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Hir   21 July 2022

Facing false crpc 125 and pwdva section 12

Hello Experts,

I am writing with diminished self esteem and with my very low feeling state.

We married on Dec 2019 and both had 2nd marriage.

My INL's (Both are teacher)  are having green card and residing USA with Brother in law (will get citizenship with in a year). My INL came to India in Jan'21 and taken my wife with her.

We spent 2 year with no any major issue except her uncle (Skuni MAMA) created much chaos along with MIL (Mother in law).

Just after marriage her parent went to USA and she went to her "MAMA" home and been there more than 1.5 month due to lock down (March-April'20) (Even though I told her that there might be situation that you may be stuck there). Then after 1.5 years her parents intervention getting started in my married life (Specially her mother) and making my life miserable and like hell. As soon as INL came india on Jan'22 even though there were guideline that outside traveler in india need to complete the two weeks in home quarantine they come to our home and take my wife with her and infected my parents as well.

After that wife's attitude and behavior got changed. When I have went for her birthday celebration her mother and farther started intervening between me and her and MIL told that she will take her USA even I want or not. I have refused it and that arrogant and egoist lady (MIL) started abusing me and my family then after.

After b'day celebration I back to home and told my parents regarding that incidents and I tried to call her but her father not allow me to talk with her event I have sent WhatsApp messages to her but she haven't replied at all.

My parents and relative called them regarding the what issue they have, but they don't event want to meet or talk to us. After that they called us to our religious guru's temple to sort out things. So we went there and I told our guru that I don't have any problem with her, So, what I suppose to tell you. But against that my INL and her MAMA started shouting allegations against me and my family like anything. Guru said that let you and wife stay together and take decision then, but that was also not acceptable to them. And even after the discussion in temple, they ran away like anything she and her family didn't even talked with us.

Then after multiple times, me and our relative had asked to send her to our cousin's marriage but her arrogant and egoist mother clearly refused to send to marriage.

Then they complained to "She" police team (Women police team) and called me to come to their city stating that my wife felt mental violence and humiliated from us. So, called me my parents and my both sisters and their husband. That was shocking for our family and my mother got deep shock and she felt sick and after week need to hospitalize my mother but still by side "She" team calling for the concilation. So, I went for there and I explained everything from my end. Then I have seen that my wife behaving same as her mother and MIL was violent. My INL and her MAMA started threatening and shouting on us even in front of concilator and she not even taking note of it even after I had told that concilator multiple time that, that is not the correct behavior me and my father should tolerate. And they had started to ruin my married life. Even after concilation, the concilator told that my wife is under her mother's control and even though her first duty is to take care of my mother but still she deserted from all her marital duties.

Then, our relative had called them and their relative but all went in vain and all their relatives refuse come in this matter and take responsibility of them (MIL + Wife + MAMA). With all our approach my INL are becoming the more and more arrogant and not even talking to use.

After that they have filled the case in some "Nari Adalat" and sent me notice. But mean while by getting the situation and with suggestion of Lawyer, I have filled the RCR. So, coincidentally both date of Nari Adalat and Family court fall on same date.

So, on 1st hearing they asked for mediation, and we went there as well. The mediator asked to discuss mutually with in 10 day and come again. So, our lawyer exchange the number and asked to call us when they want to discuss the matter. Then even after on 2nd date Judge went on vacation for two months.

Mean while she filled the false 125 and PWDVA stating that I want to go to USA, I have taken dollars from their parent, I have beaten her up, we haven't make any medical treatments and care for her and all standard false scriptted allegation that need to make under this bla bla bla...

Just my question was that If she want to go to USA for permanent, why she married to me and I also got to know that her parents had already put immigration file for her before marriage. She had also hidden her gynae problem (PCOD) even before marriage (I have both reports before and after marriage).

I have all our outing, happy moment and keeping her happy photos videos.

I have receipt that we have sent many items to her parents during covid.

I had taken the mediclaim of her and all medical treatment bills that to take care for her (Root canal)

During two year, I have taken her to their relative's city (I have fstag reports) and they refised that I was not allowing her to get out of home.

Even she had started her job just before two months that she left and she had mentioned that I have forced her to do the Job.

Also, we get to know that, In past she also did same thing what I am suffering from. (Money extortion by false case)

The conclusion is what I understood is : Seems all things were scriptted well before her parent vision india by her MAMA and parents for money extortion. Her mother want her to take her to USA (MIL told me that she want her daughter to marry USA based guy only) and want money from us. The easiest way I can think of that she take her on visitor visa marry guy in USA and get the PR there. But we filled RCR stating that her mother want to take her to USA then after MIL became much more arrogant.

So, can you guys can share you expert opinion how to get rid of this kind of this situation ?

Shall we file a case against her parents that they hide the gynae problem (PCOD) before marriage and to drag them to india?

Now, her parents went to USA already and asking as harassment, home rent, etc etc money and also filled some protection officer form stating for all kind of money extortion.

Seems this is the peak of the legal terrorsad.

Thanks in advance give you time valuable opinions.   

 



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 5 Replies

Abdul Israr   21 July 2022

Contact a lawyer in your area. If you are in Delhi you can contact me for legal help at www.israr@gmail.com 

anubhav Bhatt   21 July 2022

Dear Client better if you contact us then I'll elaborate properly.
Advocate Anurag Bhatt.
Allahabad High Court
Mobile 9198889990

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     21 July 2022

send a legal notice through a lawyer for your conjugal rights. Conjugal rights are rights created by marriage, i.e. right of the husband or the wife to the society of the other spouse. The law recognises these rights— both in personal laws dealing with marriage, divorce etc, and in criminal law requiring payment of maintenance and alimony to a spouse

Hir   21 July 2022

Thanks for the reply Sir.

As stated above, we already filed the RCR before 125 and pwdva.

VENKATA MOHANA RAO PATHAKOTA (PRACTICING ADVOCATE AT HIGH COURT OF TELANGANA AND ANDHRA PRADESH)     25 July 2022

You have a good case. You may reach out @ 8297877977

High Court of Andhra Pradesh

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