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

Software Developer

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

 
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ADVOCATE-PRACTICING

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
 
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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 ?

 
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Software Developer

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

 

 
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Software Developer

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 ?

 

 
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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
 
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LEGAL CONSULTANT

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.

 
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Software Developer

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  

 

 
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Software Developer

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.  

 

 
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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.

 
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