Dr Avdhesh Kumar (Professor) 12 April 2014

Advice

to babitatyagi77

Dear Friend,

I am writing to you for your good guidance on my some family matters such as 125 CrPC, PWADVA, 498A/406 IPC, 4 DVAct.

I want your kind cooperation and guidance in my cases related to above mentioned sections of Acts for which I have to summarize some facts as follows:-

1. That my marriage was solemnized on 2nd October 1998 from Delhi, my parents were/ are living in UP. She got abortion without my consent just after 2monts of marriage.

2. That after marriage my wife never lived with me on rent in Delhi or with parents. She is working as TGT in NCT of Delhi Government. I have been working as Assistant Professor in GBPUA&T, Pantnagar (Uttarakhand) since 25 December 1999.

3. That She and her parents and relatives always interfered in my family matters and pressurized me to purchase a house/flat to her in Delhi.

4. That a daughter was born on 5 December 1999 and a son was born on 11 April 2002.

5. That a LIG flat was purchased by the name of her with my assistance and loan from Corporation bank.

6. That in the year 2004 she made a complaint before to CAW Cell, Seelampur, Delhi that issued the summon to appear before her, but I gave a reply then the inquiry was done by Uttarakhand Police. That time in 2004 no any case U/s 498A/406 IPc , 4 DP Act of ill treatment/ Dowry harassment was filed.

7. That She has also filed a case U/s 125 CrPC before the MM Court Ms. Rubi Alka Gupta, who ordered Rs. 1000/ month per child, but my wife has made compromise. Due to the future of both the kids I had no objection and agreed to her compromise.

8. That from the Feb 2006 to July 2011 my wife started to live on rent in Yamuna Vihar Delhi where she id working and kids were studying. She has changed 4 houses in 5 years.

9. That she made pressure to me with the help to her mother, brother and relatives to purchase another flat in Delhi to her name.

10. That I was agree to purchase another flat but after selling out old plot and flat fort that my wife was not agree. Even then an agreement was made on 4Nov 2010 by her name and applied to loan but loan was sanctioned to her, then again second agreement was made by her name on 1 Jan 2011 and applied to loan from LIC housing Delhi supported by me but loan was not sanctioned, then a 3rd agreement was made by mutual name both of us and a joint account was poend in the Punjab and Sindh Bank Delhi.

11. That my was not happy for joint property to me she has threatened me and my family either to purchase said flat by her name or she will made false complaints against me and my family members to consequence desire with the help of her mother, brother, uncle and relatives.

12. That she again made a false complaint to CAW Cell, Nandnagari, Delhi that called me through summon, I replied to CAW Cell twice mentioning old case pending and compromised in 125 CrPC.

13. That she has also filed again a case U/s 125 CrPC before the MM Savity in the Karkardooma court, she made interim ordered to pay Rs. 10000/ (ten thousand) per month per child.

14. That a false case of Dowry harassment U/s 498A/406 IPC and 4 DP Act was registered by PS Zafarbad, Delhi and under DV Act.

15. That now matter is fixed for 08-05-2014 for framing the charges in the Dowry harassment .

These some are gist therefore you r requested pls help me in the matters whether the 125 CrPC can be filed or not again against me when it was compromised in 2004 and also the cases of DV and Dowry harassment can be filed by CAW Cell where the same was not filed in 2004?

Your faithfully Dr. Avdhesh Kumar

GBPUA&T, Pantnagar
+919411160102, +917417234129

Reply Follow

2 Replies

Sudhir Kumar, Advocate (Advocate) 01 May 2014

you cannot be transferred to Delhi and she cannot be transferred to Pantnagar. Mere acceptance of marriage proposal by both of you was without intention of cohabitation.

Now it is in your interest (which I rarely advise) to find way for easy exit. which does not seem so easy now.

Any way you can try trail by moving high court.

(Guest)

The cases u/s 498A and DV etc. can be filled now also. You never fought your case on the first instance and compromised the matter with her probably to save your family which did not worked out.

Thanks,

Sunishchai Sachar

9711259959

9811576667