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Karan Sharma (marketing exec)     14 July 2012

Advice

hello everyone

I  met my wife through online matrimony site in july 2007,we begin interacting and started to know each other, we both agreed that since she is d only child, after marriage her parents will live with us in delhi where i work along with my parents as one big family, i later found out that my wife is adopted but i still maintained that i am willing to take their responsibility like my own parents. In Jan 2008 my father was diagonsed with cancer and i had to leave my job and return to my hometown, during this time my wife provided huge moral support, during my father's treatment i talked to her parents and since they wanted the marriage asap, we got engaged in Aug 2008 ,just a month after my grandmother's death and a day before my father has to undergo chemotheraphy, we agreed for it since her parents are old and wanted to settle things inspite of such trying times for my family. Our marriage was fixed for feb 2009. I rejoined a media house in Aug 2008 in bhopal and asked my wife if she is willing to relocate from chennai to bhopal rather then delhi as it was d time of resession but she refused as bhopal is a small town. In Jan 2009 her mother was hospitalised and i rushed from bhopal to be with my wife,stayed their for 15 days and came back early feb just 2 weeks before marriage, i was sacked from my job bcoz of this. we got married in feb with our family goin to chennai to solmenise it. My wife didnt wanted to come with my family as i was told tht she needed to make payments of the marriage, which i later found out was not the case, finally we left a day after my family and relatives had left for the reception at my home town. during her stay my wife treated my family very badly and finally i had to leave my family  in tears to come back and tend to her mother who had called up saying she is not well..i stayed in chennai for 2 months. My father had a relapse and  i had to come back to my home town to attend him as the cancer was terminal. during his treatment in delhi my wife visited for a week , she went back and after few days she gave me news that she is expecting and i sud come and stay with her, i told her tht since my father is critically ill i am unable to do so instead i asked her to come and stay with me so that i can also take care of her but she refused, later her mother called and abused me, my father asked her to come during diwali but she refused all the while using very foul language with me, i went to chennai twice in november and december to talk to her doc as i was told she was instructed not to travel , which her doc denied when i met him, after comin back my dad passed away two weeks later.she came and went back after 13 days citing her mother inspite of all of us wanted her to stay. i moved back to delhi in feb along with my mother and unmarried sister both of whome were under depression coz of events. Since i couldnt hv left them in delhi all alone i decided to take them to chennai since my wife was in 7th month and i wanted to take care of her. as we reached chennai my mother in law started behaving very badly with my mother and sister and along with my wife started treating them very badly but we stayed as wanted to b their when our baby comes, but finally things came to such a pass that i had to leave along with my family at midnight,spent the night at the airport and came back to delhi, i went back to chennai and stayed at a hotel close to my wife's house and told her that i'll come as she needs me, i movdto her house after she said sorry to my mother on phone and also as the time was appraoching i wanted to b with her, finaly we were blessed with a healthy boy in april. i stayed at her house to b with my child and wife all the while having food outside. i left chennai in may and my wife told me she will b comin to delhi by monthend as the baby was still very young, she den refused to come at all saying she wont live with my family, i keep on askin her to come as my family has not seen my baby, i also agreed to get her a seperate house as she had wanted but she later refused to that too, in all these time with my son now turned 2yrs i have only been able to visit just thrice as i regularly send her money and its financially very draining with my bare income, i send my son clothes and toys but hvnt recieved a single picture of him inspite of asking numerous times. as things stand my family has still not seen my baby in flesh as my wife didnt even came for my sister's marriage. all these things have affected me very badly and as a result i am suffering from diabities and bp, during all the interaction my wife use extreamly foul langauge and also her mother..i hv not able to talk to my son since last november..they have named him without my consent and also had his mundan ceremony in my absence,

i need advice on what to do from fellow friends as its very difficult to live away from my son, i am still willin to forget everything and live with my wife for my son's sake, but i cant leave my old mother and shift to chennai at her place looking after her parents as i hv a job in media in delhi with no scope of job in chennai in my field coz of language.

thanks

karan



 5 Replies

SRISHAILA.DHARANI (Advocate&consultant)     14 July 2012

File an application in chennai court , under gauardianship act,for visiting and also possibly to take custody of your son, periodically, since your child is under tender age, the court will not give custody permanently.You can give the reason to the court, for custody of your child,that your wife is not able to care of your child financially as she is not having money.and you are earning.

srishaila,advocate,bangalore,sdharani120@gmail.com,09741425514

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     14 July 2012

1. File a case for visitation rights of your child under the Guardians and Wards Act.

2. Take a call as to where your marriage is going with all this ? 

3. Be prepared and on guard as to the flurry of cases your wife might file against you. 

 

Feel free to talk !

 

Read the following article : 

 

 

How to fight a false 498A? A common husband’s guide:

 

"For men in India marriage is a lottery but you can’t tear up your ticket even if you lose” and it’s not just you who would have to live with the lost lottery but your entire family may have to suffer at the hands of a system so grossly skewed in favour of women.

 

Marriages may fall apart for a lot of reasons, temperamental issues, compatibility problems, but does that make you an offender in the eyes of law? Yes it does, your estranged wife in order to have her way in arm-twisting you may implicate you and your family in end number of false cases, 498A being the foremost.

 

498A penalizes cruelty for dowry, almost always comes along with S.406 Allegations which basically penalize the criminal breach of trust, when your wife’s articles are entrusted to you and you fail to return them back – misappropriate them or convert them to own use – you are criminally liable !. By aid of S.34 of the Indian Penal Code – your family/relatives can be held liable for the same if they share the common intention with you.

 

Now if you think that you have a wife who can potentially do this for money or the kicks that her ego gets out of the same or pure vengeance then you are my friend in a vulnerable situation, but there is a silver lining to this, there are legal strategies that may help minimize, if not completely rule out, the damage or mischief that may occur to you.

 

Being a Supreme Court Advocate and a Men's Rights Activist I speak from experience, the following things may(if done correctly) help in a lot of cases :-

 

1. Insist on a dowry-less marriage - Preparing of list of articles received at the time of marriage, countersigned by both the families, would help rule out exaggerated claims later !

 

2. Digging the well before the fire starts; when trouble starts at home you apprise all concerned of the problems that you are facing, not for the purposes of any action but information;

 

If you see things going awry in near future, then it would be good idea to seperate from parents to a rented house with sufficient public notices;

 

3. As per the prevailing law atleast here in Delhi, if your wife approaches a Police Station with her complaint, she is to be forwarded CAW CELL instituted to try and reconcile and investigate and act as buffers so that penal actions are not initiated right away. Once the matter goes to CAW Cell – apply for an anticipatory bail , you are sure to get notice bail atleast – this would help in two ways :-

 

a) Give you greater confidence, level playing field in the CAW Cell talks;

 

b) Prevent any hasty arrest on failure of conciliation;

 

All in all nothing to lose in this and in this step 1. Would help a great deal.

 

4. Seek a copy of complaint via RTI ASAP, since they deny at the first instance you’d have to appeal there from which may take some time. There are CIC Decisions that would help you here.

 

5. In the event of an FIR being registered apply for AB again, and quashing of FIR (not always depends on the kind of allegations leveled)

 

6. Filing Restitution of Conjugal Rights (case that you want her back) may help in some cases, but not in all. Sometimes it helps in defending maintenance cases, and showing your bona fides.

 

7. Keep a check on your wife’s finances. Would come handy defending maintenance cases.

 

8. Prosecution (S.340 CrpC) for perjury in cases of false & exaggerated claims in maintenance petitions.

 

9. Tax Evasion Petitions once you get the List of Istridhan may also help put pressure.

 

10. Dowry Prohibition Act – penalizes giving of dowry so in case there is a clear admission of DOWRY (not Istridhan) then in that case your in laws are also liable to be prosecuted. Think on these lines !

 

11. With a marital property law on the anvil, don't buy property in your name, much less jointly with spouse.

 

The above may go a great deal helping you defend correctly, my advise would be to stand your ground, don’t give in to their extortionate tactics, once you’d get an AB the worst would already be over and after that the judicial system with it’s endemic delays won’t treat your wife differently, sooner or later she would realize that frivolous litigation doesn’t pay !

 

The Author is a Supreme Court Advocate, and a Mens Rights Activist and can be reached at bharat.law06@gmail.com

Yogesh Ghatge (Manager)     14 July 2012

hi!!

there is one of my friend who is engaged with a women 

who is already married nd tht guy wnt to marry with that 

women but some certain reason they cant get married

her husband is nt giving her divorce thn also they wnt to get married

so can u advice me how should they get married without the divorce

dr.pawan rajyan (member and secretory)     14 July 2012

follow as advised by adv.chugh. what do you what from such marriage? decide and act  accorgingly..

Manoj Kumar Jain (Chemist)     14 July 2012

sir my brother is having a problem with his wife and her family members aare threatning us and because of this my brother file a writ in family court but now he wants to withdraw that writ so tell me if it is possible and what is the processor of this my email id is 20aug200@gmail.com

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