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sandy (engineer)     27 July 2013

Getting divorse and avoiding 498a

Hi,
I am married in 2011 and my wife mother, grand mother and her aunts are spoiling her by saying to her that i am not allowing her to do job (when i was married she dont have any job and i searched so many jobs for her), spoiling her future, treating her like slave etc. They used to call her 5 to 6 time every day when i leave for office. My father-in-law left my mother-in-law when my was 3 years kid because of my omther-in-laws mother(my wife's grand mother) and her sisters(my wife's aunts) involvement. Now the same thing is happening to me. Two days back my wife left my house when i was in office, when i went went to my home it was open and i enquire our security he said she left with bags at around 7:30 pm. I called my father-in-law and i told him the same thing. He asked to file a missing case in police station. I went to police station but they asked me to come on the next day morning and file the case and wrote my name and my wife name in the register they have. she came back to my house on the same day at around 11:30 pm. Next day morning her aunt called and saying they will file the case in the police station. I recorded her aunts call, my father-in-laws call and the conversation between me and my wife saying that she went to commit suicide when i asked wher you went with bags. I also has other conversations of my wife saying bad about her aunts. Please guide me to handle this. All this happenings i didnt informed my parents as they are in their old age around 75Y and i dont want to give pain to them. Please help me. I dont want leave with her anymore as she tells lies for small small things.. the way she thinks(negative), the way she speaks(foul language), the way she behaves.

Thank You



Learning

 13 Replies

sandy (engineer)     27 July 2013

One more thing she got pregnant in sep 2012 and her grand mother and mother adviced her to abort the child as she didnt got the job and she reuvestd and cried  to take to hospital and to do the abortion. I have the audio recording of her saying her grand mother asked her to abort and she also feels as she doesnt have the job for her future she aborted the child. will this be useful for filing divorse and in cases of 498a and DV

Adv Archana Deshmukh (Practicing Advocate)     27 July 2013

If no 498A or dv is filed against you then thinking about your kid try patching up if possible. Do not try to handle the situation all by yourself. If you do not want to involve your parents its ok but you can take the help of other relatives or friends who can talk to your wife / in-laws to arrive at some compromise. Even if you want to go for a divorce, try for MCD first. If she files some cases then, fight it out.

sandy (engineer)     27 July 2013

Thank you for the reply. We dont have any kids, she did abortion because she dont want to take responsibilities and she wants to get the job first. Her aunt called her yesterday and saying they will the case of DV and 498a. My father-in-law is supporting me as such he also sufferd alot in his married life. She will not accept for MCD. Some times she supports her DAD, some times she supports her mom, aunts and grand mother some times me. She is some what fickle minded. She dont know what she wants to her ..to lead a good life. she will be always in a biased state. She dont even think what she is diong (wether it is good or bad). She always depends and believes on her mother, aunts, grand mother. They always put blames on others. What to do?

Adv Archana Deshmukh (Practicing Advocate)     27 July 2013

But why don't you take the help of other relatives....? Your FIL is supporting you is a positive sign. Talk to her dad politely and skillfully that if she listens to her relatives and file some false cases of 498A or dv then, the marriage will be broken forever, he will surely put pressure upon her for not doing silly things. Visit some marriage councellor to improve the relationship.

Adv. Chandrasekhar (Advocate)     27 July 2013

Try to settle yourself and your wife in a new place far from the present place, where your wife is physically not accessible to her female relatives.  And the other most important thing is let her get a full time job and you also put your best efforts to get her job.  "An idle man (woman)'s brain is devil's workshop".  Once she gets a job, she stops to think on unnecessary things and start to live happily.  In a metropolitan cities, after a day's hard work and daily domestic work, the energy is snapped from the body and no one, either you or your wife, has any energy to fight with each other.  If this advice is not practical for you, then try first for MCD and if she does not accept for that, you have no option except to go for contested divorce, in which, the grounds you narrated appear to me are not strong enough.  At the same time, also anticipate Sectin 498-A and DV cases, when once you file divorce case. 

sandy (engineer)     27 July 2013

Thank You Very much for the reply. My wifes resume looks some what like this 10th 63% 12th 60% btech 58.2% and metch 75%(deemed university). With this resume i searched so many jobs and forwarded to so many people, but no use. I asked her to try for bank/govt jobs and adviced to think and take right step. She wrote so many exams but not succeded. It took 2 hours for me to explain how to calculate %(30% of Rs70) and do some %problems. With all my observations and understanding of her i came to know that she doesnt have basics. I explained the same thing to her and asked her to take time and learn the things. evry day once i leave the home phone calls from her mom, aunt grand mother used to come and they will quarell on one another, complain on one other. All these ladies doesnt like my FIL and they used to tell some thing or the other on him. On my marriage day also they all quarelled with him. With all thses every day, she even cant study hardly for one hour, so how she will succed. I told the same thing to her and she listens some time. after 2 days the same routine. with all these they are blaming me that i am not allowing her to do job, i am niot allowing her to speak with them. I am fed up with all these non sence things. All these things look silly, but i am not in a position to look after my old parents, to visit them once in a while, to spend some money for them. MCD is not possible as she feels it is bad in social life. what is the possibilities of contested divorce. If 498a or DV files by them with out any verification will the police arrest? what  safety steps i should take so that atleast i can stop my parents arrest. Please advice.

Thank You,


(Guest)

@  Dear Querist,


When tsunami came , only two creatures survived:


1. Birds

2. Fishes


You know why?


Bcz  first was not a part of that tsunami and other was a intense part of tsunami.


Now,I will come to the conclussion,


In this marital tsunami if you are a bird then you can easily fly away leaving no sorrows.


In this marital tsunami if you  are intense fish just like husband with her then also you can survive having no happiness.


but but but........


You need humesa k liye legal chutkara------isn't it?


So, be calm,cool and have pateince


1. Hire a khargosh type advocate not tortoise type.


2.  Collect the proof from the hospital from where she had oborted her foetous/your baby.


3. Record all the wife chalisa which she tunes to you


4. Make your FIL accompany with you have some strong whisky with him and make him freind in law rather than father in law.


5. Now,the time has come to depart the Last option of men i.e, Divorce------and fight with tooth and nail,you will achieve within 2 years.I sure.

 

and for false 498a or DV don't do anything let her to do all thing.

As it is your benefit that she will file false cases on you.

 

False cases by wife = 100% divorce decree to husband



Thanks & regards,


A sufferer.......

1 Like

sandy (engineer)     27 July 2013

Thank you very much sufferer. 
After reading your advice i am getting more courage to face the problem. Thank you Friend. I have the hospital proof (prescrption and reports).  Can you advice any good lawyer from Bangalore. Shall i file contested divorce? Please advice

Thank You,


(Guest)

Thank you very much sufferer. 
After reading your advice i am getting more courage to face the problem. Thank you Friend. I have the hospital proof (prescrption and reports).  Can you advice any good lawyer from Bangalore. Shall i file contested divorce? Please advice

Thank You,

------------------------------------------------------

 

Yes you can but before this you can approach her for MCD.If she denies then court is even open for beggars.


for your case following things will happen if divorce been contested by you:


1. She will file false cases on you (don't afraid,just relax as ever,get AB as soon as possible)


2. She can claim maintenanace by folloing sections 24 HMA,125crpc,18 HAA and lastly 25 HMA


 so,any how you can't hide your self as not paying maintenanace to her if she has no source of Income.


3. As you have reports of abortion,just fight on this basis along with other mental cruelities done by her.


Getting abortion without consent of her husband is very gud point to contest divorce on mental cruelity.


Warning------------Don't succumb on her false cases and illegal/hefty settlements during MCD or even during contested divorce.


No,I don't have any idea of khargosh type advocates in in bangalore,but yes you could search on this LCI  or start a seperate thread asking your query for lawyers in bagalore who could help you.


Go brother go.......achieve your freedom!


Thanks,

1 Like

Shekhar (Proprietor)     27 July 2013

Sandy, I am also from Bangalore With All DV & 498A Case On Me. Call On Me on 9731110296. All types of khargosh & Tortoise  type advocates in bangalore Known to me.

Regards

Shekhar

sandy (engineer)     27 July 2013

Thank You  Sufferer for the reply and advice...thanks brother, shekar i will give a call to you.

Thank You,

Adv k . mahesh (advocate)     27 July 2013

as per the query it is very interesting to hear from you that the grandmother is influencing your wife by saying to take up job so why problem as per her qualification let her search a job and do because if you look a job and if she is not satisfied and you will be blamed give her freedom to choose and let her leave her own terms for some time and show her the consequences if not qulified what job will be there for her 

and about the thiings you told about mcd or any other things it is better to take some more time and involve some relatives from her side to talk to there mother and grand mother and sort out the problem because some one will be there to settle from there end look out for the suitable person who can solve and also the person should be capable means your mother in law accepts that person words 

sandy (engineer)     27 July 2013

Thanks mahesh, I told so many times to her to go and find some suitable job to her. After i leave for office she can go and find till 8 pm. Then she will tell some cock and bull stories like we will try on saturdays like that. Her grand mother is a peculiar person. she has four daughters and all these five are like one group. They will not allow others to interfear and all other relatives of them maintain distance with them. No SIL and their families of her speaks with her. If someone asks something or tells something she used to call four daughters and tells some thing adding some spice to it. The all five are foul mouthed womens. From their side no one is there to talk. At the time marriage my FIL only interacted with us. Now they sidelined him.


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