Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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HK_Jain... (498a Fighter)     13 February 2012

Harassed by wife and in laws

Dear Experts

 

My problem is that my wife having a short tempered. My In laws  interfere a lot in my matrimonial life & misguide my wife & create disputes. She does not like my mother or any my family member. First I lived with my whole family but due to her I separated from my home and lived alone only with my wife & 8 months daughter in a rented home. Now she want that I even could not go to my mother place. And she was also not allowing visiting my daughter to my parents. I am frustrated with my wife behaviour. I complain this to my father/mother in law also. But she always supported his daughter. His father threatens me to use dowry law against my whole family. 

 

My wife has been staying separately since 17 November 2011. No contacts have been made till now except for when she filed case in Women cell in Delhi, Nanakpura dated 2 January 2012 to appear before this on 10 January 2012. I attended the cell and gave my statements, Police found nothing in the case. They forward it to counselling session after agreeing and signed the request for counselling form. Counsellor gave next date to visit i.e. 19 January 2012.

 Mean while my wife lodged another complaint in CAW cell, Rohini & Delhi Mahila Ayog, I.P. Estate to give me more trouble & tortured. On next hearing on CAW Nanakpura I told the counsellor with the same, she told to my wife to cancel the complaint filled in another cell.  Then she cancelled complaint in CAW Rohini but not in Delhi Mahila Ayog stating that it is not CAW branch she wants to drag me in several cell on same complaint of 498a.

I called My father In law to cancel the complaint in Mahila Ayog as I am already attend all the counselling session in CAW Nanakpura he told me that she is ready to live with you if you live with her in your parental property home not a rented room stating that convince your family to give their home to live otherwise my wife will filled a false complaint of 498a against me & my family.

I request you to have look on my case & closed complaint against me in Mahila Ayog as I already attending CAW Nanakpura.

Questions are

1.) Do I have to attend before Mahila Ayog while I am already gone through CAW, Nanakpura

2.)Can I send written statement to Mahila Ayog about this If yes please share me the mediums and number(if possible)

3.) Give me appropriate answer about the story, What can i do?

4.) please light on some legal aspect what her father told me?

5.) Suggest me also?

Regads

Hemant



Learning

 8 Replies

Never Give Up (Fighter)     13 February 2012

I think they are eyeing on your property now.

 

Once she comes to your place, you see all family members comes in to perview of "shared house hold", so domestic violence case can be filed to all family members.

 

Its bettter to stay away from family members to prevent them from any possible harassment. Start recording the calls and gather proofs of innocence.

 

Be parepared for 498A . Visit website 498a.org there are lot of people from delhi and they can guide you in person during their weekly meetings.

 

Regards

A1(498A)

Bhuneshwari Devi (Advocate)     13 February 2012

Hi Hemant

1- Stay wherever you are staying now.

2- Take a anticipatory bail based on the complain she made, if you want to avoid arrest.

3- Yes you can send written reply but it should corborate your earlier statement and it will not harm you if you attend it personally.But be very carefull before signing any papers.

4- Legal advice depends on what you actually want. If you want to stay with her tell this in counselling session make sure about your condition like staying in rented house etc. If you do not wish to say with her then you can file for divorce but remember you have to pay maintance to her if she is not earning.

 

Adv Bhuneshwari Devi

  www.jaipuriar.com

HK_Jain... (498a Fighter)     13 February 2012

legally, Can she/ CAW  cell insists me to leave in my parental home?

Never Give Up (Fighter)     13 February 2012

No. She can not. Till the time you are providing her accomodation (irrespective of rented /own  whatever) she can not insist you to live in your parental home.

 

At this moment torture is limited to you only. Once she comes in to your parental home it would affect all family members..keep this in mind.

HK_Jain... (498a Fighter)     13 February 2012

Hi Never give up

Thanks for giving me reply very soon

HK_Jain... (498a Fighter)     08 March 2012

Hi Experts

Thanks for your guidance

I do sthe same as Ms. Bhuvneshwari Devi.

Got AB for me & family.

Attend all the dates for concilation.

I had Written a letter to Delhi Mahila Ayog stating that please closed my complaint as I am already attending CAW nanakpura.Also attached summons of CAW nanakpura & DCW also by speed post.

But they aside it might be..My hearing date was on 15 feb 2012, and they re-issue the summon on 17 Feb to DCP,Now I got summon by delhi police of 19 march.

It means they want my presence once as they ignore my letter to them?

And what to do now?

Please share some suggestion?

Bhuneshwari Devi (Advocate)     09 March 2012

Hi Hemant

If you have received summons then you should attend personally.Present your case as you did in earlier places.You should not change your statement otherwise it will go against you.

My advice ,if you are fed up with her and dont want to continue your marriage then send her notice for divorce tecnically you cannot file for divorce it requries 2 years sepration.But that will set the note.If she wants to stay ,she will change her behaviour if not you can atleast use this notice , if she file for 498 A.

If you are lucky and if she agrees for mutual divorce for some settlement amount then arrange for it .

 

 

Regards

Bhuneshwari Devi

HK_Jain... (498a Fighter)     09 March 2012

Hi mam

hmm, But I can also filled divorce on the ground of cruelty. Is it not?

What is the different between Divorce Notice & Divorce petition filled?

 

Regards

Hemant


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