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sankhajit dutta (own business)     29 July 2011

Dv act

I was married in 1986 and twin children were born in 1992.

In 1996 when my children were 3+ years of age my wife went away with another man.

Subsequently she wrote to me a letter stating the events as to how sha went away with this man.

This letter alongwith the envelope with post mark date is available with me.I have given my children the best of education and now they are adults and pursuing higher education.I have given them the best of life and education.I did not know the whereabouts of my wife for the past 14 years.All of a sudden,she filed for divorce claiming huge amount as alimony and maintenance in 2010 after 14 years.

While this case was going on she has now filed another case under DV act claiming compensation of Rs.30 lakhs and relief of Rs.50,000/- per month.

I have lots of evidences with me like telephone bill when she used to call her lover these are all BSNL (Government documents).

Though she was a hosewife I had given her a credit card which I still have of a public sector bank.

I have the name and telephone number of the man with whom she ran away though it is 16 years old land line number.

She now has an illegitimat child whose photograph I have alongwith her.They have declared on face book on their respective pages that they are mother nad son alongwith their photographs which anyone can view.

I had given back all her possessions in 1997 and had taken a written statement on stamp paper from her that she has no further claims from me.

She was working in a company for the past 14 years whose details I have alongwith photographs but now she claims she is not working and at present she is an independant consultant.

Finally I have the letter alongwith envelope where she herself has wriitten all the details about with whom she went away and how.

When she was missing,I had lodged a police diary about this which is also available with me.

Please somebody suggest what is the merit of this case when I have so much of evidence and most of all she ran away leaving two tiny children whom I have struggled to bring up and are doing very well in their studies now.

Thanks



 4 Replies

Saurabh..V (Law Consultant)     29 July 2011

@Author

 

Your's is agonizing tale and I understand what you must be going through.

 

In such situation, you have to immediately file a formal reply to these cases in the relevant court. Prepare all the documents in chronological order and accordingly make an application (reply) in this regard.

 

Merits in your case goes against the lady and she is not eligible for any sort of monetary compensation whatsoever. Those who perform their duties are only entitled to claim rights. When she did not perform any duty as a wife or mother then why should you feed her now after 14yrs?

 

Moreover, DV Act is not at all attracted as she was not living under same roof with you. Also her adulterous nature and extrovert behaviour to run away with another man and then begot a child from him, amounts to cruelity against you and also amounts to desertion.

 

Your case points to one lacuna in your story. Why you didn't filed for divorce from your wife earlier? Why you left it hanging in mid-air? May be if you would have got away from the wicked fellow, you would have got a peaceful life at this age.

 

Anyways! It's always late than never. Appoint a good lawyer to defend your case. The way you have told about proofs I'm still in ambiguity how you got a track of her personal photographs, phone calls but yet kept quiet and stayed away!

 

//peace

/Saurabh..V

sankhajit dutta (own business)     29 July 2011

Dear Saurabh,

Thanks for your reply.

Let me clarify.

When she left she did not take all her things. She had left her credit card behind.

When she filed for divorce I found the address and hired a private detective who has taken all photographs and submitted a detailed report which is available with me now.

However, we had filed a mutual divorce in 1997 but after that she went absconding and did not appear for any hearing after which I also did not pursue the matter.For the past 15 years I was not even knowing where she is.

hema (law officer)     29 July 2011

you will win the case hand down. do not worry. engage a good advocate.

1 Like

Saurabh..V (Law Consultant)     29 July 2011

@Author

 

My cross questions were only to elicit some informative data which could again help me to arrive at some other technical advice.

 

But as rightly pointed out by @Hema, you already have very strong case. So what most you should stress on is relaxing and keeping-up with your life and kids. Just engage a dedicated good lawyer and leave it to him.

 

All the best!

 

//peace

/Saurabh..V


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