. You had no legal right to interefere.
Whn she did not agree to keep jwellery in locker then waht did you do?
Please spell out whether this alone was the point of concluct or any other.
arvind mahajan
(Querist) 14 October 2012
Nothing I repeatedly told her that she should not trust others but keep it in her locker.
Which she never listen.
This was one of the difference.
She and her sister never wanted me to live with my daughter and parents. I always was on their mercy for allowing me to meet her.
It was my repeated visits to Hanuman Mandir that she left to live with her mother and sister as I earlier said her father had married another woman and was not taking care of her mother.
Will the police be the only investigating agency with whom I have to share all the details considering the threats and all, when I realise that most of the things are preplanned?
arvind mahajan
(Querist) 14 October 2012
Is there any way that I should avoid contact with the police and approach the court directly?
prabhakar singh
(Expert) 14 October 2012
YOU SHOULD COMPLAIN ABOUT THE THREATS TO HIGHER POLICE AUTHORITIES.
arvind mahajan
(Querist) 05 January 2013
Respected experts
Thanks for the guidance.Please refer to my query dated 13 oct 2012. But now a days in my office a Union leader Mr V K Paliwal has repeatedly saying to my colleagues that Arvind will be called to police station and thrashed and will be put behind the bars. He further says that her wife had paid him 20000 which he used towards purchasing a flat which was later sold when she moved out.
Sir he further threatens that his bank accounts will be sealed and investigated. Then his parents will be forced to pay the money. He confidently says the I O is his friend and is under their influence.
Please advice under which section / charges I can be put behind bars, when me and wife are living separate for last 6 years. My wife claims to have recorded our conversation in which I accepted all her allegations and asked her to live together.
Sir please consider it as SOS.
Sudhir Kumar, Advocate
(Expert) 15 January 2013
query continued at http://www.lawyersclubindia.com/experts/365076-365076.asp
Sudhir Kumar, Advocate
(Expert) 25 January 2013
Facts are scattered on various threads:-
http://www.lawyersclubindia.com/experts/Threat-of-being-implicated-in-criminal-case-365076.asp#.UQKDB_J17fM
http://www.lawyersclubindia.com/experts/what-to-do-upon-arrest-not-produced-in-court--365141.asp#.UQKBtfJ17fM
http://www.lawyersclubindia.com/experts/Case-by-wife-repeated-threats-of-police-beating-345626.asp#.UQKB_vJ17fM
http://www.lawyersclubindia.com/experts/Weightage-of-recorded-phone-call-346816.asp#.UQKCHfJ17fM
http://www.lawyersclubindia.com/experts/Police-complaint-use-of-third-degree-351421.asp#.UQKCRPJ17fM
prabhakar singh
(Expert) 25 January 2013
Why doing so?
Getting fool or making either way loss is your's,not of experts.
V R SHROFF
(Expert) 25 January 2013
Is there any way that I should avoid contact with the police and approach the court directly?
Ans: YES.
