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A Prabhakar (Software Developer)     30 September 2015

Expert guidance reqd for further proceeding | dv, dowry, etc

Simple and short query for the experts on this forum

  • I am a freelance software developer living independently since 2 years before marriage
  • Marriage date : 14 Dec 14
    • Location : Zirakpur, Punjab
    • Expense on wedding : approx 80,000 INR
    • Baraatis : 25
    • Milnis : none
    • Shaguns : none
    • Gifts : none
    • Raw footage : available
    • Pictures : available
  • First argument : regarding student loan repayment after marriage but payment in her father's personal account not in loan account
  • Second argument : constant interference of her family
  • Attempts to reconcile after family interference : 5 (five) + 3 (three) in police station
  • She left me : 14 June 15
    • went back on the pretext of talking to her father since all family relatives and friends who were trying to counsel her were asking her to expand family and to move to another city with me where a job offer was available
    • changed and updated facebook before leaving (proofs available)
    • claimed she does not want kids since her expensive demands should be met first (proofs available)
  • Filed police complaint on 26 June 15
    • domestic violence
    • dowry
    • mental torture
    • thrown out of house for dowry
    • cameras in bedroom
  • Police complaint #1 - proofs were asked, none were provided by them, instead arrest was demanded
  • Police complaint #2 - asking superior officer to arrest but no proofs provided
  • Police investigation has been closed due to no proof of dowry, dowry demands, domestic violence or regarding any other sub-complaints 
  • It was proved to the police by me
    • she left in planned manner
    • she had never been refused to call her parents or family
    • she left with brother
    • she left in good condition (CCTV camera footage at place of friend where breakfast was taken on the day; before she left to meet her father in Bathinda)
    • her messages claiming that she did not want kids and hence was not willing to live with me 

She has also filed a case of maintenance to the tune of 1.5 lakh per month and this was filed fifteen days after the first police complaint. 

Despite of leaving on her own accord, and refusing to come back and making statements in front of the Investigating officers that she does not want to have kids with me, I do not understand why I have to submit to this legal torture and then pay this maintenace amount to her.

She is well educated, a BTech engineer with previous job employment in Bathinda and Chandigarh, I am a Bachelor in Computer Applications and an owner of company with one employe which is me. Why should I pay my hard earned money to support her whims and fancies?

Please advise course of action and best possible effort that should be done in this regard.

 

Regards



Learning

 16 Replies

Adv. Digvijay R Singh (ADVOCATE-PRACTICING)     30 September 2015

you can file petition in family court or civil court in district for restitution of conjugal rights if th wife refuses to return it is good ground for seeking divorce if mutual understandings fail

(Guest)

can you prove about her qualification and past employment as engineer? can you show her income tax return ? does she still have the job ? if yes its good.

 

you don't have an issue, its good for you. court can't pressure you for maintainance. what about her family status? is she the only kid of her father ?

A Prabhakar (Software Developer)     30 September 2015

Thank you for your advice sir, I will surely consider this.

Originally posted by : Adv. Digvijay R Singh
you can file petition in family court or civil court in district for restitution of conjugal rights
if th wife refuses to return it is good ground for seeking divorce if mutual understandings fail

 

A Prabhakar (Software Developer)     30 September 2015

I can definitely get a copy of her certificates, regardign past employement I only have the profile she had shared over Sh@@di.com.

IT return and PAN - This is the reason I had refused to pay loan in personal account, I am very strict when it comes to following the law. I had asked them to give me loan account details so that I can pay and show where my money is going in my tax returns rather than depositing funds in savings account

Job - no she does not have a job, and it seems her father is not financially strong hence the loan payment requests. They have 7 mouths to feed in their house (5 kids including her and 2 parents). Her father's employment/professional claims also were found to be false during the interviews with the police.

 

Originally posted by : arix
can you prove about her qualification and past employment as engineer? can you show her income tax return ? does she still have the job ? if yes its good.

 

you don't have an issue, its good for you. court can't pressure you for maintainance. what about her family status? is she the only kid of her father ?

 

advocatepassy@gmail.com 971794 (Advocate)     30 September 2015

You have all the proofs which goes against her. These would be used by your lawyer to protect you. But if the case gores to Court, court will grant her interim Maintainace relief which you will have to pay. Best is to go to mediation or mutually agreed divorce. She does not deserve you

SAINATH DEVALLA (LEGAL CONSULTANT)     01 October 2015

Adv Passy, has given U the correct suggestion,act accordingly and go for mediation and counselling,don't ruin UR lives,think about the future of UR children.

A Prabhakar (Software Developer)     01 October 2015

Thank you sir for your reply and taking time to read this post.

I have tried every thing, they just keep asking for money which I don't have. I spent everything on the wedding then rest on the endless shopping thereafter not knowing that despite of everything, refusal to pay a meager 8000 p.m. for student loan will lead to all of this. 

Originally posted by : Advocate Vinod Passy New Delhi
  You have all the proofs which goes against her. These would be used by your lawyer to protect you. But if the case gores to Court, court will grant her interim Maintainace relief which you will have to pay. Best is to go to mediation or mutually agreed divorce. She does not deserve you  

 

A Prabhakar (Software Developer)     01 October 2015

Thank you for your response, incidentally she has said that a person who can not afford a student loan payment can not afford kids. Hence, she does not want to have my kids. (SMS/WhatsApp and witnesses available)

 

Originally posted by : SAINATH DEVALLA
  Adv Passy, has given U the correct suggestion,act accordingly and go for mediation and counselling,don't ruin UR lives,think about the future of UR children.  

 


(Guest)
Originally posted by : A Prabhakar

I can definitely get a copy of her certificates, regardign past employement I only have the profile she had shared over Sh@@di.com.

IT return and PAN - This is the reason I had refused to pay loan in personal account, I am very strict when it comes to following the law. I had asked them to give me loan account details so that I can pay and show where my money is going in my tax returns rather than depositing funds in savings account

Job - no she does not have a job, and it seems her father is not financially strong hence the loan payment requests. They have 7 mouths to feed in their house (5 kids including her and 2 parents). Her father's employment/professional claims also were found to be false during the interviews with the police.

 













 

 

 

 

 

 she is in a better place to claim maintainance. no she does not have a job, and it seems her father is not financially strong hence the loan payment requests. They have 7 mouths to feed in their house (5 kids including her and 2 parents). it means that she is the only earning member in her family.

 

it's difficult to avoid maintainance.  all you can do is to show that you are bankrupt too. that you don't have money enough to pay her. this will reduce the amount of maintainance to a great degree.

A Prabhakar (Software Developer)     03 October 2015

The fact that she did not mention the same in her court case and her complaint states that since she has been thrown out, hence she seeks maintenance.

1) she was not thrown out - proved in police station and will be proved again

2) I do not understand how it is my responsibility to feed her entire family? If it is mine, then its easy to say that this drama including leaving me and filing false cases of dowry, domestic violence and maintenance is well planned and hence money was motivation behind marriage. 

And if this is what the law supports then the laws need to be changed. In that case, I should probably get ready for a long legal battle; and hence I would like to invite opinions of experts on legal steps I can take starting right away.

 

Please do not find my above message as a bitter reply to the expert opinions being provided here on this website. If this is a long battle, then why sit silent and let her and her family enjoy living on my hard earned money.

SAINATH DEVALLA (LEGAL CONSULTANT)     03 October 2015

Today why women are given more shelter legally than males,the answer is males only.Since times immemmorial women were regarded as B class citizens in the male dominated societies.Males always had an upper hand and women were subjected to all kinds of hardships till the advent of the 19th century.Revolutions gave women a chance to come to the open world to demonstrate their equality with men.But that was only a few percent of them.Thud the laws enacted after independence have given women a sence of respite in the male dominated world.They have been protected to restrict the male dominance.Even now more than 70% of the women in our country are living in the cluthes of the males.hence of late they have been given two dreaded swords called 498A and DV to counter the males.Though more than 70% of those cases may be false,it is left for U to fight the cases with merits from Ur side and prove them false.

A Prabhakar (Software Developer)     03 October 2015

Thank you for your reply and taking time out to take a look at this. 

I understand your clear and concise explanation and also the last line which is definitely the thing to take in good stride. I would term your reply as encouraging and yes the mertis/proofs I have are more than sufficient to keep proving her complaints wrong everytime and everywhere. 

Originally posted by : SAINATH DEVALLA
  Today why women are given more shelter legally than males,the answer is males only.Since times immemmorial women were regarded as B class citizens in the male dominated societies.Males always had an upper hand and women were subjected to all kinds of hardships till the advent of the 19th century.Revolutions gave women a chance to come to the open world to demonstrate their equality with men.But that was only a few percent of them.Thud the laws enacted after independence have given women a sence of respite in the male dominated world.They have been protected to restrict the male dominance.Even now more than 70% of the women in our country are living in the cluthes of the males.hence of late they have been given two dreaded swords called 498A and DV to counter the males.Though more than 70% of those cases may be false,it is left for U to fight the cases with merits from Ur side and prove them false.  

 

SAINATH DEVALLA (LEGAL CONSULTANT)     03 October 2015

U are welcome and best of luck.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     03 October 2015

Dear MR.Prabhakar,

You need not to pay anything but your lawyer can save you from all these cases.

you may met me alongwith your whole documents at my office at Chandigarh. You may get appointment at 9814110005.

Regards

Kamal Grover

Advocate

Chandigarh


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