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wilson (service)     05 April 2010

HOW 2 SAVE A DVC VICTIM ?

hi all... kindly read this case patiently and kindly give the correct advise as my friend  [ 58 yrs old] who is victim of DV case filed by his wife.

[1] his daughter was involved in a cheating case with support of her mother [in 2002 ]and both mother and daughter used to torture him for not supporting them [the case came to light when the employer of daughter was caught by police and during the interrogation it also came to light the daughter was married her boss secretly, may be with knowledge of mother who is always supported daughter and her boss. knowingly about the cheating case as she herself promoted their business by cheating her own colleagues. After the daughter episode came public, unable to face the sympathies and lost face in society, my friend left his job in depression by which time, his wife was made to leave her job as she also involved in cheating her own colleagues in same business. After 5/6 months for livelihood, my friend started a hotel business which was co-managed by his wife as she is sitting idle at home and made him to incur huge losses and finally he had to wind up and joined in a small job at a discounted salary. He had to dispose his hard earned house site to repay part of the loans for Rs. 3.00 lakhs which is now worth 45 lakhs and took a small business loan before he wind up the business for which bankers have taken his wife as suirity as they found her active part in business. My friend’s monthly commitments were rs. 20000 per month against his salary of rs. 8000 pm in which he has to bear son’s pg education [ 4000 pm and petrol and personal expns.. leaving only rs. 2000 to pay the banks loans/credit card payments. So loans accumulated fourfold and he was managing by borrowing again on cards and converting as personal loans. Both mother and daughter’s torture came to climax as he was kept in dark in family affairs and abusing by them to maintain the family as it is his duty as husband and they are not responsible for his financial commitments as those are his penalty  for his mistakes. after 6years  unable to bear the torture,  on his lawyer friend’s advise,he planned to file divorce case and both were walked out of house. After one month wife came back under compromisation leaving daughter outside on her own wish,  and started insulting my friend, by performing her daughter's second marriage without knowledge of his or his family elders , abusing and relating extra marital relations when a phone call from is received from any lady etc. he finally came out of home and next day DVC case was prepared[ as per date of signature on DVC petition]  but unable to file for another 15 days for want of complaint with women welfare dept as police refused to entertain her complaint due to the ages.

[2] her family lawyer, who used to handle daughter's criminal case and her divorce cases, mislead and managed the lower court saying that because daughter's first husband involved in cheating case and just because she is his wife police involved her also otherwise nothing is there and the case was dismissed . [ the fact is that my friend's daughter is promoter director of the cheating business and ROC documents are available with us such as MOM, AOA]. My friend mentioned about this in his reply in his counter but their lawyer avoided further arguments etc, during the cross examination of my  friend. His questions were tricky and morphed the answers as per his convenient and finally argued and managed to get the magistrate order in their favor in which most observations/comments of magistrate were never raised during proceedings and only basing on DVC petition contents, magistrate passed order without allowing my friend's objections for the allegations and demanded to prove by the petitioner. without any opportunity, magistrate closed the case in a period of one and half month [ 2 or 3 adjournments] which was prolonging for one and half year during his predisor magistrates after the arguments started. Her lawyer played such tricks by making her absent continuously making the magistrate to issue orders against her and then filed petition to allow the proceedings etc resulting avoidance of further cross examination her. They managed the my friend’s lawyer also who has not attended the court for submitting his arguments, instead simply filed a small petition to quash the case. Magistrate passed many insulting comments branding my friend as womanizer only on the basis of DVC petition contents and finally ordered NOT TO REMOVE THE PETITIONER FROM THE HOUSE. In fact she is only staying alone in the house as my friend walked out unable to bear her insults in front of his family elders and not allowed him to reenter by changing the lock of the house.

[3] My friend appealed to Sessions court where the lower court's order is upheld for not removing the DVC petitioner from house.

[4]. She made her son to leave for USA without informing my friend who came to know only after 5 days he left.[for doing PhD] though my friend is instrumental in getting VISA by submitting a solvency certificate worth 20 lakhs and co-applicant of son’s education loan. His son is not responding for his emails as we don’t know his phone no or any other contact details. His wife and her lawyer submitted in lower court that my friend had no care, love and affection about kids as he never bothered to talk to his son. When she made her son to behave like so, how cruel she is to submit in court? Once my friend took out his belongings and other essential items from home for his independent living, she changed the lock of the house and filed police complaint.  Even after filing DVC case, she tried to insult him by contacting his MD on phone and enquired whether he knows that my friend is having extra marital relation with his colleague, under impression; the MD will sack him from job for such activities. But MD shot back and warned her not to spread such false rumors as our company doesn’t have any female employees.

[6] His son who went for PhD discontinued and joined in MS in other branch and other university where my friend’s sister-in-law and her husband are working as professors. By this way, his plan to PhD with was disturbed and forced to do a course with self finance, may be their family is supporting on condition to abandon his father permanently.  This came to light when my friend was trying to know the welfare of his son through his classmates and other professors in confidence.

[5] Now friend have huge financial commitments towards banks against personal loans which he don’t want to escape. But his financial position became worst after he left his full time job in depression after the incidents took place after filing the DVC case. His only option available to him is – take a secured loan from any bank by mortgaging the house and repay the loan installment from the rent proceeds if his wife vacates the house so that at least his son can enjoy the property   or since court ordered not to remove her surrender his rights to the banks already financed and ask them to recover from her or on the property. He was able to repay 24 instalments of small business loan took from a bank by depositing the title deeds of his apartment which is in his name. and failed to repay balance 12 instalments. When bank gave notice to auction the house, he convinced bank manager to accept small part payments with an assurance to clear the loan in a year time and paid two months. By third month, his wife played a trick and bank manager refused to accept small payments and demanded 50 % dues immediatly . She paid the entire amount in the capacity of SURITY and gave a letter to Branch Manager not to release the documents till the court give order. Court didnt mentioned anything about this and documents are still lying in bank. Now she as legitimate wife and surity occupied the property and making life of my friend miserable.

At this situation, my friend is [so sensitive] so depressed and unable to do any job also for last one year and his employer is paying half the salary treating him as a part time employee.

 kindly advise the correct steps he can take to save the property and come out of the clutches of his wife's cruely including any way for filing divorce and appeal to High court ...

 

 



Learning

 5 Replies

S.B _Kolkata (Service)     05 April 2010

Let us get some time to read the all.......

wilson (service)     07 April 2010

I HOPE THE POSTING IS NOT MISSING THE EYE OF SENIOR ADVOCATE MEMBERS...

WAITING FOR SOME EXPERTS' GUIDENCE HOW TO PROCEED IN THIS CASE...

REGARDS

Lawyerscba (Advocate)     10 April 2010

Mr. Wilson,

1. Your first case is with regard to Divorce.

What was the grounds taken for divorce in the divorce petition?

2. Your second case is with regard to mortgage of property.

Did you got written assurance from bank with regard to small payments?

If your wife has paid the entire amount the property is free from mortgage. If the title of the property is yours then you are sitll the owner of the said property.

Lawyerscba (Advocate)     10 April 2010

You can make an application to the court with prayer to direct the bank to release the documents as the entire amount has been paid to bank.

wilson (service)     20 April 2010

hi sir, bank manager withheld the titile deeds on written request of his wife who paid the amount, manager informed my friend that documents will be released on court order.but in order passed by magistrate in dvc case mentioned that he is not going into details of ownership but she had right to stay in apartment as his wife.. in this circumstance is it necessary again to request the court to issue an order to release the documents which has no relavance in ownership in DVC case?amount was paid in Dec 2009.

any time bar is there to claim the documents by my friend?

my friend intends to take lawyer's help and issue a notice to bankers to release the documents. but he cant go to the lawyer who is advising to go for appeal in high court and my friend is not yet made up mind as lawyer is not able to put the criminal acts of DVC petitioner and he is loosing case in all courts. so v intend to file with experts advises in this forum and on our own.

regards


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