Seek advise on maintenance, fake dowry harrassment and fake domestic violence case filed by my wife
Rajesh
(Querist) 10 February 2013
This query is : Resolved
Dear Experts,
I am an HR professional and work for a private firm. I seek your expert's advise on the Maintenance Case and Fake Dowry Harrassment and Fake Domestic Violence Case filed against me by my separated wife.
We got married in Feb. 2008 as per Hindu rituals. It is an arranged marriage held with the consent of parents of both side. Since starting of our marriage, we used to quarrel on small-small issues because our wave-lengths did not match and because we did have different opinions.
The problem got started in Nov. 2011 when I saw one sms in her cell phone and found that she may have an affair with a person. I asked her about it which she accepted and regretted but I was in anger, hence, did not speak to her for almost 15-20 days. She got irritated with my behaviour and left my home along-with my 11 months daughter and started living with her parents.
She could not take care of our daughter as she used to work with a private firm. Her father took care of my daughter as my wife’s mother is working outside town.
After one month or so, she gave my daughter back to us to take care of her but she did not come back. My mother started taking care of my daughter. My wife used to visit once in 15 days to meet her daughter and it continued for almost 5 months or so.
In the month of May 2012 when my daughter turned up one and a half year old, she came to take her back. We refused but she tried to take her forcibly. During this my wife’s hand got jerked and she called up Police on 100 and conveyed that I have been beaten up my in-laws. Police came and they found that nothing happened but they advised us to handover the baby to my wife.
She took her my baby and started living at her parent’s house. She asked for maintenance which I declined to give as I requested to take a final decision. After few months she filed a case against me for Dowry Harassment and Domestic Violence. Accordingly I got a call from Women’s Cell and I went there for briefing. They advised both of us to go for Counselling and resolve issues keeping in view of a small baby.
Our parents again sat together and discussed all the issues at length and finally concluded that I will come out from my parent’s home and will stay in a rented accommodation with her and daughter and rented accommodation will be near-by my in-laws house. She will continue her private job and I will pay her Rs. 10000/- per month as maintenance (my parents were not ready for maintenance as I and my wife will be staying together). This Compromise got formalized through Affidavit and was submitted in Noida Court as well. We both signed in one register in front of the Judge for formal compromise. Here I would like tell that the Compromise Agreement was signed by me and wife, her mother as Witness 1 and she signed fake signature of her brother as Witness 2. My mother and Father did not sign on the Agreement as they were not ready to agree few clauses mentioned in the Agreement. I signed on the agreement because I wanted to stay with my daughter only.
I took a rented accommodation at Noida in the month of Nov. 2012, purchased furnitures and fixtures, etc. and spent around Rs. 1 lac. In addition to this, I started depositing maintenance of Rs. 10000/- per month to her Bank Account from Oct. 2012 onwards. Further, I admitted my daughter in a Play School cum Day Boarding where she stays from 9.30 am till 3.30 pm daily (six days a week) because there was no one to take care of my daughter including my wife who was working.
During the stay at rented accommodation, she did not take care of us, did not cook for us. In fact, she went for outstation trip with her friends, night out on the day of New Year eve and I was the one who took care of my daughter during her absence. I have been tolerating all this because I wanted to stay with my daughter.
Few days before I got a call from my father that he received a notice issued to my name from Judicial Magistrate of Gautam Budh Nagar to appear on 12th Feb. 2013 and give justification in the case under section 125. In the evening of same day when she was at her parent’s home, I asked her about the case and she said “I don’t want to stay with you and also declined me to meet my daughter.” In anger and to avoid argument, I told her not to come to my rented accommodation. Next day again I went to her parents home but she and my daughter were not at home. I kept waiting for hours but she did not come to her parent’s house and I left her parents home at 10.45 in the evening. But I clearly told her parents if you again decline OR create a situation so that I may not meet my daughter, I will go to police and complain and went back to my rented accommodation.
Next day on 31st Jan. 2013 after office hours, I went to her parent’s home but did not find daughter there. I waited for almost 45 minutes but my wife and daughter did not come. I went to Police Station straight forward and complained. They advised me to go back to home as this is a family matter and no women constable is here. They also advised me to come next day to discuss the same with SHO. I went to my rented accommodation wherein I found that the lock is broken and all the household items and Rs. 22500/- in case are stolen. I called up my wife’s mother and informed about it then she said that my wife has shifted all the household items at her home only.
I again went to Police Station and complained about the incident but they again said it’s a family matter, you please come next day to discuss on this. I argued with them that somebody has stolen my household items along-with Rs. 22500 in cash and after due diligence I got to know that it is done by my wife only. But they did not file my complaint then I called up 100 No. at 9.40 pm and filed my complaint but no reference no. was provided to me.
I went to my rented accommodation again and slept there on that night. Next day I went to Police Station with a written complaint but they advised me to go to the Chowki In-charge first. Coincidently, Chowki In-charge was in Police Station only. I briefed the whole matter to him and he kept my written complaint but did not acknowledge it. I requested him to visit the rented accommodation and see. He went there and saw the theft place and he also advised me to go, I will discuss with them (my wife and her parents) as well.
I again met the Chowki In-charge in the evening of same day to get the acceptance copy of my complaint. The Chowki In-charge called up my wife and asked her to come to Police Station. Coincidently, the SHO were present there and she listened to both of us. During the discussion only we got to know that she submitted an application to SSP that my husband has beaten me up and thrown her and daughter outside from rented accommodation. SHO also advised us to go for legal separation but it seems my wife is not in mood to give me divorce. I would like to tell you here that late evening we got the acknowledged copy of our complaint where in it is clearly mentioned that she took all the household material like, Bed, Washing Machine, LCD, Fridge, etc. and Rs. 22500/- in cash. Also to bring to your kind notice she has all the jewellery i.e. the jewellery which was given by her parents to her, the jewellery which was given to her by us and the jewellery which was given to us by her parents.
Now I have to appear on 12th Feb. 2013 in the court of Judicial Magistrate to give reply to her allegations and Maintenance of Rs. 40000/- per month. FYI she stated in her complaint that my salary is Rs. 1 lac per month and she requested to get Maintenance of Rs. 40000/- per month to take care of her and her daughter.
Kindly advice.
ANIL KUMAR 8867907494
(Expert) 10 February 2013
U have to file detailed reply to her petition , try to dig out for proof of her illegal affair this will resolve all ur problem if this is ruled out get other proofs of her night out stays and other acts which give wrong impression on her before court and all her false cases will be dismissed and u can seek custody of ur daughter and further submit ur and her salary slips to court be frank
Rajesh
(Querist) 10 February 2013
Sir,
It is very difficult to prove adultery before the court. I may not have enough evidence to prove that she went for outstation trip and night out but on the instruction of the Hon. Court, it can be collected. Also I have been communicated that I may not get the custody of my daughter as she is less than 5 years old.
But to prove that my wife is not family oriented girl, very careless and doesn't take care of her daughter as well and also the cases of Dowry Harassment and Domestic Violence are fake, I have one recording wherein her father and mother accepted the same.
Will it help me out during the proceedings?
Raj Kumar Makkad
(Expert) 10 February 2013
As she is already working so her income shall also be duly considered while computing the amount of monthly maintenance. The act and conduct of your wife should also be mentioned in your written statement but ultimate solution shall arrive only in divorce petition may it be mutual or contestant.
Rajesh
(Querist) 10 February 2013
Sir,
She left the job two months before only after serving almost two years in the same company. Understand that she she joined somewhere else but on Part time basis but I am not sure on this.
In her petition she said her health is not good, not working at all now, hence, Maintenance should be increased from 10000/- pm to 40000/- per month.
If you have any reference who can take up my case in the court, please let me know but it is preferred that he/she should be expert in family matters and should be staying nearby.
ajay sethi
(Expert) 10 February 2013
engage a lawyer . file detailed reply to the allegations . your wife has stated that you are earning Rs 1 lakh a month . is it true ? you have stated that your wife was also working in a private firm . gather all evidences about her working experience .
V R SHROFF
(Expert) 10 February 2013
U try to defend, gather strong evidence.[Query too long to red, so giving gen comments on DV Defence]Need good Lawyer, who prove your points that she earn,
Custody: no chance.
V R SHROFF
(Expert) 10 February 2013
Your dispute started with SMS only, as you say.
Human Relations Managers must have some clue; to prove why relation broke down so fast?? It is better to ignore small mistake. If can rectify it, if minor mistakes, it is better to forget and forgive, instead of spoiling many lives, and live in tension and unhappiness. We all are human, and can make mistakes.
Pinpoint,in court if it is due to her adultery.
On 12-2-13, appear,. and ask time to reply. It will be granted. Apply for mediator, buy time to reply, and buy time to correct relationship if possible. It will certainly be rewarded.
Once crack widens, it will result in breakage, and daughter will suffer.
Internet, Mobiles,Computer, Face Book,E Mails and SMS are breaking lots of Marriages now a days. They lure for singles & Dating & so on for their business, their income, their profits, at the cost of Happy married Life of so many couples. It's modernisation, and we have to change with it accordingly. We are more exposed. Anyway, take a prudent decision, go in low profile, not Law Profile, and use your HR techniques. We are human, and will Err.
Raj Kumar Makkad
(Expert) 10 February 2013
If you tel the place wherein your case is pending, the desired reference if expert can also be provided to you.
