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Parth Chandra (none)     24 March 2010

Wife/InLaws demanding money

Hi All,

I have posted the details of my case in one of the other thread....The details are.

1) After a heated arguments for 4-5 days over wife's pre-marital affairs which she might have continued after the marrage.....(and which she only confessed when asked repetitively) Wife left home with 3 years old daughter.

2) After a week...Wife & InLaws along with their other relatives came to my father's house and fighted to my father saying that your son has beaten our daughter and he is drinking alchohol ....bla bla bla and left my daughter crying at my father's place.

3) Then after a month they filed 498, 325, dowry prohibition case saying that we have demanded 50 lacs from them etc cases against me, my brother and father (my mother is no more so she got saved). Then they filed section 97 saying that we are not allowing my daughter to go to her mother and currently daughter is with wife on purgise (Court gave a month's time and we thought let the baby be with her mom as she would be more happy and comfortable iwth her)

4) I tried to convince her to come back and gave all kind of assurances and also that I will give whatever salary left with me after the debts to you and will live as you say but don't spoil our baby's future.

5) Now they are asking for an agreement with conditions such as

a) we will have to put deposites on my wife's name and my daughter's name (I don't have that much money and they want my father to pay this)....

b) We will have to give her all the jwellery's which we only gifted her at the time of marraige (My in-laws did not gave any gold jwelleris to us except a chain and ring and neighter they gave any gold to my wife)

c) My father will not come to our home. (However wants money from them for deposites knowing that I don't have it)

I am deeply depressed and don't know how to save my daughter's future out of this mess and they are behaving insensitively and only wants this conditions to fulfill which is not acceptable to my family.

Below are my details...

i) I am a heart patient and have had two open heart surgeries and currently having metal valve in my heart.

ii) I am a software professional....earning decent salary but having home loans and EMI is approximately half of my salary since 2008...also had to go through verious medication and check ups worth 2500 in month. which leaves around 15000-20000 with me from which I am paying for LIC policies of mine and my daughter.

iii) I leave in Mumbai, She is in Ahmedabad and my brothter and father are in diff. city of gujarat.

iv) I can not prove her adulter as I don't have evidences.

v) Her father has taken some pictures of her when she reached to their home which suggest that she was beaten.

vi) We are on regular bail in these cases.

vii) Chargesheet has not been filed after 2 months.

Based on above my queries are...

1) How much maintainance my wife can get from me for her-self and my daughter (as we are planning to give my daughter to her in the next hearing of section 97 thinking that she will be more happy with the mother). She used to work before marraige and at that time was earning 8000 p.m in some office.

2) My lawyer told me that don't accept that you are earning this much (which they have claimed in 125)...and let them prove....Can court order summons to my company (Limited company in private sector) for my salary details?

3) I am not sure what is going to be her next step...and am confused what they wants as they initially said that I should not keep any relationship with my family as a condition...then they told that I should also give her jwellery which we gave her at time of marraige and it is considered as stridhan (I am not sure if this is the case as it was not given by her father)...then they demanded money....I am cluless what to do and how to approach this.....Does she wants divorce (She hasn't filed for this) and can our jwellery given to her be considered as stridhan?

4) How long chargesheet can take as we have been ordered to appear in Ahmedabad police station every month till that and its very difficult for us as we all leave in diff. cities.

5) Can police come to Mumbai for investigation? If yes then if some one (my wife's female friends in neighbour) is ready to say that I was drinking and have beten...what can happen?

Kindly reply to these queries..I would be very thank ful.



Learning

 4 Replies

Parth Chandra (none)     24 March 2010

Can any one please reply? This is urgent as the next date of hearing is close by.

Parth Chandra (none)     24 March 2010

Thanks Prabhakar,

As you told that court can order 1/3 of my salary but considering facts that after paying all debts and medical bills....I have 15-20 K left from which I pay LIC policies for me and my daughter and also arrange my food and maintainance. Can you please give me a tentative figure which court might ask. I have produced my  operation summary's for both the open heart surgery along with the Home Loan account statement and medical bills to court.

It would be great if you can give me a tentatitve figure....and also let me know if Court consider's this and will provide 1/3 from this 15-20 K or my entire salary?

They are demanding money as well (Deposite for her and my daughter) which I am sure my inlaws will take from her if I decide to give the money and jwellery and try to call her back.....Should I fulfill their demands?

I am a software professional in a Limited company of private sector....Can these cases affect my job?

Awaiting your reply.

S.B _Kolkata (Service)     25 March 2010

You should not be encourage any certain pressure given by them. Let them go to the court for the maintanance amount.

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