False cases please help


Dear Experts

I got married in 2007. After couple of months I went to overseas. My plan was to bring my wife overseas after 6 months of my departure. But she got pregnant and could not come. I applied for Passports for both mother and daughter during my visit to India after one year. We got registered our marriage that time. But my wife's behaviour was rude and uncooperative since day 1. First i thought we didn't get enough time to know each other may be thats why she is bit quiet. she refused to come with me to overseas by saying; the child is not ready to travel abroad. when i came second time her behaviour was bit weird. No affection, care or anything. like she is living for herself only. She didn't allow me to touch her mobile even. while i was there for only 20 days so i bought new Sim card. i was bit surprised with her rude behaviour. Its 2 years has been past since we got married but she never called me or talk about anything. Till that time she was staying in my house. Then i forced her to go through some computer course or something to upgrade her skills to get benefit overseas. she took money from my father and went for computer course in 2009 and never came back.

Because of her rude behaviour i decide not to call her and waited for her call. but she never called even. After 2 and half years wait i called her in 2011. She was abusing and her family said come and talk to us. I sent my parents to ask is anything wrong there. They misbehaved and abused my parents and they came back empty handed with lot of disappointment and questions. 

Then they filed 3 cases against us. 1. 498a 2. Domestic Violence 3. Maintenance

According to her statement i burnt her with my parents in Nov 2009, while i was overseas that time as my mother as well. like this she gave so many false statements. She ruined the family,future of daughter. I was quiet in a hope she would understand what she is doing but I cant wait anymore. As cases reached to hearing and even upto bails. 

This stress is affecting my job and health. My parents are under stress every time. what can i do as everybody is saying that all laws are in favour of women. Doesn't matter its true or false. I am very disappointed. Dont know what to do. I have all proves that her all claims are false.

sorry i wrote too much to explain but really need help. Thanks

 
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Freedom

Dony worry you are not the first person facing false domestic violence cases . Now the only option for you is to contest these cases . 

1. For Domestic violence to take place you would have to be in country and as per your statment you were not even in the country which can be proved from your entry and exit immigration stamps on your passport . For the Physcial violence that has taken place you can always ask for a medico legal certificate since when violence takes place a FIR has to be registered and the doctor has to report the case to the nearest police station which i dont think so has happened as these are false fabricated complaints .

2. When it comes to evidence and examination stage her cases will fall apart .

3. As for maintanence if your wife is qualified and is working and drawing a sufficient amount for a living she would not get maintanence . But for the child you would have to contribute your share for maintanence . 

4. Concentrate on your job and retain the same as you have to have a source of income to fight these case . 

 


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Thanks Stanley. I am very disappointed with the laws. I never said anything wrong to her or argue and she is blaming like that. my parents are not much educated so get nervous very easy. they dont have that much knowledge to take advice or work smartly. My wife is taking advantage of our innocent nature. i m trying to manage myself but don't know what to do because they just put next date without hearing. and its very hard for me to come again and again to India. Other party just want to harass so they are happy to postpone the hearing. whenever i come for hearing they dont showup so judge gives another date after 2 months. im really sick of this stupid cases stress. can i do something to make it faster or fruitful in my every visit to India.

please suggest

 
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Independent practice

Sir, Your case is very simple – nothing to worry. Please file a Complaint under the Mental health Act, in the Magistrate Court of your area, narrating all the facts. The Magistrate will examine her conduct and decide about whether she is mental/ mad and send her to Hospital for treatments. Do not tell any lies, including about your provocations caused if any, reason is, even Magistrate might have came across persons like this and got provoked. Only when the things did not move as per human conduct, despite your reaction to their provocation, their mental illness can be presumed. Thus anything you write cannot be used against you in Dowry harassment case. Otherwise, simply defending dowry harassment case on the principle of let the Police prove it’s case is time waste for both of you. Bye. Ramanathan.G Ramanathan2108@gmail.com 23-8-2013 at 11.25 pm.

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NIL

@harry,

Sorry to know about your case.

I understand how difficult for you to concentrate on the abroad while you face such false cases. I had gone through such stress and pain and ultimately had to resign my job. If you have not done any wrong, dont worry.. she can only file cases but cannot get judgement in her favour. 

Wives who know about the gender biased laws take due advantage to extract money from husband especially NRIs and those who are employed abroad.

If you have people to support you morally and legally, don't step back... teach your wife a good lesson!

 

all the best

 


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Thank you very much Ramanathan G and Nandha. I am unemployed since 3 months because of this stress. Because i was manager ; people could see depression on my face. so i left my job. was struggling to manage the situation. I am person of above average category. I always used to be on top in school,university, at work. I am not worry about job as i have potential to grab manager position again but my condition doesn't allow me to do anything. i cant stand anymore under stress. I am consulting psychologist as well. But I have positive attitude. Can't tell my situation to my parents or anyone. I have good couple of well wishers here who are supporting me mentally and emotionally. 

The good thing is yesterday they didn't show up again in Maintenance case hearing. My family waited for them from 10am to 3pm as per courts suggestion. They didn't come so judge dismissed the case. Im so happy. feeling better now. looking forward to applying new jobs from Monday. I  didn't do anything wrong but still facing that much stress unnecessarily. makes me sad. once everything get settle i can rise up again. 

just wondering as Maintenance case has been dismissed what abt 498a and DV. while both are completely false i have proof of everything. My friends says teach her a lesson so people should think twice before going for false case. how can i teach her a lesson?

My lawyer is very a polite man as well. should i look for a b*st*rd lawyer. or just leave it. as God is helping me now.

Thanks

 
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NIL

@harry,

 

first come out of 498A & DV cases.. later on think how you could teach her lesson. Anyway, even if you teach a lesson nothing is going to affect such a characterless woman. It will be only a legal and financial burden for you.  Move on and live a new life. 

 

MY personal advice would be not to take any revenge through courts. But, let her know what are the cases you can file against her.  Do not change your lawyer at this stage.  Have some patience. 

 

If you are not that much old, wait for few years & see.. She would slowly realize that she's has cheated herself, has become unwanted, unloved and an awkward creature in the society.   

 

 

 

 

 


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Independent practice

Reply TO LCI Sir, Please do not misunderstand your Advocate. Unless he is polite, he cannot have a sound sleep. From the word Polite, what you meant is, he do not want to file cases against your wife. I too must have done the same. You have a daughter, and any demand for “revenge” will result in orphaning her. You should have only the aim of survival of the marriage. Just because one case is dismissed in default, please do not celebrate. She can apply for “restoration”, and the case will continue. The point is about your life. My question is the life of your and your daughter. You did not write anything about anticipatory bail obtained by yourself and your family, amount spend in it, whether bribe was paid to the Public Prosecutor to keep silence during Bail Applications etc. Without all those details, it is difficult to know the “Pulse” of your wife, her parents and their Advocate, and your Advocate. To repeat about your advocate, please note, the Advocate and Doctor can convert own party/ patient into “Basmam”/ Ash. If he is not willing to file cases against your wife and her family, he is preventing expenses to you. Even the murder accused get relieved after few weeks in jail, then you think about your present opponents. ABOUT YOUR JOB:- you did not say you are at your home town. Good that you are without work now. It is like a Long Non-pay leave, to settle your family life. Please come back to your home town immediately. File a case under the Mental health Act, in the Magistrate Court, normally the same Court where the Maintenance, Domestic Violence, Cruelty 498A case etc are pending. Select the Magistrate of the area where your wife is residing and not your area. Write all the truth. Surely the Magistrate will be able to help you. Your consulting Psychologist is good. However, my experience is, to avoid stress, I do not tell lies and I do not permit liars to come near me. Once you are down-to-earth truth speaker, (usual exception of telling a lie to save face of a friend, to prevent a useless quarrel etc), you will have a peaceful life in long run. The last word of every argument will be this: “if I tell lie, I cannot remember that everytime, in future do not participate me in any of your lies”. Another technique to prevent Stress is, do not be Bully, and throw out all the Bullys from your friend circle. ABOUT YOUR FAMILY:- Normally a girl will come to your family and life to live there till her death. However your parents, siblings, neighbour etc some one may be there who is telling a lot of lies, bullying etc to your wife, which prevents her from entering your house. At the same time, there are a lot of other rules about Do not show Harami/ Namak-harami nature, Do not do anything by which the son will be separated from his parents, Tolerate like an Earth, Always obey your elders etc. Only with tough scrutiny of your each and every parental house people, it will be known who had “repelled” her as if she is a mosquito. Same analysis will be necessary about her parents and others, to find out whether anyone came to your parents house, to create unnecessary prestige issues etc. All these things will be discussed before a Psychiatrist and not a Magistrate. Thus petition under the Mental Health Act will help you to find truth. You can give a print out of this and previous advice, to your advocate and it can be enclosed in the Application to be filed. (Note: due to shortage of time, this letter is not read again to correct grammar and spelling mistakes). Ramanathan.G Advocate (D-1282/2000) 26-8-2013 at 5.45 pm.

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You are absolutely right Nandha Ji. I want to concentrate to make my life. I have no intention to hurt her or give her any lose. I just want to finish this chapter and move on. I was ready to bring her back but this stage i realise its very hard to spend whole life with a person like that. I can forget everything happened in past, but don't think we can live together happily. I am happy to bring my daughter with me or leave with my wife, wherever is best for her future.

@Ramanathan Ji. sorry sir i lost my password to login. thats why could't reply since 2 days.First of all i'd like to thank heaps to you and Nandha Ji to help me this time. I am feeling lucky that someone is there beside me to give a good advise. I really appreciate.

My lawyer told me now that the dismissed case was DV not maintenance. I have next court hearing for 498a,406 in month of October. I want to attend that before it goes worse against me because of my absence. At present im abroad but going to India for one month. My parents got anticipatory bail but i didn't get summons as they sent to my Indian address and i was not there. I heard they are planning to send it to overseas. 

"From the word Polite, what you meant is, he do not want to file cases against your wife." yes thats what i mean to use word polite. means he is not aggressive like their lawyer.

Just wondering Sir is it safe to travel india in this situation? I am Citizen of Australia. 

(don't worry abt grammer and stuff even im writing in a flow without sentence formation or correct grammer)

Thanks

 
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Independent practice

To:- Bijender, Austraila. Phone: 0061451439001. "bsa_bsa882000" From the following letter you can find the words:- "Just wondering Sir is it safe to travel india in this situation? I am Citizen of Australia". Bijender, this person is not known to me, also he is not going to pay any fees to me. I got him from LCI Website, in which i volunteered to answer his question. With your Delhi Police Experiance, you may be able to help and reassure him. I hope and pray, i am not troubling you with this letter. Bye. Ramanathan.G 12.05 pm of 27-8-2013
 
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