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Raju Singh (Properieter)     23 July 2012

Contested divorce from wife

I got wedded in 2004 (It was love marriage)

Wife immidiately joined me as i was in service and away from my home. She had never been to my paternal house or to any other relative of mine. Sometimes I asked her, but she was never willing.

I Was less educated than her and after sometimes this issue arose, also she quit her job to join me after marrieage. Then so many indifferences came among us. She had some medical issues and was not able to concieve. she concieved and aborted. In the meantime our relationship became horrible. She had suicidal tendencies, she always eleborated the minor issues, whereas i always avoided those issues. Then my silence became a weapon for her, the situation got worsened. 

we had a baby boy in 2010 Sep, I had calledup her parents for assistence. She kept on behaving in same manner , even in front of parents. She always tried to insult me in front of my friends.

In Dec 2010 she left me and went to her paternal house. The she started abusing me on phone (I have some of the calls recorded). She asked for divorce. I assumed my family life has ended and was living alone.

After 5-6 months of desertion, I came closer to a girl and now we wish to marry.

Now my wife has come to know about our affair and is not agree for divorce.

I am planning for contested divorce and the process in underway. Whereas he has sent some legel notice for DV and Dowry etc. she has included my brother and father co-accused, whereas the duo have never seen her and have never talked to her. she claims that under influence of my relatives i have tortured her for dowry etc........*

Recently she sent a legal notice to my new  (or say lover)..... and her nearest police station and also a copy to my GF's office. claiming that we had a un-social and illicit since a long time and I have purposely left my wife to marry my GF........ * (she has reffered section 494 & 495 through her lawyer.

Me and my GF sometimes talk on her official cell phone, can it be taken as a evidence for bigamy or adultry. She is with her parents (in a different city) and I have not visited her place since more than one year.

 



Learning

 6 Replies

Anish Thakur 7018812737 (advocate)     23 July 2012

  1. dear raju,
  2. there is nothing to worry about ,you can file divorce petition against her taking the ground of cruelity.
  3. although she had filed dowry,498a ,your grounds under cruelity for divorce will remain standby .
  4. she can not sen notice to your gf in any manner this is illegal and against the law.
  5. ask your gf to file counter suit gainst her and her advocate ,complaint to bar council of india and woman protection cell gainst the l;awyer only.
  6. no your phone calls are not sufficient grounds for prooving bigamy.
  7. ask your gf to file defamation suit against her and her lawyer.
  8. i am surprised how can any lawyer sen such illegal and stupid notice to anyone.
  9. for more advise i have to see the copies of plaint and notice\
  10. feel free to call.
1 Like

Raju Singh (Properieter)     23 July 2012

How can we prove mental cruelty...

Anish Thakur 7018812737 (advocate)     23 July 2012

its hard to explain the techanical sides of law in public forms.and difficult to give any advise on half known facts.


(Guest)

Agree with Anish...

Make sure you file both civil and criminal defamation cases.

Raju Singh (Properieter)     24 July 2012

defamation to be filed by my GFs side........

Raju Singh (Properieter)     24 July 2012

I would like to add some more points.

She had two sisters and one brother. Her father has two houses in his name.

Her brother had taken over the one house and other properties and don't care about them...

One of her older sister committed suiced (or was forced to do so)

Now her parents wanted me to shift in their city so that they can have a readymade caretaker. I had tried my best to get shifted in their city (unaware of their plannings).. But was unable to do so.

This also has an impact in our relationship. Her mother used to preach her, that how to get hold of me.

Her parents have visited my place several times and enjoyed their vacations on my hard earned money. Even they had the royalty of travelling by air also (my income didn't supported the visit), but i still managed to keep my wife happy.

when her parents including my wife came to know that i am not of their use, then they planned to get her daughter with them, to support them.

They are enjoying the company of my cute son and supporting daughter now. I was forced to quit my job as she started calling my collegues and Boss and my reputation very bad there.

****** In earlier days I was forced to stay outside my house in so many nights, as she threaned if u stay at home I will commit suicide and U will be in trap...

She was fond of breaking householdgoods, specially mobile phones... including TV, home theatre etc..

**** I am writing these all because today I dont have any one to share my bad days. I am staying alone, my family members have also left me as I dont have a job now..........

PLEASE SUBMIT UR VIEWS ON MY SITUATION... HIRING A GOOD LAWYER WILL BE HARD FOR ME........

IF SOMEONE SUGGEST ME  GOOD AND GENUINE FAMILY LAWYER IN MUMBAI THEN I WILL BE GREATFUL TO THEM..


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