"MARRIAGE JUST 5 MONTHS OLD AND GETTING WRECKED"

When the marriage was agreed upon by the elders of both the families,were the reasons and responsibilities mentioned by U not discussed.Father retired,brothers and sisters unemployed,have U not put UR responsibilities before UR wife.

During these 5 months who many days did she stay in her matrimonial home to file those criminal cases?

I shall not discuss legal procedures for separation,which is a long way to go,but I only suggest U to involve elders of both the sides and try to settle the matter without legal hurdles.

Hi Sainath,

Yes indeed everything was shared to her family even my mom expired in end of last year itself and we clearly told that we looking for a girl who can takeup family responsibility along with support of our family. They agreed on this and showed their faith to us.

Now after marriage my wilfe live with me for 2 months (during this period she said me that she want to live seperate in different house , as per her current house and location is not as per her status and she used to argue on silly things).,  then she gone to her parental house as per custom for 1 month then came back to me, when she came back her attitude was totally different and she used to argue, fight and even gets physical while aruing (I have some idea that as she want to get seperated thats why she is showing that she can't adjust in this house). I do make her understand many times about my responsibility and while living with me she got known all this by her own too, still I made her clear about my responsibility towards my family along with her. So in just after 18 days I called her parents to discuss and they came and started accusing me for the arguement and fight we both had and I realized that she has mispresented thing to her patents to get me separated or her parents also want this separation and trying to threaten me on DV things, after all this they took her with them.

Now since last 3 months she is with her parental house.

So in total she was with me for 2 months and 18 days.

I am also not interested to go for legal things as its waste of time, money and spoils relation. I also visited her home with elders of my family to make them understand as her parents have never taken any initaitive for correct things. But when we gone to there place her elder brother and sister (sister 40yrs unmarried, brother 36 unmarried)humilated us and asked to leave their house, it was shocking for me(Later on I realised that they have already filed all these cases), Even they did not allowed me to talk to her seperately as I want to know from her if all things happening is ok for her.

Now she is still talking/chating me seperately and hidden from her family, So don't know what do to about the case they have filed.

Still I have to give reply in court.......:(

She filed the case while she was with her parents house.

Gone are the days when people used to be faithful to their words.

So are days gone where girls adjust with husband and his parentage.

Now a days you just marry for the sake of se x.  Understanding wife not available in the world anymore, if there are, they are already married to someone else.

Best thing to do is, go for separate accommodation.

Take separate house and file reply to DV case asking her to join you in that new house.

Rest you can use all evidences which you have provided if you have submitted the same in your WS of DV case or any other case.

If you plan to fight DV case etc, it will be a long run. (5-6 years)

My advice is better take back wife and spend 100 Rs per month on her than give her 5000 Rs per month life long.

Apart from that another option is to take MCD, pay her lumpsum alimony and take divorce in 6 months.

Hi Helping Hand,

So you mean to say the evidence I talked about are admissible in court against DV.

1. She saying she is unemployed - But she was working before marriage, I havea copy of offer letter of the same. I have access to her mail id which she is not aware of, In her mail I saw exchange of mail that clearly shows that she is still associated with the same firm in which she worked before .. So can I provide print of such mail along with offer letter that is one year old. Or its not a positive thing as I have access of her mail id which she is not aware and this can be negative on my part.
2. I have SMS/Whatsapp conversation that also proofs that she is lieing in her petition, further I have Call recordigs also in support of my point. I also saw section 65b for using these as a evidene.
3. Can these evidence can avoid any type of maintanance that can be granted to her on her fake petition.

Point 1 and 2.

Maintenance is a whole different beast. You need to focus on her income NOW and her ability to earn now. Study the law on this subject.  Do some reading. Check under which sections she has applied for maintenance. All this matters. Other allegations, if false, can be used to show that she ought to be living with you and therefore should not qualify for maintenance.  You need to analyze issues carefully.  Sometimes, it is better to ignore allegations that have no ramifications so that you focus on your best defenses. Of course, in your written statement, you must deny all allegations point-by-point. You need to find out what is "fake" in the petition that disqualifies her from maintenance and focus on that only, for now. DV is a weak law for women. They do not understand that. Do not be too worried.

Hi,

As she is living with her parents, does overall family income of including her income and elder brother and sister income make any sense in court to take into account if she qualify or not for maintenance.

As I compare to my family (4 members ) where only I am the earning member.  

Maintenance is decided by the court basing on several aspects and evidences.Unless she has a standard income to maintain herself and well qualified the husband has to provide mainenance whether he is employed or not.

Hi All,

My base question still remain bit unclear.

Can I put the email conversation mail as evidence from her mail account (that clealy shows that she is working in that company). I still have access to her mail account but she is not aware of.

Go ahead and produce the evidence. Remember you should have a strong evidence (which only ur local lawyer will tell you after studying your case and maintenance parameters) and note after producing this evidence she will change the password of her email. Since she is chatting with you, you can always say she had given you access as ur the husband. You have not hacked her account so dont worry.

Getting her personal information from her email account would be treated as hacking her account,for which U may invite criminal cases if she gives a complaint.

GO THROUGH THE FOLLOWING CASE:

Husband hacked email, misused personal information, says wife

GURGAON: A woman has lodged an FIR with the Gurgaon police against her husband for allegedly uploading her photographs on a matrimonial website. The victim has alleged that her husband hacked her email account without her knowledge. 

"The woman has said in her complaint that the accused uploaded her personal information and photographs and mentioned that she was seeking a groom to get married soon. We referred the case to the cyber crime wing to ascertain whether her email account was hacked. After the hacking was confirmed, we lodged a case against the accused," said ACP (Sadar), Krishan Murari. 

The victim has alleged that after uploading her information on the matrimonial website, the accused moved a divorce application in a local court in Ghaziabad. He said since his wife was looking for a groom, there was no point in continuing his relation with her, police said. 

Investigators said the two have been living separately for quite some time. Investigations have revealed that the couple has filed several FIRs against each other in Ghaziabad. While the man lives in Ghaziabad, his wife is presently living in Gurgaon. 

We are not rushing into conclusions as we are still investigating the case. Both have accused each other of mistreating in the past. However, in this case it is all about the woman's email account being hacked by the accused, though the victim has also leveled several other allegations against her husband," said a senior police officer. 

The police have registered a case under IT Act against Ghaziabad resident Rakesh Yadav.

Unlucky Husband, if you have the patience and guts you can produce the evidence. As per article posted above, there will be a hue and cry by your wife/her lawyer, but all said and done you are not misusing the information (as is the matter in article above) by twisting facts or misrepresentation of facts to defame or harm your spouse in any financial /personal way.

Now what if wife complaints to police/cyber cell, will they arrest you or punish you ? You have merely produced the docs without tampering the evidence in your defence/prove your case. If you can handle the chaos then you may produce the same in a proper way. The court is least concerned with how you got the evidence and if your wife wants to take any action then she may  complain to police/cyber cell , which will be an alltogether different case. 

However after going thru ur original post again i feel the evidence-emails of her ASSOCIATION with her previous employer will not help much. I dont know what inference can be drawn from the content as you have not revealed the same. Are you able to establish that she is CURRENTLY EMPLOYED with them OR do you have her reappointment letter or Salary slip/INCOME DETAILS (MOST IMPORTANT)

If you want to play safe then use the information you have from the emails (without producing the emails) and ask court to summon her employer to reveal her employment status/ salary. Hire a detective who will follow her for 1-3 days and get you evidence which will make your case strong and court may get convinced to summon her employer.

Also file an application asking your wife to produce affidavit of her earnings as you know she is working . Attack karo - 360 degrees !!!

(My suggestion is only based on my understanding that you are a genuine victim)

Yes indeed I am not misuing her account, just getting evedience about her employment to show

my innocence.
 

1. Offer letter of June 2014 that is with me from some time which she already know
2. In mail I found mail exchange for work given to her from employee HR(contact number of HR is also there and other employee contact number) of that firm.

Salary slip not in her mail id, but I can request court to allow for getting her bank

statement or even as per your suggestion yes I can request court to summon her employer to

provide details about her employement.

As this would be my first date on above case, there is another part I need help on.

If in any situation she gets agree to join me back and case gets ended in that situation I

have some concerns

1. How to make assure that she won't file any such false case again ?
2. Is there any provision of getting appologise letter from her addressed to court mentioning that she got in some influence and made fake charges on respondents. I don't have idea if any thing like this would be there.

Needs suggestion how to get this done for furture safety on such fake alleagation, In truth

there was no dowry in our marriage which she also knows very well.

@Born Fighter  , Yes even if she changes the password I will still have access to her mail id and she is unaware. But the thing here is that I am not at all misusing anything and not at all in that direction to do so.

But it very sad to see our legal system so much biased and if I have to fight for truth it would take years of time money and still will be painful for me and my family..I guess thats the reason people start taking wrong step after getting frustrated from such a weak, corrupted and biased legal system.

One system girls are equal to boys, still such a highly educated girl is allowed to file for Maintainance under law.