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Shaz (Senior Engineer)     13 October 2011

Habeas filed..pressure from police to divorce

Hi,

This is the second time, that my mother in law is trying to play hide and seek with my life and my wife's life.

She did the same in July when she came to our apartment at late night and force fully took her daughter with her and eventually my wife ran away with me when she had a chance to go outside after 2 weeks of no response from her family. The police called us after we ran away and wife replied that she is grown up and she is going back with her husband on her choice and they shouldn't be worried.

Now they acted nice to me and made me come home with my wife and made me agree to let her stay at her home for a week and now they are hiding my wife from me. They are on a run. I have no clue about the whereabouts of my wife.

I waited for weeks to hear a word from them saying what is it that they didn't like or what was the problem?

No answer..Instead a lawyer contacted us on phone and said lets us compromise by me divorcing the girl at the office of the lawyer but the girl will not come there. I have to come there with all jewels, wedding CD, albim and sign on the paper they show or else they sue me with 498A.. I don't how I can divorce a girl at the office of the lawyer.

We filed a complaint at our local police station and copy to the police station near their home.

The girl's mother and 2 self proclaimed police men from her police station and a politician came to our local police station and kind of forcefully took my wife's passport and certificates from us. Still the wife is not in the picture. The local police was also on their side. They even came close to beating me. They also said, give the documents or else we file 498A against you, your parents and your sister.

Dejected by this experience, I filed for habeas corpus. The court ordered a detailed investigation to the local police stations and submit a report on 11th of October, which they did. Court seeing something fishy in the girl's statement recorded by the police, ordered the police to produce my wife on court on October 18th.

On the very same day, the Circle Inspector of the local police station near my wife's place called me on my phone and pressurissed me to divorce my wife. I said I am fighting in court to live with my wife and if my wife don't want to live me, then let them tell the reason and then divorce me. I am not going to divorce.

He later called me in the evening when  my father attended the call. My father also said the same thing.

"We still love our daughter in law and we want her back. If she has a problem with my son, let her divorce."

But he too was talking to a radio..the Circle Inspector was adamant that I divorce the girl...

Furious my father said that he don't have anything more to say as the case is going on in the court and end of call.

The very same night, I got information that the girl's mother came with a lorry and moved all her household items to a new home somewhere else.

The next day, I got a chit from Post OFfice saying that a notice from a lawyer from my wife's place is waiting for me at the post office as I was not home due to work.

What am I supposed to do now? What could be in that notice?

Habeas Corpus is pending judgement in 5 days..Police is pressurising me to divorce my wife...Notice from lawyer...The wife has not at all come in to scene so far...I still beleive that she is innocent and loves me..


I am totally tensed and clueless regarding where this is leading to...



Learning

 8 Replies

Shaz (Senior Engineer)     13 October 2011

One update..Just received the copy of the judgement from highcourt.

In the police statment prepared of my wife, she admitted that she was taken away from in July and ran away with me without telling anyone. That is the reason why the court has accepted my habeas petition and ordered the police to produce her in court.

SHAILENDRA SRIVASTAVA (MANAGING PARTNER)     13 October 2011

DEAR SHAJ,

                     YOU ARE NOT TELLING THE REASON WHY YOUR MOTHER-IN -LAW IS DOING THIS ALL TO YOU. THE BEST WAY TO FIGHT YOUR HABEAS CORPUS PETITION. YOU IMMEDIATELY FILE AN AFFIDVIT IN YOUR PETITION STATING ALL THE FACTS & CIRCUMSTANCES AND LEAVE UPON THE COURT TO DECIDE YOUR PETITION.

1 Like

Shaz (Senior Engineer)     13 October 2011

Hi,

Even I don't know why my mother-in-law is doing this? 

I expect her to giv an explanation to this as well when d police bring my wife to court.

The court has seen my 5 page long hand written detailed complaint I gave to the police.

SHAILENDRA SRIVASTAVA (MANAGING PARTNER)     14 October 2011

THEN YOU PROCEED THE WITH AFORESAID ADVICE.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 October 2011

Dear Shaz,

 

They would need to produce the wife in court.

 

Thereafter have a chat with the wife, ask the judge for mediation and counselling. It would take out all other actors, i.e. MIL, Lawyer, Inspector from the scene.

 

Have a heart to heart chat with your wife and try to resolve the things amicable.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Shaz (Senior Engineer)     14 October 2011

Thanks for your reply Shonee. My lawyer also said to me that he will try his best to move this to mediation.

But what really happens during mediation? Are we supposed to talk in front of a neutral lawyer?

What if wife remains adamant that she won't come back with me?

Also, what if my wife remains adamant that she will not come back with me? Will the court refer this case to the family court / who will have to file divorce?

The copy of the judgement is sent to my mother-in-law, sister-in-law and the Sub Inspectors of both local stations. But I came to know from my aunt that my mother-in-law is planning not to accept the notice that will be send to her but the police will make sure that my wife appears on court as ordered, right?

 

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 October 2011

If wife is adamant nothing can be done.

 

But talking would help in resolving certain things.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Gagandeep Goel (Advocate)     17 October 2011

Hello Shaz

As per your case, I will advise you few things.

Primarily, get a call recording software without beepo from the local mobile dealer and record all the conversations made with any person in regards to your case.

Secondly, ask for the presence of your mother in law in the court and make her explain about the where abouts of the dauther. She will either accept or reject the contention and that will become the basis of your future conduct.

Thirdly, Engage a private detective who can make enquiries as to where the famly is and then present the facts before the Honb'le Court.

I believe this is the only chance you are carrying right now.


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