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Singha Rao (Engineer)     12 July 2012

Need urgent help

This is basically continue of my earlier problem, which is even I posted below to this..

Now problem is that:

I got married 1 year before and we statyed for 5 month at abroad..After that we returned to India and she say that she will stay for some time.. After that day by day her things got changed..Before few days her father and my wife asked to send all certificates by post, she will do some job near to her house.. Then I aksed then what about our relation, where even she can search in country where I recided.. They are saying that it is not necessary to stay together, as we get married?

1. As I don't have leave for another two month, so should I send them her cerificates?

2. If I will tell them that when I will come to India, first we will decide.. what extacty she want, and after decision if she will not agree to stay with me then I can pass her certificates..

3. I am wondering whether, as a husbend if I wll not send them certificates still can she complain that I hold  her certificates so that her career got spoiled?

4. Please help me what is my limitation in such case, if any issue will come infuture, then holding my wife's ceritifate is illegal for me?

5. In such case my wife is saying that doing job is her choice at her home town, with out informing me.. Even their family don't want to share with me, where exactly she is going to do her job..Just my wife told me one word, once I will do job you will able to know..  and what we will do you will know automatically..

6. As now our relationnot in good condition, which I am trying to finalize once I will go to India.. In such case what shall I do? better to sedn her certificates or can hold for another two month..

 

Please suggest me in this regard..

 

 

Below is my detail matrimony problem, what I asked last time..

I got married before 1 year after that we stayed together for 5 month at outside India. After that we went to India, and she say that she can able to come back alone after 1 month, so that I left her and I came back to Malayesia. Once I came back she say that she want to job at India and she don't want to join with me, even she told that it is not necessary to stay both husband and wife together. After that she stay at my parent's house. Then she did quarell at my parent's home with everybody without any reason and left her parent's home. Initially she quarel with me for unnecessary reason, now slowly after 2-3 month and their argument are different day by day. "which I recorded amicably". Now after 3 month argument she and her father is arguing that I turtured her for dowry. But all are false...Now she told me that she don't want to talk to me over phone anymore. I have some proof voice record that she talked to her old boy friend, in my absence where her boy friend demanded that he is now realising why he did not able to marry her. Now our relation in such stage that it is difficult to make it again. So before that should I take any precausion? Please suggest me in following query?

1. Now I am scaring that she might file false case against me. As I am in emplyment pass at Malayesia, so if she will file case then can she able to arrest me from Malayesia? Is it necessary to come downsome time, if Judge want to clarify some thing? So is it necessary to explain to Judge or can I pass to my advocate? If not then can I fight case from Malayesia, through my relatives? So on that basis can I inform all these things to police before she file case? Will it be helpful for me to get anticipatory bell?

2. As her home is 400 KM away from my home so fighting case will cause too much problem for my family member. If in case she file the case, can we transfer the case to our home town or to high court?

3. Can I file a quash in High court (Before or after she filed case). As chances for rejoin is very less, So can I apply for diverse or RCR or AB? please suggest me which will be more better.

4. Last week her father asked me to send her all certificates, and she is going to do job some where with out inform me. Then when I talked to my wife how come you are going to do job with you parent's decision she say that time will tell you.

5. Some where I read that recording some body's talk with other may be illegal. But as this is my wife's so still can she claim that that was her personnel matter? Because after marriage also she told few time that she has also personnel life? is there any such term exist that after marriage wife can do some thing with out knowledge of husbend and can claim that this is my personnel life.

6. As right now I am in a stage where our marriage beter not to repair. Still should I try to convinience and bring her or better to not?



Learning

 7 Replies

Anish Thakur 7018812737 (advocate)     12 July 2012

dear singha rao

file suit under section 9 of hindu marriage act against her as soon as possible.

it will help you through court to reconstitute your marital life and if she dnt want will help you get divorce or from giving maintenance

why you are saying you are not giving her documents ,you have to say that this is her home too anytime she can come and take her documents but why she is avoiding coming to here

feel free to talk on 9459321520

Singha Rao (Engineer)     12 July 2012

Thank you Anish for your valuable suggestion..

As right now I am staying at abroad and she is at India. She is also holding dependent pass, and I aksed her if you are in urgent you can come I and take your certificates. I will send you flight ticket..But she don't want ..

Can I call now to your hand phone?

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     12 July 2012

Dear Mr.Rao,

 

A couple of things :-

 

1. Your wife has left you without sufficient cause - you have to file an RCR (a litmus paper or index of how much marriage is left) seeking the court's decree ordering her to restore matrimony, but even after decree nobody can force her to live with you, but this decree would later help you :-

i) somewhat help you with, if not outrightly negating, mitigating maintenance liability;

ii) frivolous 498a, 406 cases; 

iii) an uncomplied RCR is a ground for divorce (after one year); 

 

This is an article that i've wrote, see if this helps you understand the nuances of defending a 498a 

 

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

“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 alongwith 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 Mens 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 inititated 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 therefrom 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, Tel : 9810553252.

 

and as regards her certificates - in a recorded manner, duly return them take my advice

1 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     12 July 2012

Dear Mr.Rao,

 

A couple of things :-

 

1. Your wife has left you without sufficient cause - you have to file an RCR (a litmus paper or index of how much marriage is left) seeking the court's decree ordering her to restore matrimony, but even after decree nobody can force her to live with you, but this decree would later help you :-

i) somewhat help you with, if not outrightly negating, mitigating maintenance liability;

ii) frivolous 498a, 406 cases; 

iii) an uncomplied RCR is a ground for divorce (after one year); 

 

This is an article that i've wrote, see if this helps you understand the nuances of defending a 498a 

 

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

“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 alongwith 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 Mens 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 inititated 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 therefrom 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, Tel : 9810553252.

 

and as regards her certificates - in a recorded manner, duly return them take my advice

1 Like

(Guest)
I Agree with Adv. Bharat

Singha Rao (Engineer)     13 July 2012

Dear Bharat Sir,

  Thank you for valuable suggestion and sending the detail about how our laws are gender biased?

Any way what ever may be, as situation is very worst where I am ready to face.

Thank you once again..

Singha Rao (Engineer)     13 July 2012

Is there any rule that RCR should be filed with in the stipulated time of marriage?

I marriage is now 1 year +..and wife stay with mefor 5 month after that she is at her parents house and unwilling to join with me?

Please suggest me in this ragard..


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