Harrasment by wife and in-laws, filing of wrong dva against me
vineet
(Querist) 01 March 2015
This query is : Resolved
Briefing the history ---Love marriage in Feb2014, inter-caste, I belong to SC and my wife belongs to Brahmin from Kanpur.She was student and I was teaching in the same college.Marriage solemnized in Delhi, Karol bagh infront of magistrate. Soon after marriage her parents asked us to come to Kanpur for engagement fucntion to show their relatives and after two days dropped their daughter at my brother's place in Delhi (that's where we were staying after marriage) and while leaving threatened my family if anything happens to my daughter i will drag each one of you to court...thereafter we stayed in many places like Chennai (due to my job), Goa(my parents were residing there), finally kerala (current job)..but during all this period her parents gained her confidence that if anyone says anything to you...we are there, dont be afraid and that lead to frequent fights...she was asthmatic but she hided her disease...she gradually started to pick fights for trivial issues...her father for small small things used to abuse my father and other family members and continued threatening us..on one occasion when I could not take it anymore, I finally spoke to him with the same language..two days after that..on 4th December 2014 she left my house from Kerala and till today she or her family member has not tried to maintain any contact with myself or any of my family member.Infact she blocked my number alongwith rest of my family members number...On 5th December missing FIR was registered by Kerala Police...on 29th December I went with my father to her home to sort out the matter but instead we were thrashed badly inside the house (she was present there), she didnt say anything to her own family to not do such thing..when we reached highway in taxi our car was stopped and again we were thrashed and abused and showed us revolver to not to be seen ever in Kanpur..Fearing our safety we left the place and next day sent the complaint through fax and registered post to SSP Kanpur and Kidwai nagar police station alongwith her missing FIR Copy...Now she spoke to me once on our first anniversary which was on 25th January and messaged me she will come back and need some time, when i told her I will die if you will not unblock my number...she instead of talking to me on phone preferred communicating with me through smses and one sms read I love you and Ia am sorry...next day I was admitted in hospital and I called from Hospital number, even the doctor spoke to her ..and on knowing she said wait I will come back no one is at home..just after 10 minutes..she switched of her number and till date has never shown any consideration for my health...again on 28th my health deteriorated and I had to visit hospital in emergency in Kerala ...finally I went back to Goa to continue with the treatment..I wots apped her all my medical reports and photograph of my self in hospital...next day she posted a smiling pic of her...Her friend told me she is not bothered at all about you...now I have received the notice of DVA, 2005 section 13(1)and section 12 to appear in court in March..my question is even though I am government employee but my job is at high risk due to so many leaves...if she didn't want to stay with me then why has she filed such case against me...how can I defend it and not pay her any maintenance...how can i get my FIR registered about the physical assault now...Can I also file prevention of atrocities act against her father ..which is the main reason of all this..please suggest as I am being mentally harassed...she is posting happy looking display pictures of self on FB on what's app to irritate me further...Why is such law only for women...she has dragged all my family members name...whenever I think of my marriage and her behavior it seems like a dream and brings tears in my eyes for my current suffering..
Kappil Cchandna
(Expert) 01 March 2015
Dear,
Don't worry you have the right to file the divorce on the ground of cruelty or appear before the court through a local counsel and tell the court that you are still ready to have her back but she is not willing to come and all .... Or settle the matter and take mutual consent divorce....
Kapil Chandna Adv 9899011450
R.K Nanda
(Expert) 01 March 2015
query too long.
Rajendra K Goyal
(Expert) 02 March 2015
If she do not want to remain with you try for an amicable settlement and move forward in the life. If you are serving and she is unemployed, maintenance has to be paid.
Otherwise defend the cases on merit.
vineet
(Querist) 02 March 2015
Dear All,
I am on the verge of losing my job..and I really don't know how I am i going to pay the maintenance.. I had just joined govt. institute in September and was on probation period...Now institute is saying since students are suffering because of your frequent leaves, we are in the process of terminating you as an assistant professor...
Moreover since I am in Kerala , going to Kanpur takes a toll on my leaves and money...Kindly suggest how what exactly merit means in Law language...I seriously need help since I have the risk of life also by going to Kanpur
vineet
(Querist) 02 March 2015
Further query answers needed
malipeddi jaggarao
(Expert) 02 March 2015
They want to get rid of you from her life. You be prepared for it.Try for MCD.
You have already filed complaint against her father. Ask the concerned police to register FIR under Atrocities against SC/ST. The best way is to try for MCD.
vineet
(Querist) 03 March 2015
Dear All,
I appreciate your valuable comments, however I further have few questions...if I managed to file FIR against my father-in-law, can i get the case transferred to some where else as I am concerned about the safety of self and family members, They will definitely instigate me in court to fight with them, how can i get some protection from Police.
I am again asking the same question as I am on the verge of losing job, how I am i going to pay maintenance.
Though I am ready to keep her back but what is she insists on staying in Kanpur.
As per Kerala police record she is still missing.
how much support will her smses provide which she sent on jan 25th stating I am sorry and i love you and all
vineet
(Querist) 03 March 2015
Dear All,
I appreciate your valuable comments, however I further have few questions...if I managed to file FIR against my father-in-law, can i get the case transferred to some where else as I am concerned about the safety of self and family members, They will definitely instigate me in court to fight with them, how can i get some protection from Police.
I am again asking the same question as I am on the verge of losing job, how I am i going to pay maintenance.
Though I am ready to keep her back but what is she insists on staying in Kanpur.
As per Kerala police record she is still missing.
how much support will her smses provide which she sent on jan 25th stating I am sorry and i love you and all
Devajyoti Barman
(Expert) 03 March 2015
Transfer of case does not depend merely on your apprehension of safety. if your case has merit then FIR may be registered but the case is unlikely to be transferred.
Your loosing of job is no ground to avoid maintenance.
Guest
(Expert) 03 March 2015
Advised well.
T. Kalaiselvan, Advocate
(Expert) 04 March 2015
You cannot hold the unwilling wife with you for a very long time. You may have to challenge her cases against you with the help of evidences in your side. Take the advise of your lawyer on further issues.
vineet
(Querist) 05 March 2015
Well ...see I am a novice to law but is the law so harsh that only husband should suffer?
Stating again last month twice I was admitted in hospital and she didnt even called once to know the status of my health, still when she is not behaving like a wife I am supposed to pay maintenance.
Already I dont have a huge bank balance, how can I pay her alimony when I am struggling to meet my own needs.
Which means , these must have been the reason of previous suicides before SC order of no immediate arrest on DVA cases, still law is biased.
Now as per her complaint which I have managed to get, she has stated my dad spent 10 lacs for engagement and has given gold worth 5 lacs plus she has demanded 50000 maintenance per month!!!!
first our marriage had already happened in court on feb 7th but they insisted we come to Kanpur to show their relatives that our daughter is engaged and will subsequently marry
Gold!!??...right from day 1 of our marriage we had been staying together and were surviving on my sole income, we married on our own will in arya samaj and further got it registered, now they are harrasing, like-wise they have prepared report of 17 pages in which maximum is lies.
And when I have threat to my life still court would risk my life and my family members life???
This is serious mental harassment by our Indian Law
An
Devajyoti Barman
(Expert) 07 March 2015
File suit for divorce than making grumblings. It will not solve your problem.
Guest
(Expert) 07 March 2015
Facing the situation boldly is the only recorse for you.
