Termination
JAYWANT UBALE
(Querist) 17 December 2013
This query is : Resolved
I, Jaywant Baburao Ubale aged 40 years, Occupation – Service, residing at 3 Mah Bn NCC, 3rd floor, NCC Building, Old Secretary Compound, Mumbai Mobile no 8080898240 quotes my reply in the Police Station:-
I the above mentioned residing as above since 05 May 2010. I am serving as an Weapon Instructor in Indian Army. I got married on 03 Apr 2005 with Ms Ujjwala Nagaraj Umale residing at Savarkar Nagar at Aai Mata Hall, Savarkar nagar, Thane as per Hindu & Buddhist rites. After marriage I lived with my wife, mother, sister at 404, Dattatray Apartment, Lokmanya nagar No 3, Thane (W) 400 606. I was posted in Binaguri (WB) and on termination of my said leave I reported back to my Unit after 10 days of my marriage. She treated rigorously and mischievously with my mother, sister and even me (on leave) which created differences between us. I got posted to OTA, Kamptee as an Weapon Instructor and was allotted family accommodation. In the month of Feb 2006 I brought her to OTA and in the month of April 06 she was confirmed pregnant and her treatment at MH Kamptee started. On 15 N0v 2013 in her 9th month of pregnancy her brother took her by Jet airways flight to Mumbai and because of this journey her placenta slipped down and winded up neck of the foetal due to which she had cesrin and the baby girl born turned critical and was admitted and treated at Soham Hospital immediately after birth. After discharge the paediatrician advised me to keep the baby girl under his surveillance for the next six months. I reported back to my OTA on 06/01/2007 and gave best instructions to my wife to take care of the child. She failed to do so and in the meanwhile she started torturing me and my family members by scaring us that she would file case against all of us vide CRPC 498 for demand of dowry. She voluntarily started living with my in laws without any information/permission. I applied for protection of serving soldiers family to Police Commissioner, Mumbai, Senior PI Vartak Nagar PS, Hon’ble Home Minister. On 31/07/2007 we both were summoned by Vartak Nagar PS but she did not agree to sign any kind of compromise and the differences between both of us again raised and I reported back to OTA handing over her our child. In the moth of Sep 2007 it was declared that the kid was infected by cancer and was admitted by me at Tata Memorial Hospital, Mumbai where she got expired on 12/10/2007. My wife purposely failed to attend our daughter’s funeral. After that I issued her notice for divorce through my Advocate, she failed to reply hence in year 2008 I filed an divorce petition in the Civil & Session Court, Thane vide case no MP 35/2008 (further revised no A 331/2010) and its still in process. After that she filed case against me & my family members for seeking dowry.
In between she applied for maintenance vide CRPC 125 case no E 304/2010 and I started paying voluntarily Rs 2500/- pm. On 04/02/2010 we both signed consent of terms for divorce under mutual understanding and signed it happily but later on after few days due to her mischievous behaviour she applied to withdraw the same and even filed case against Domestic Violence Act against me and my family members which is under process. She repeatedly reported to my various Senior Officers with false allegations that I have remarried and that I have given birth to an male child and tried to spoil my image in front of my Senior Officials and society.
After that I got introduced with Sneha Chudamani Survase who said me that she was 03 months pregnant and her boyfriend deserted and had not come back and she wants a house, I agreed to sale my house to her and sold her my house for Rs 10 lakhs and necessary papers were made on 05/02/2012 and she occupied that house, she further said that there is no one behind her and do not want the forthcoming to
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take birth without having name of his father. So if I can help her. I assured her that I will give my name to the forthcoming child; hence on 26/03/2012 I accompanied with her at Maher Maternity Hospital, Thane and completed the formalities. I signed on behalf of her husband but actually we both don’t have sexual or any kind of relationship. My wife has made an issue of this social service made on humanitarian grounds and is trying to spoil my image alleging both of us.
Now the Army authorities have taken up my case for termination to senior most superior authorities. What can be the decision and the actions I can take
ajay sethi
(Expert) 17 December 2013
the fact that your name is in birth certificate as father indicates that you are father of child . since you had a relation ship with another lady and had a child authorities may terminate your services .
get DNA test done to prove you are not ffather of child . ask Sneha to give an affidavit that you are not father of child and had no sexual relations with her . sale of house was for consideration . enclose the documentary evidence of payment received by you
JAYWANT UBALE
(Querist) 17 December 2013
Sir,
Sneha and myelf both have admitted separately in writing to the concerned PS that we both don't have any kind of sexual or other relationship and same was submitted in the Thane Session Court.
Secondly, necessary papers and receipts for sale of the house had being submitted & accepted. I don't know her where about as we both don't reside together. After sale of the house she started living there and I went to stay in the Army Barracks at Colaba, Mumbai
ajay sethi
(Expert) 17 December 2013
Dna test is conclusive evidence . get it done
R.K Nanda
(Expert) 17 December 2013
query too long to reply.
JAYWANT UBALE
(Querist) 17 December 2013
As quoted above, I am totally unknown about her where about, she was not traceable at the address mentioned above when summons were issued to her through my wife, how can I go for DNA. Secondly plural marriage is not proved in any way,still if they go for termination, convey further steps at my if terminated to recover my benefits
T. Kalaiselvan, Advocate
(Expert) 17 December 2013
You have stated that you have sold your house to her, whether she is living there are or not?, the sale deed documents will be an evidence to prove that your relationship with her is restricted to Vendor and buyer alone. Whether the Army authorities have acted just based on your wife's complaint alone or any inquiry against you?, You can narrate in an affidavit the incidences that took place in the past chronologically which may draw the attention of the Army authorities (this should include the death of your child due to cancer etc),the army authorities will not take decision to terminate your services without a court martial (in case you are an uniformed personnel)but if the court martial has not considered your pleadings, you may approach civil court for proper relief thereafter.
