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syam ( )     22 March 2016

My wife not coming to me

Hi Sir, 

During 2014 my wife filled false 498A on me and my family and demanded me for 30laksh. i refused to give said that "will meet in court". later before court summons only she withdraw the 498A. we are away till now. She is not coming and she is saying her parents are her responsibility. She is saying she dont give divorce to me . Its already 2 years that she left me. Now she is saying her parents appulu is her responsibility so for that she will go abroad and clear her parents appulu and come after 6 months. I refused it. i am asking her to come to me but she is saying tat as she is doing job i need to accept all the conditions that she keep about her parents then only she will come to me. she is not coming to me.

On angry i have posted my situation in FaceBook with her friends. so that they will tell her and make her come to me. again she angry on me saying that she will keep criminal case on me for that post in fb ?

I am vexed. I want divorce now. till now i loved her she is taking care of her parents instead of her furture my personal life is disturbing. 

Please advice ? how to apply divorce. ?

1) How to apply divorce ?    2) Since i have posted my situation in Fb on my timeline and share with her friends. is that a crime ?

3) She is suffering with PCOS in advance stage ? doctor said its not possible to give birth to kids naturally ? we should go for artificial methods. ?

On what bases i should apply for divorce ?

 

 

 

 

 



Learning

 14 Replies

saravanan s (legal advisor)     22 March 2016

Since its more than two years since she had wilfully deserted you, you can file divorce on the grounds of desertion and cruelty.as far as the post you made is concerned only after looking into the contents its possible to say whether it constitutes criminal offence or not

dr g balakrishnan (advocate/counsel supreme court)     23 March 2016

she had rightly said her parents have loans, any daughter would love her parents 

your posting on fb is a libel ; plead to her that you made a great error out of anger

divorce will not sort out issues, as every woman has her oe=wn resoonsibilities to her psrents as you to your parents , better go meet her and get duly poperly counselled,


(Guest)
Originally posted by : syam

Hi Sir, 

During 2014 my wife filled false 498A on me and my family and demanded me for 30laksh. i refused to give said that "will meet in court". later before court summons only she withdraw the 498A. we are away till now. She is not coming and she is saying her parents are her responsibility. She is saying she dont give divorce to me . Its already 2 years that she left me. Now she is saying her parents appulu is her responsibility so for that she will go abroad and clear her parents appulu and come after 6 months. I refused it. i am asking her to come to me but she is saying tat as she is doing job i need to accept all the conditions that she keep about her parents then only she will come to me. she is not coming to me.

On angry i have posted my situation in FaceBook with her friends. so that they will tell her and make her come to me. again she angry on me saying that she will keep criminal case on me for that post in fb ?

I am vexed. I want divorce now. till now i loved her she is taking care of her parents instead of her furture my personal life is disturbing. 

Please advice ? how to apply divorce. ?

1) How to apply divorce ?    2) Since i have posted my situation in Fb on my timeline and share with her friends. is that a crime ?
 Forget all this.  FB etc.  Social media, anybody can talk anything nothing will happen.  She is simply trying to scare you.


3) She is suffering with PCOS in advance stage ? doctor said its not possible to give birth to kids naturally ? we should go for artificial methods. ?
 First she should come bakc then u guyst should join together, then u can think of all other measures of cocieving.  Party itself is not there how will you produce kids?  If she has PCOS, you can go for treatment.

 


On what bases i should apply for divorce ?

 

 

 

 

 

You married her not her father's debt.  The loan that her father took is her father's headache.  Today, tomrw if you take loan will her father come and pay back, in case you are not able to pay back the loan?  No.  He will tell you took your headache, why are you involving me.  Same way you should tell your wife, if she had to take care of all such things she should not have married you, she should have stayed unmarried and taken all responsiblity of her fathers present and future loans.

 

Forget all this.  Your wife if you would have taken loan would she have helped you in repaying the loand you took?  No.  She would create lot of drama and humiliate you in eyes of soceity.

 

Dont take a 498a wife back.  A 498a wife is always dangerous and should not be trusted.  

 

Dont listen to such peoples words where they tell you, daughter love her parents and should assist in repaying loan.

 

Today she is telling she will go abroad earn money and come tmrw she will tell something else according to her fathers whims and fancies.  This thing will never end.

 

First and foremost, file RCR petitoin asking her to join you in two weeks time since its more than 2 years of separation. Failing which you will be forced to file divorce.  That is first option.

 

Second optoin is, go talk to your great father in law to give mutual consent divorce under 13b HMA, as he is the key behind all this.

 

Third optoin is file divorce under 13-1(a) of hindu marriage act based on desertion.


(Guest)

Girls parents if things are like this wont first of all get their daughter married in the first place.  Either you are making it up or she is making it up that she is wanting to repay fathers loan.  No parent will ask their kid to repay the loan with marriage of their child at stake.  There is something more to the picture than what you  are telling.  Advice has been given thinking that your version is true.

syam ( )     23 March 2016

Hi Sir, 

What ever i have posted in FB are the conversartion that happend between me and my wife . I have saved voice recordings and messsages as proofs. 

What ever she spoke to me in calls or messages i have posted . Is that a crime. I want her friends to know this and give her advice to come to me. 

Is that a crime ?

What ever i posted in FB "I have evidence as messages and call recordings." ?

Her parents took her Talli (mangalsutra) and her gold and kept as loan and took money. is it possible to keep case on her parents for keeping Taali as loan and took money for there personal use ? 

Advocate Ram Prasad (Chief Lawyer)     23 March 2016

Is she the only child of her parents?. I quite agree with opinion of Dr.G.Bala Krishnan, however its true that you have married her and not her fathers debts. My advice is that some thing else is there which is not surfacing here between you, which is best known to both of you. She filed 498A etc only to scare you, but she is not intereested to break off from you as she has with drawn those cases. You are safe that she is earning as disclosed so you wont be pestered for maintenance etc. Try to save the marriage by going to her and speak with her parents also. she can find some job at your place and support her parents if cause is genuine. If nothing works exercise ur legal options but in matrimonial cases our law seems incomplete in giving remedy, as I see at the end both parties compromise at some point or the other to get out of the court!!. therefore why not do it amicably by avoiding to go to court at all.

Regards, Advocate Ram Prasad, Vijayawada, Cell: 91777-22930.

Advocate Ram Prasad (Chief Lawyer)     23 March 2016

Be slow in taking harsh steps in matrimonial matters.

syam ( )     23 March 2016

Hi Sir, 

Forgot to say.

1) My wife mother saying that she will reopen the false 498A case again if i wont give money ?

2) Is it possible to open the closed 498A case again ? 

3) I am asking my wife to get clear all loans which ur parents took before marriage and come to me will start new life. Is that a crime ? I am asking my wife to cleart our appulu first later if we have money will can show ur parents onw way to stand on there foot. but she is saying she will pay till life time . I need to accept else she is saying she wont come and she wont give divorce ?

I dont know what to do ? i want my life .... i dont want to stay vth her i cannot accept there parents (they are cheaters , they kept IP in vijayawada and came to vishakapatnam , here last month they took lakhs of money as call money and escape from vishakapatnama and stayed in rajamundry.) Now they are targeting me for money. 

4) As my wife know that she cannot give birth to kids. she is saying she will not give divorce to me . i need to forcely accept for artificial approaches for kids. As i am human i want my kids i dont follow artificial methods. please clarify on what bases i can apply divoce to my wife?

5) I did not use bad words in FB ? i just said that is that right way to depend on girl and clear there appulu ? Is that a life ? i mensioend. 

she is saying i can file criminal case on me ?

My friends said u have posted in FB on ur page and shared to ur friends but not on ur wife time line then how can she file criminal casee ?

is that True. My wife is not in my FB account ?

 

ANAMIKA VICHARE (LAWYER)     24 March 2016

It seems that your anxiety is somethng else, you say taht she isnot staying with you n you want to apply for divorce, you canfile divorce on grounds of cruelty and desertion.  But n the end you say athat she has preganncy problem, when you are applying fordivore, where is the question of her [pregnancy.   Further, it seems taht this might be the only problem for divorce.   BUt youcannottake this ground taht she is having pregnancy problem.   What made her file 498A false case against you, the reasoin being yo or her some problems

 

ANAMIKA VICHARE (LAWYER)     24 March 2016

If you say you hv got recordings NOw the threat that if you do not give money she would reopen, hv you recorded this conversation, if so, yo will be saved

 

syam ( )     24 March 2016

Hi Sir, 

Here what is the problem is. She is saying that she will not give divorce to me and she is saying until her fathers appulu cleared. she is doing job and she is giving her money to her parents from last 2 years even then appulu not cleared. she is saying that she will do this life time. 

By keeping 498A on me and my family for money to clear there appulu i am vexed on my wife and her parents.

1) I lost my personal life and i am around 30 now. i cannot b single anymore and even i need kids.

2) I even asked her that i will forget all come to me will start new life. she is saying that she will come only if i accept her parents ?

What should i do ? 

She is keeping my life alone and my parents are cryign everyday by seeing me. please advice what can i do ?

For that i have change my number and i am not in contact with her from last month . so that she may know my value and come to me. but no responce from her. She only thinking about her parents not about her futture .

Please advice 

How to apply divroce ? i dont want to give 1 ruppee to her bcoz she made me suffer. 

 


(Guest)
Originally posted by : syam
Hi Sir, 

Here what is the problem is. She is saying that she will not give divorce to me and she is saying until her fathers appulu cleared. she is doing job and she is giving her money to her parents from last 2 years even then appulu not cleared. she is saying that she will do this life time. 

By keeping 498A on me and my family for money to clear there appulu i am vexed on my wife and her parents.

1) I lost my personal life and i am around 30 now. i cannot b single anymore and even i need kids.

2) I even asked her that i will forget all come to me will start new life. she is saying that she will come only if i accept her parents ?

What should i do ? 

She is keeping my life alone and my parents are cryign everyday by seeing me. please advice what can i do ?

For that i have change my number and i am not in contact with her from last month . so that she may know my value and come to me. but no responce from her. She only thinking about her parents not about her futture .

Please advice 

How to apply divroce ? i dont want to give 1 ruppee to her bcoz she made me suffer. 

 

 

She does not want to give divorce but wants to stay away from you, repay her dads loans, so you will be namesake husband, and your relationship will be that of namesake husband and wife.  You can continue like this also.  Many people do, and this is called as adjustment.  Let her be wherever she is, you enjoy with some other woman who is unmarried or a widow, just don’t marry her.  That will be against law while your present marriage is still in force.

 

Stop crying. No use crying.

 

Mr Reddi has told according to his experience, if man fight with wife, no food.  A woman however mental she is cannot be won over by the smartest of men.  And there are men who live on women’s salary and thus are slaves to women.

 

What you want to do in future is left to you, I suggest you remarry after getting legally divorced.

 

You don’t want to pay 1 rupee to her also, that is fine.  That can be managed.  All you need is a shrewd lawyer.  There are hundreds of case laws, citations which can be of use to you.

 

First and foremost you need to file Section 9 case which is restitution of conjugal rights as I have told before which will ensure you to get easy divorce.  This advice none of the lawyers will give you.  They have deleted my previous ID as I give advice to people who are really in trouble without expecting anything back than thanks.  I am hopeful that this ID also will be deleted, so better make note of what I have already said and now saying in this reply.  File RCR, wait till you win or lose RCR, then wait 1 more year from date of RCR decree and file divorce under HMA 13-1(a) asking divorce as RCR has failed and on se-x for more than 1 year.  For all this move RCR case on day to day basis. For that you need to get order from HC under 21b, your case will be decided in 6 months, wait 1 year and file divorce, you will get divorce in max, a years time without having to worry of proving mental cruelty and lot of other allegations that you want to prove to get divorce decree. {at all costs don’t ever file for divorce right away even if some supreme court lawyer tells you to}.  When u file RCR, if wife wants to come back, you make MOU and put 100 conditions regarding her returning back to you, looking at those conditions, she will never come back and you will win RCR.

 

I am deleting this ID also as I know, if my reply gets deleted it wont be useful to you or anyone else.

 

@Mr Reddi,

It’s a honour to get to read such thought provoking words from you again.  Members of LCI, the lawyers, legal advisors are forgetting one thing, when it comes to family matter, advices should not just be given like parrot where one tells about two lines written in law books, they should cover all aspects of the matter, only then a advice can be called a advice which none of them do, except a stray 1 or 2 here and there.  I will continue to help people even if LCI advocates/admin does not want me to come to this forum.

syam ( )     27 March 2016

Hi Sir, 

I would like to take divorce but she is saying that she will not give divorce.

she is asking money to give divorce else she is saying that i should wait until she clear her parents loan vth her salary. 

I have one doubt ? she is an employee in one of the big software company. she earns around 40k per month.

1) if i apply for divorce is still court asks me to give maintainance to her ?

2) Is there anything that she can claim from me ?

3) During marriage time they have deposit 2 lakhs (marriage costs like kalyanmandap , food etc)  in my bank account . Marriage done in my town . from my side we have kept gold 2lakhs ornaments to girl i had a bill. (Not 1 rupee as dowry between 2 parties as this is love and arranged marriage).. there is no other brother for her so i have took respobnsibility and handle all the things for marriage.  Now, she is asking that 2 lakhs also as dowry. as there is bank statement as credited in my account. 

When she filled 498A she added tat statement in FIR , she withdraw the case bcoz i asked het to meet in court i dont 30laksh as they demand during 498A time. 

please advice ? 

I am loosing my age and personal life for her selfish reasons and her cheater parents. I want my life back , please advice. 

4) She is blackmail me that she will keep criminal case on me bcoz i have posted Truth in FB and made her parents bad. But i have each and every proofs as messages and call recordings of which i have posted in FB.

please advice is that a crime ?

 

Sudhir Kumar, Advocate (Advocate)     01 May 2016

efer your other thread

 

https://www.lawyersclubindia.com/forum/Post-in-facebook-is-that-a-criminal-case--136203.asp#.VyUvryFMzwo


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