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Big Iron (Officer)     20 March 2012

Need advise - pwdva delhi

Hi all,

 

 

I need suggestion. Story in brief:

Wife filed PWDVA. MM ordered interim as 3K, even though husband had accepted he is earning 60K per month.

 

Now wife has filed appeal in sessions for raise in interim. Honorable ASJ is trying to convince husband to take her back but husband is asking her to provide her call details and she is refusing all the time. FYI wife is MSc and MBA.

 

Now my question is, will denying to take her back by husband will be taken as bad. I mean Honorable ASJ is saying she will not do any wrong and will not go anywhere without informing husband etc. How to handle this?? 

 

Regards,



Learning

 11 Replies

Tajobsindia (Senior Partner )     20 March 2012

@ Author

Facts are mixed up before us and in a way it is a nice summerised way to bring several facts of a case too
J  


Remedy:
1.
Ask wife to give statement under Oath and take her back.
Reasoning: DV Act is tricky provision
A cat has nine lives
, and a woman has nine cats' lives. Now who is going to be who in this interesting summarized query is an interesting outcome.

1 Like

kashish (pa)     20 March 2012

Dear Sir,

i am 26 years old woman, at the time of my marriage  My story is like … we have arrange marriage,

 

At our first meetimg i have told to my husband that i want to work and want to study, only this was my condition or question to my husband at that time marriage, all this was accepted by him
and then i said yes for marriage.

after marriage my in-laws started torturing me, even from day one, for dowry.

 My mother in law demanded money and my husband was standing their but saying nothing, we
three were at home that time, after, I told this to my parents.

They abuse me or call my parents even if I left my towel in the bathroom.

I talk to my husband about all this and told him to stop and do something regarding all problems he started shouting… even he broke my cell phone.. I was crying with this behaviour and said to him pls stop shouting.., otherwise I will not talk to you and put my dupata over my mount and was crying.. my mother in law gone to peoples home that he tried/tying to commit suside..

When I asked them why will I try to commit suside I am earning and taking care of myself.. again then there was no answer.

 

In between above I got to know that I am pregmemt, they started more toucherimg me, my mother in law want our divorce and again remarry my husband to a rich girl for dowry.

 

As my husband is a mumma’s boy, he beated me this time I tried to call police as well as my parents they forcefully locked me in a room and they called my parents and told if she will not go with you to kuch bhi ho sakta hai, my parents don’t want to see disturb at that time, they took me at my parental home. After birth of my child they again started call from sources not directly that you have to leave job only then they will allow me and my baby to their home.

 

I refused to leave my job as from date of my marriage till today my husband has given me a single penny, for me and my baby also.

 

****************************

From Now from march, 11, we are (me and my husband) stayed in a rented house within a week

he left our again and his shart for return was .. I have to give certin things to him in writing otherwise he will not stay with us, I gave that..

 

my mother in law is started everything again she is again influencing him and again he beated me in august, this time I have gone to police station for a complaint they came to our house and
told him to not to do so, and sign a note from me that if he will do this kind of thing again the legal action will be taken from my side, from that day onwards.

 

In October he left us without informing, after2 days he called me and said he will not return.



I my husband told things to her, story is long but she always After reading this long story please suggest something as what to do legally and generally, as I am loosing my hope toward god and justice… I think both are for rich peoples only.

 

Please tell me … I we have a written agreement in which we have stated that we will stay seprate for some time and if everythink remains goods we will move to our in law house etc.

 

My husband done fraud with me and I have now talk to lawyer, they told me that he has made this agreement so that, he can save her mother who is main culprate in all this.

 

Now I want to file case at DLSA for consultation I have responsibility of my child and I want to do last effort for her future.

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 March 2012

Big Iron,

 

A classical mistake, when you don't want her back you still say, you want her back to deny maintenance. Don't bring her back and be strict on that. Maintenance would anyways need to be paid.

 

Hope you have not filed an RCR.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
4 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 March 2012

Kashish, 

 

get your matter referred to mediation. 

 

What exactly you want out of this marriage is not clear.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
4 Like

kashish (pa)     20 March 2012

i want to settle again my life (with my husband), but this will not be possible as , my husband is a mumma's boy and is not ready to see what he is doing with our and our kids life.

so i want to go to DLSA so that may be they will be able to made the same understand to him.....(just hoping)

at this situation what is right to settle my life as i don't want my kid to suffer....

Big Iron (Officer)     20 March 2012

I wanted reply from Tajobs sir and Shonee sir, and got from both J

 

@Tajobs sir,

I am just scared to get her back.

She is not an ordinary girl but very sophisticated (A true metro wife) lady and I don’t wish to be a victim of 498A as happened to Shonee sir.

 

@Shonee sir,

Alright, I got it.

Yes, actually it was all about maintenance.

No I’ve not filed any case, neither RCR nor Divorce.

 

Thanks and regards,

rajiv_lodha (zz)     20 March 2012

So, be clear in ur vision n do not accept her back even with conditions! Just to delay,deny maintenence, u can take this risk of asking her for writing some condition!

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 March 2012

Big Iron,

 

Then decision making is easy in your case.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 March 2012

Kashish,

 

Hope coupled with noble intentions should succeed. Don't try to arm-twist.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

Big Iron (Officer)     08 April 2012

Hi all,

 

 

Yesterday was judgment date from sessions. Honourable ASJ has partially accepted appeal and has asked Ld MM to reconsider the interim as fresh. In order it has been mentioned that applicant is highly qualified but currently not working, so MM should decide matter considering status of parties.

In sessions, Husband along with counsel strongly argued that wife has incapacitated herself and took admission in B.Ed. after 6 months of filing complaint just to harass the husband. She was already MSc, MBA and could get a job very easily but took admission in B.Ed.

 

Now, what should be husband’s action? Does husband again need to argue same thing in MM court?

 

Regards

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 April 2012

Argue case afresh on merits in MM courts.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

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