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Gaurav Malhotra (NA)     14 November 2009

My Wife file case against me U/S 125 CRPC

Hi,

I got engaged marriage on 2nd November 2008 after wards my wife didn't allow me to make any physical relationship when I told her that I will speak to her parents she rush from my house also took some sleeping pills after serach of about 3 hours I finally got her sitting in one metro station,I took her in her parents house where her father requesting me to took her with you and we will discuss later on.Very next day her parents came to my house and they really fired on her daughter, She felt sorry and said she will not did again. but nothing had changed on july 22 I got call from his brother saying that she need to come to their home as some relatives are came to meet her once she went then in evening again I call from him saying that as relatives want to spend some more time with her so he requst to leave her for one more night I  said no problem.Next day afternoon he dropped her in my house and went away but that girl(my wife) was in differnt mood she started abusing me and my parenets and went out my house with in 10 min approx 50 people forcally enter my home and slap my younger brother and abuse my mother and  bhabhi then they started blaming that we are demanding dowry and hitting their daughter and all they done was fully planned as with in 5 min police also came but we have local counciller residing near to my house he came and her father give in written to the police that he is taking her daughter without any damage.then their relative friends started coming our house one of her father friend also known to us came to my house and took me to the nursing home their they had my physical test and everything was perfect doctor gives the certificate also that myself is 100% ok but when that person shown the certificate to her parents they told him that this is not  valid you should give money to made this.

Few days after I got call from women cell they called me also i explain all the details with them but that is truely not a place where men should go as there is no one who listen for men whatever womens are saying they belive on them only.

Actully my wife on the very first day give us the list of the article and loads of false things .

Finally the settlement took place at 7 Lacs.

Meanwhile they also put case against me u/s 125 CRPC fro demanding money.

When we reahced court my bad luck the supream order order come that no court having a right to decrease the period as thta time my marriage was not completed one year neither we are saprated for 6 months. So court rejected the petetion.But on the second hearing court told them to took away the case they filed against me u/s 125 which they did.

Now just today I again  get the notice that my wife again put the case against me u/s 125CRPC.

My salary is 50000 PM while i am the only source of income for my home My father is a heart patient and my brother is hadicapped.Also I took loan for my marriage and also took loan to pay 7 lac whose EMI is approx 25000 for both the loans.

Now pls suggest what should I do. and what all I can do.



Learning

 8 Replies

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     14 November 2009

 

 

Plz clear whether u paid 7 lac or not. And if paid whether u made any written agreement and sign the compromise deed or not.

Regards

adv.kamal.grover@gmail.com

anilsharma (Advocate)     14 November 2009

can u send me draft of maintenance under section 125

Srinath Kondapally (Advocate)     20 November 2009

can u send the draft of 125 Cr.P.C. to me?    & as well as  particulars of 7 Lacs.settlement skondapally666@gmail.com 

 

Gaurav Malhotra (NA)     21 November 2009

Hello Sir,

As per the new judgement of supreame court my case got pending as we are not completed one year of sapration the drafts are still lying with me they had tried to get but i clearly told io will give them in front of court only.

 

Regards

Gaurav

Srinath Kondapally (Advocate)     21 November 2009

it is better to proceed with proper steps beforelok adalath if they are with clean hands they will cooperate with u if otherwisee  u may approach proper criminal court basing on the drafts of7 lacs settlement and 125 cr.p.c., against ur wife and her persons u/s.200 of cr.p.c., for their illegal acts, due to threat and apprehension cused to u, prior to this first of all u must decide whether u are interested on ur wife or not, and accordingly u can take steps against ur wife, any have if u want perfect advise from me  sendme the drafts of 7 lacs settlement and 125 cr.p.c.

K. Rajendra Prakash (Advocate)     22 November 2009

I understand that you paid Rs. 7,00,000/- to her.  Whether the amount was paid towards permanent alimony or for what.  Is there any thing in writing.  Are you ready for divorce. Court will not entertain  application for divorce before expiry of one year from the date of marriage. What kind of settlement that took place between you.  Kindly clarify, so that I will be able to express my opinion.  Women's protection Cell is not a place where the husbands/men can go, as rightly said by you.

Hardik Mehta (Family Counsellor)     24 November 2009

It is very unfortunate happened to you. Since you did not have the physical relationship, you should have gone for the annulment of the marriage rather than divorce.Nothing has lost now.

You can file the recovery case of 7 lakhs stating that this has been taken by you forcefully, by doing such acts which is not necessary by the public servent. Parallely inform the IT department about the illegal money and see if the tax has been paid. This way they have to tell the IT department the truth if they want to save themselves. This is important to you as you have got the proof. 125 will not be maintainable in this case. All these acts are pre-planned to extort money from you. Now, you need to fight the cases. Such greedy people needs to show the legal fightback.

Prodyut Banerjee (Advocate (Corporate Lawyer))     25 November 2009

I think Mr. Mehta's suggestion is very much practical and useful. Such people should be taught a lesson.


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