vijay 17 July 2015

Maritial dispute & divorce

Hello Experts...thanks to all of you for helping...

Me and my wife was living happily since we have completed 11 yrs of our marriage...before 3 months i caught her affair with other guy...i told her that i will tell ur father tomorrow morning that u are doing this.... she said sorry and told me that pls dont tell my dad i will not do this again....second day morning she left the house without informing anyone....i immediately went to her house... she was also not there...i informed her father that your daughter is having affair with someone and i caught her messaging.... he told me that give her divorce and leave her on her karma...i refuse and said let's give her a second chance....and we do police complaint... after 5 days she went to police station with lawyer and her parents took her at home....now she is making false allegations on me that i am hitting, force her to drink,smoke and many more cheap things....my father in law asked me all the things and i said if i forcing her then she had not told u in 11 years and all the discussion done over phone and my FIL said that "use mayke me kabhi kuch mila nahi tha accha pahne ko ghumne ko aur waha sasural me yeh sab mila to uske par nikal aye....mai uski guarantee nahi le sakta... aap usko divorce de do.."(I have recorded this call) i again refuse for divorce and all the discussion done in somedays and i bring her back.... from the second day after coming back she again started to doing messages that guy...after 3 days i again caught her....and talk to that guy and threat him and my wife also said him that "khatam karo yeh sab kab se bol rahi hu" (i also have this recording)....and she also sent message on that guy's number that "kal subah mai police complain karne ja rahi hu ki tum sab ne milkar mujhe kidnap kiya tha aur jabadasti police station me yeh statement dilvaya ke ghar par nahi rehna hai"...after this i inform her father that your daughter did this thing again....her father didn't tell a single word to her...i was shocked... second day she wrote a letter that "mai ghar chhod kar ja rahi hu...ab kisi ko nahi milungi...mai mafi ke layak nahi..mujhe bahut pyar mil raha hai aap sabse aur is pyar ke bhi layak nahi".....i found her somewhere on the bridge of river and called my FIL to bring her....he came and took her with him....second day she came back with her mom and said sorry and all.....i said ok.....from the second day she started to fight with everyone in small and small matter.....and again she wrote the same letter for suicide....i sent her back to her home by calling her mom....i went to lawyer and sent divorce paper at her home.....second day i got call from my FIL and his behavior was totally changed.....he was also making false allegations like her daughter...(he was also recording the call) ....then after we decided some alimony and all other shtreedhan to give her back and ready for MCD....unfortunately there was family court vacation...after some days my FIL called me to do settlement.....i refuse....after some days my MAMAJI called me for settelment...i again refused....and finally we have filed MCD under section 13B on 18-06-2015...All the things handed over and alimony too....

Now i want to teach a lesson to my FIL and my wife.....She forgot to collect her credit card....which we have used jointly while we were together and its outstanding is Rs. 2.5 lacs....Can i give their number and address to bank? I got very hurt of FIL allegation as in these 11 yrs they always admitted that they cant find JAMAI like me.. each and every time i helped them by financially....

What should i do? can i withdraw my consent from MCD or should i absent on date given by court? What if she withdraw her consent and ask for more alimoney ? What proof should they have to submit to prove DV or 498a ? They do not have any proofs of Domestic Violence and Dowary as i have never demand for that...and four time in a year we were going for tour at different places....i have all the pics how my wife was living with me....she was also earning woman(professional singer) and doing drink is normal in this culture and i have many proofs that i never force her to drink as all her friend circle and the persons to whom with we were going on tour all knows...What if they cant prove DV or 498a...?

I dont want to give her divorce or not want to bring her back but want to ruin her life.....
Please suggest me....

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27 Replies

498victim.x 17 July 2015

Vijay, divorce her, start a new life. I understand your pain, but if you go behind them it will cost your valuable life time. You are in India, please don't forget it. All the laws pleases women and hurts men (consconsidering false dowry cases sky rocketing). Once again get the divorce first.

Adv k . mahesh (advocate) 17 July 2015

first complete the mcd process and you have not mentioned how much alimony you are paying to them and if the credit card bill is from her side then talk to them and deduct the amount you are paying in alimony

and as a lawyer we does not support to go further as already mcd is filed so take divorce decree and marry again be happy

S.K Gupta 17 July 2015

Dear, Expert Please advice

my wife and 2 Son's (aged 22 & 16) is living seprately from last 5 years she has files a complain under section 125, CRPC by claiming maintenence and ane other complain in domestic violence act 2005, by blaiming on my character but she can not prove it and provide some reportable decision of suprem court of India. which are in my support. so that maintenence can not be awarded. I am Paying Rupees 10,000/- Per Month as Interim Maintenence for my Wife and a Son who is Below 18 years.

thanking you

S.K. Gupta

vijay 17 July 2015

Dear Mr. Mahesh Thnx for ur reply.. I have paid Rs. 75000/- as alimoney by cash which i got written on Rs. 100 stamp paper. And on other Rs. 100 stamp paper we did divorce did where we mention that all the thing was given to her which are belongs to her....there is no detail of credit card or bank account mentioned in that deed. The credit card is in her name not mine....and i m damn sure that they will not do 498a..... might be she will do false DV but she cant prove it as she was living with me in hi-fi lifestyle.....and there was no any complain or case done in these 11 yrs....they do not have money to fight a case as they are from lower class.....

Prasad (Systems Engineer) 17 July 2015

Hi Vijay...

After 11 years of marriage, If a wife can behave this way and ruin her husbands life, the best husband can do is give MCD but without any single paisa of alimony.

That means, Husband should just remain silent on wife's money demands.

Let the wife loose patience, file for divorce for whetever reason and get ex parte divorce and vanish from husband's life.

If wife files any cases, husband should fight it on merits, win those cases and then get divorce based on cruelty.

Let such wives do not get capituated to threaten husband and walk away with MCD and huge alimony.

You did not mention whether you have kids.

If you have kids, then you should not eevn give MCD and claim right of access to your kids.

vijay 17 July 2015

Dear Mr. Prasad

We do not have any kid.

During the investigation of my missing wife police called that guy and taken a statement that we were talking on msg and we have met 2-3 times outside.....and while this thing gone to her husband knowledge i said her to stop talking to me....

My wife's statement was "11 yrs mai hamare bich me chhote mote jhagde hua karte the...uss raat ko unhone mujhe aisa bola ki ab tujhe ghar se bahar nahi jane dunga...aur tera phone bhi le lunga...tujhe ghar me naukrani ki tarah rakhunga.....aur mujhe is baat ka bura lag gaya aur mai ghar se chali gai...." but she did not mentione why i told this to her....

Her mother given the statement that " meri ladki sasural me ekdum acche se aur khushi se rehti hai...mere jamai bhi bahut achhe hai...humko koi complain nahi hai..."

Is this statement harmful to me ?

I do not have any property in my name or my parents name....I m living in rented house.....My mother and father are dependent on me.....i bought a car in my name which i have got transfered in my brother's name...the loan of car is still running in my wife's name.....I am earning 40000 per month but there is no single proof of that in my bank account or anywhere else....i can prove that i only earn 12000 to 15000 per month......

Prasad (Systems Engineer) 17 July 2015

Vijay... mere statements do not mean anything to police and court. Everything should be proved with document or other evidences. So, ignore any statements and counter them as false statements as long as you know they are false and does not have any proof.

vijay 17 July 2015

The statement given in police station is in written and signed by her....I just bring it through RTI...

What will their reaction if i give their number to bank for credit card? who is liable to pay this bill?

her advocate is newly practicing and do not have much knowledge....as my advocate have 30 yrs experience.....

SAINATH DEVALLA (LEGAL CONSULTANT) 17 July 2015

I do not wish to intrude in the already ongoing debate,Mr.Mahesh has adviced well with his opinion.Quries are for legal solutions and not a platform for debates.

vijay 17 July 2015

Originally posted by : SAINATH DEVALLA
	I do not wish to intrude in the already ongoing debate,Mr.Mahesh has adviced well with his opinion.Quries are for legal solutions and not a platform for debates.

Dear Sir

I just want to know about what legal action they can take for this credit card bill....and my wife is still agree to live with me saparetely from my parents....what step should i take if i bring her back?