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wilson (service)     26 March 2009



My friend is 56 yrs old and his wife is 52 yrs old. They have a daughter [29 yrs] and a son [26]. his daughter with mother's support indulged in public cheating case along with her boy friend and finally arrested by police along with her bf [this happened in 2002].
During police interrogation it came to light, that they have married secretly and mother had supported their friendship and while she told my friend that they are behaving like brother and sister and warned not to interfere in daughter's future. Finally everything went wrong and my friend unable to shame in his office and society left his job in depression. mother was already forced by management to leave the job since some of her colleagues were also victims.
After 4,5 months, for livelihood my friend started a small business which was co-managed by his wife and finally landed in financial losses for which he has to sell his available properties and left with huge liabilities. then he joined in a small job where the earnings are only 1/4th of his monthly commitments to banks. his wife started humiliating him to bear the family maintenance expense also though she is also a earning member and started her lavish expenditure and investments in gold and started abusing him for not meeting family expenses which he was meeting before the criminal cases. the torture came to some extent that he had to stop taking food and finally prepared to divorce in consultation with a lawyer who advised so for her torture and insults. He is overburdened with loans EMIs which are 4 times to his earnings and have no mental peace. Earlier he had sell his ancestors property when she did business and incurred losses.
On hearing his plan to file divorce, she left home with daughter and came back after one month might be with her lawyer's advise to go back and see he leaves the house and file case under domestic violence act. she started all types of insults including performing daughter’s marriage again without informing him and  his families [ bros and sisters of his parents] and abusing him as womanizer that he is moving with a girl younger to his daughter’s age. Finally he came out of house when she abused him in front of his uncle and aunty that he is moving with another lady by using viagra. Within 24 hours he left home, she and her lawyer prepared dvc case [as per signature and date of dvc] but filed on after 20 days as police dept denied to entertain her petition on the grounds of their ages, and filed a complaint in women welfare dept.
In her dvc petition she claimed that the residential apartment was purchased from her salary and husband got in his name as cheater. In fact the housing loan was taken by husband and guaranteed by his brother in law and deposit of title deeds of a vacant site. Finally that loan was cleared by him in one time settlement and he has proof of loan taken from another bank for clearing the loan.
She also alleged that he was womanizer by referring an incident happened about 18 yrs ago when an unmarried girl requested him to marry and he refused. Now his wife produced the letters written by that girl as her evidence in all the fact is clear that she requested marriage and he has refused.
In dvc petition, petitioner alleged that she had to work to maintain family and children as my friend is irresponsible, though she admitted he was well and good for 14 yrs after marriage.
My friend filed the reply denying her allegations and intimated court about the criminal activities of his wife and daughter.
Since my friend lost all his properties for the misdeeds of his wife and now she is claiming his only property left i.e. residential apartment, he will be on roads if he loose this also.
Now how can he proceed to prove his innocence and her criminal mentality? Can he save his apartment as he has liabilities half to the value of apartment market value?
Can he claim to settle her losses earlier in permanent separation as her claim being legitimate wife?


 3 Replies

Swami Sadashiva Brahmendra Sar (Nil)     26 March 2009

reply already posted as pm

Swami Sadashiva Brahmendra Sar (Nil)     26 March 2009

dear mr. vilson !

1.proof of housing loan will sufice to rebut the ownership claim of wife

2. husband's existing liabilities towards bank (EMI)shall be deducted from his monthly income for the purposes of assessing his capacity to pay maintenance.

3.if husband prooves that wife is earnig equal to his income as assessed above, wife will not be entitled to claim maintenance.

4. if daughter's marriage is prooved, she will not be entitled to claim maintenance.

5. living in inchastity also disentitles the wife to claim maintenence.

 - DR. V.N . Tripathi

Prabhat Kumar (Advocate)     27 March 2009

You have enough things to prove that house belongs to you and your wife is not entitled for any share in the house. She has inflected mental cruelty on you and you should oppose the DVC petition with all your strength.

your last question is not clear to me. please clarify.

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