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Ajay P singh (PA)     16 February 2017

Domestic violence on husband

I got married in 2015. In 2016 i went to Australia from job for 1 year with my wife. The girl is not working, she used to do before marriage. When in India, she used to ask money from me, i used to give her some, but nothing as permanent amount per month, as and when she required i used to give her money as per need.

Since the date we were here in Australia, the girl is in hunt of money from me. I used to do all the basic needs like - clothing, shopping, makeups, good food, site visits, phone recharge, etc. Then too she was never happy with me, and used to quarrel for money. She said i want money for my personal needs. I asked what personal needs are there which i cannot know? She used to say just give me 5000 to 10000 every month (fixed amount) and then don't care about me and my living, whatever i can do with that money. I asked then what are you going to do with this money? are you going to send to your family? She said its not your matter, i can do anything with that money.

I had sleepless nights with the same money topic fights. I was not able to concentrate on my work. The things got worse and she started to abuse my mother and father who are there back home in India. For small-small things she used to bring my parents in between and give dirty abusive language for them. Even started to hit me and used to scream a lot in the house.

For my peace purpose, i started to give some amount of money every month, and i told i will continue to spend money on you for your basic needs as normal.

She also got a job there in Australia, ad-hoc basis, which she did for around 2 months. All these are coming from her mother, as many times on phone i had heard her mother telling her things like - take money from him, he is your husband and he has responsibility to give you money.

She went back to India after 9 months of stay in Australia. While going back, she bought many stuffs for her parents and her relatives only. Nothing for my family. 

Now I am here alone and she has made no contacts with me since she has gone to India. She is active on social media, but no communication with me at all. She went to my home in India and forcefully took all the things she had of her from the room we had. She is not even having any talks with my family, her house is in the same city as mine.

I had very bad experience with her, I told her many times, we are here alone with new marriage, our love should go to high places and we can find ourselves more here. But all she wanted is money from me. Even she used to tell me that you are not giving money to me, i will not have baby as well, because then for baby also you wont give any money !!

I am totally fed up with this relationship, as she have no care for me. I want to get rid of the relationship. My parents are old and cannot do anything for my support. When i return what type of case i can file. I got beaten up by her many times, i controlled her somehow. I wanted to bring my parents abroad, but she used to say if they come here i will go back the same date, and said she cannot tolerate them. I got abusive language all times for me and parents. I know this will continue even in my future life.

Below are my queries:

1) What case can i file? And is it safe for me to file in 1st instance or should i have a talk with their family first?
2) For parents safety what can i do to prevent any harm?
3) Even she was in her mother's home all this time, can she still file false DV and dowry case on me?
4) How to avoid false DV or 498(a) against me? 
5) She is not working, can she ask for maintenance, even she is living in her mother's home.
6) Once case is filed may be in ipc-sec-13, can it be converted to ipc-sec-13(b) Mutual Consent Divorce? or a new case for ipc-sec-13(b) will be required to file?
7) How do i prove DV, abuse and hitting on me?
8) Can court give order to mutually live again for say 6 months or so? because i cannot withstand her any more.

Thanks in advance.



Learning

 3 Replies


(Guest)
Originally posted by : Ajay P singh

I got married in 2015. In 2016 i went to Australia from job for 1 year with my wife. The girl is not working, she used to do before marriage. When in India, she used to ask money from me, i used to give her some, but nothing as permanent amount per month, as and when she required i used to give her money as per need.

Since the date we were here in Australia, the girl is in hunt of money from me. I used to do all the basic needs like - clothing, shopping, makeups, good food, site visits, phone recharge, etc. Then too she was never happy with me, and used to quarrel for money. She said i want money for my personal needs. I asked what personal needs are there which i cannot know? She used to say just give me 5000 to 10000 every month (fixed amount) and then don't care about me and my living, whatever i can do with that money. I asked then what are you going to do with this money? are you going to send to your family? She said its not your matter, i can do anything with that money.

I had sleepless nights with the same money topic fights. I was not able to concentrate on my work. The things got worse and she started to abuse my mother and father who are there back home in India. For small-small things she used to bring my parents in between and give dirty abusive language for them. Even started to hit me and used to scream a lot in the house.

For my peace purpose, i started to give some amount of money every month, and i told i will continue to spend money on you for your basic needs as normal.

She also got a job there in Australia, ad-hoc basis, which she did for around 2 months. All these are coming from her mother, as many times on phone i had heard her mother telling her things like - take money from him, he is your husband and he has responsibility to give you money.

She went back to India after 9 months of stay in Australia. While going back, she bought many stuffs for her parents and her relatives only. Nothing for my family. 

Now I am here alone and she has made no contacts with me since she has gone to India. She is active on social media, but no communication with me at all.

So what is itching you now?

She is gone right?  Stay put then.  Stay peaceful!

She went to my home in India and forcefully took all the things she had of her from the room we had.

So what ? Her things she took.. 

She is not even having any talks with my family, her house is in the same city as mine.

I had very bad experience with her, I told her many times, we are here alone with new marriage, our love should go to high places surpriseand we can find ourselves more here. But all she wanted is money from me.laugh Even she used to tell me that you are not giving money to me, i will not have baby as well, because then for baby also you wont give any money !!

yes
I am totally fed up with this relationship,

Where is the relation? frown

 

as she have no care for me.

As if you cared for her, when did you care boss?  Simply throwing money is not caring.  You have to lot of things to show care!

 

 
 

I want to get rid of the relationship.

There is no relationship only what point in getting rid of her?

 

My parents are old and cannot do anything for my support.

You mean to say your parents should take care of you even now!

 
 

When i return what type of case i can file.

Indian Husband can file only divorce case babua, nothing else he can file.

 
 

I got beaten up by her many times, i controlled her somehow. I wanted to bring my parents abroad, but she used to say if they come here i will go back the same date, and said she cannot tolerate them. I got abusive language all times for me and parents. I know this will continue even in my future life.

Below are my queries:

1) What case can i file? And is it safe for me to file in 1st instance or should i have a talk with their family first?

You take permissoin from her, then file divorce !  YOu are layak for that only.  I say you should not have got married at all, nowhere have you behaved as a grown up nor she has behaved maturely.  Yours is ram banai jodi babua.


2) For parents safety what can i do to prevent any harm?

Start collecting money from now only.  You will need it, for alimony, securing ab, securing bail, paying fees to advocate, police.

3) Even she was in her mother's home all this time, can she still file false DV and dowry case on me?

Yes, you are absollutely correct, she can also file rape case on you babbua!!

 

4) How to avoid false DV or 498(a) against me? 

Uska pair pakdo, better, you pair pakdo of her mom ie your sasoomaa.  That will solve most of the problems laugh

 

5) She is not working, can she ask for maintenance, even she is living in her mother's home.

Yes babua yes

 
 

6) Once case is filed may be in ipc-sec-13, can it be converted to ipc-sec-13(b) Mutual Consent Divorce? or a new case for ipc-sec-13(b) will be required to file?

Did she file or you filed?  For MCD you need to file new petition but after withdrawing old petition.

 

7) How do i prove DV, abuse and hitting on me?

Black eye, red belt beating marks on your bum, your head in plaster of paris mould when she tried to break your head, all these medical records yo u need.  But sadly you cant file DV case on her babua!

 

8) Can court give order to mutually live again for say 6 months or so? because i cannot withstand her any more.

Yes, court can give such order babua. 

 

Thanks in advance.

 


(Guest)

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A walk alone (-)     16 February 2017

1) be cool. You have make big issue of small thing. Your money remain with her or you doesnot matter. They are at home. Try reconcile first if possible. if it fails ,try MCD. As you say she only want money, then give her one time alimony and get rid of her forever. Otherwise hire lawyer ask him to file as many case as he can on her and her family. Before she file any case, file it. True or false doesn't matter file it. Might be possible till evidence stage come she comes for MCD. Let her roam court. 2) if she file any case apply AB.3) she can file. But she will file or not this, she or her lawyer can tell. 4) you can't avoid case. If she file case, let her file. Let her roam court and waste money on lawyers with zero result. 5) yes she can ask maintenance. 6) your question is not clear. 7) with medical evidence if you have. 8) court can't force you to live with her. It's your life your decision

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