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Manish Kumar   30 August 2020

My wife deserting me frequently and tourching me filing false complaint

Hi, First of all sorry for long content and thank you everyone for reading my case with patience.... I am software engineer working in reputed IT company in Hyderabad. I got married on 16th Feb 2017 (as per Hindu marriage rituals) after that I took 2 month's personal leave and stayed in my home town (village near by Hyderabad) with my wife and parents for 2 month's and my wife became pregnant in this time and I took my wife to Hyderabad as I need to join back to office.. She stayed with me in Hyderabad for 25 days and one day I went to office and she called her brother and left my home without informing me at that time she was 3 months (running) pregnant.... After that I took my caste community heads to my wife home to know why she left my home without informing.. Upon my in law's and wife mentioned that me and my parents tourchured her a lot... also they as wife is pregnant she cannot come to my home at that point of time.. so I waited for 6 months.. Then I am blessed with daughter on 19th November 2017 and after that no one from my wife's side intimated about my baby birth after two days one of our common relatives informed me then I went to see my baby in hospital. After 3 month's of my baby birth again I took my caste community heads to bring her back to my home.. she made few conditions that my she will not come to my parents home (my home town) and asked me to take to Hyderabad.. upon her conditions I took her Hyderabad as per compromise done by my community heads. On 2nd March 2018.. I took her to Hyderabad and we started life again with nuclear family (me, wife and baby) In Hyderabad we lived happily for 12 month's after that she again started tourchuring me like refused s*x with me, not cooking food and make my baby cry Infront of me.. used to go her parents home will not come for 10 days upon my calling she used to come.. even after it I patiently keep clam.. she doesn't showed any respect towards me and my family.... On July 15th 2020 one of my wife's relatives came to my home and given me wedding invitation of her brother marriage on August 6th 2020.. (My wife parents and brother not even informed me about youngagment). She asked me to buy sarees and dresses and makeup stuff for her brother marriage and buyed for her. Also I kept 13 thulas of gold to my wife at the time of marriage she took that gold also to her brother marriage (I have bills for it purchased in joyalukas) On August 2nd 2020 as my wife asked me, I have booked a car from Hyderabad to her home and dropped my wife and Baby at her home to attend her brother marriage. After her brother marriage I called her on August 12th 2020 to come back to Hyderabad.. she said I will not come to my home and I am going with Law and I will see you in court... As per my common relatives I got to know she filed DVC and maintenance in court as court's in Telangana are in lock down till September 30th.. I didn't received any notice from court... She filed all false allegations on me........ Yesterday I reached out family advocate in Hyderabad and as per lawyer assistance I have sent a notice to my wife stating to join conjugal life with my daughter. My wife is showing me hell and I tried to call her in WhatsApp to show my daughter she is not even lifting call and showing my baby... My parents are in depression about my life and bed ridden .. My wife wantedly pulling me to court and spoiling family prestige.... Its been 2 and half years my parents are not living with me and my wife. Then also she filed DVC on my parents it seems.. I buyed dresses, and booked groceries in bigbasket and took her to restaurant, Movies, holidays to Ooty and picnics and also she refused to feed milk to baby in childhood I buyed powder milk for baby feeding... Now she is saying my husband did not take care of me and my kid. She filed dowry case on me... I only took 1 Lakh from them at time of marriage for buying marriage dresses.. Please let me know how to go forward on this case... I don't have any concern about my wife as she is making false allegations on me and my parents... The only concern is about my 2.10 year's little daughter. My wife completed B.A (B.ed) and worked as private teacher before marriage.. I draw 60k per month take home every month how much will I be granted to pay maintenance to my wife and daughter.


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 3 Replies

Dr J C Vashista (Advocate)     31 August 2020

Be brief and specific for consideration and obligation of experts on this platform.

It is better of consult a local prudent lawyer for proper analyses of facts, professional guidance and necessary proceeding.

swamybandamidi   02 September 2020

contact me @ swamybandamidi@gmail.com I am from Lb Nagar, Hyderabad

estranged wife (Housewife)     11 September 2020

By dowry case if you mean wife has filed domestic violence act under section 12  than she has to proove all allegations....she has to give evidence before district protection officer and fill DIR or domestic incidence report...this will be sent to court where wife has filed case...now if magistrate is satisfied that domestic violence has occured he/she  will issue notice to you... In most cases an application under section 23 is given by advocates for interim maintenance and magistrate has power to grant it even exparty so as to give relief to wife and kid...supreme court had said wife should be granted 25 percent of salary....there are many other factors while granting maintenance and magistrate has immense powers in domestic violence act..but .court procedure is long and take months to years and your advocate will keep delaying the proceedings before any maintenance is granted...in your case it seems wife dosent want to stay with you..I am not a lawyer but my dv case is running for years and in my personal opinion family matters reaching court is unfortunate...try one last time for some settlement...but if you have decided to contest case than it is better to read a bit about domestic violence act..

If your wife has filed under section 498 A 

than this a much stricter law where provisions for arrest etc are there...read about it as well and consult a good lawyer..

Also note that wife had legal right to file these cases in city where she resides so you will have to contest it there only...

 

 


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