Need guidance about cases filed by wife

fighting back (exec) 26 June 2016

hi rajbeer, first you need to give greater details as to why you are 'thinking' of filing a divorce against your wife, so as to know if the grounds that you are taking, are solid enough for you to get through to a divorce case.

these are the basic things which you need to keep in mind if you file a divorce case eventually:

be mentally and financially prepared for a long long battle in court, for an average of 6 - 7 years if is a contested divorce case, which you wife will eventually contest against, as this scenario perfectly attracts newtons third law of motion.. she will do exactly the opposite and vehmently oppose each and every ground that you have taken to seek a divorce....cut to the second scenario...if she concedes to the divorce proposal, and agree for a mutual divorce, then it will be a cake walk for you in exchange for a hefty alimony and all that she demands, as it is you and only you who has filed for divorce and not her.

second point: once you have hammered out the grounds for divorce and applied for the same, you will get a barrage of cases in retailiation for your divorce missile, you will be fired with Domestic violence, possibly 498A, which is the most dreaded, and various other ammunition, which you will find amply in this forum.

third point: be prepared to run arround different court rooms for different cases filed on you.\

be prepared to loose your mental peace....financial condition...your job or business.

be prepared to run around behind lawyers who will try to suck maximum money from you on the pretext of getting you 'justice'

be prepared for being a talk in your society and discussion about you married life in people around you.

be prepared for police station rounds, visit to lawyer chambers, lawyer not talking your calls, accusations by the other other party, family disturbance of mental peace and what not.

however, if you still have very very very strong reasons for seeking a divorce, go ahead without fear and fight it out.....all the best

Rajbeer 26 June 2016

Hi Fighthing Back,

Thanks for your reply. Wife beten me in such a way that my 1 ear got damaged and i was under medication for a week. she left house by filing NCR in local police station stating that i am hitting her and she will discuss with her parents and will come back in future. In verbal she put false allegation infront of LAdy ASI that i sold out her jwellary. Now it's too much they are doing mental torcher of my parents along with me. At the time of leaving she threaten me that she will come with her father and her brother in law(who is playing major role here) with gun and shoot me here itself. I have 4 year kid but not sure that it's with me or her brother in law..her parents are playing politics to fetch good money from us and those bul***t also have evil eye on my property.

At the time of leaving house wife used abusive laungage Ma******d and Banc****d by hitting me. As she alredy filed NCR so when i was defending myself she was saying that if you will defend then i will call to police and tell him that you are again hitting me. I and my parents was very much depreesed after incident happen (April end) and now I am looking advice on the above facts.

Thannks,

Rajbeer

fighting back (exec) 26 June 2016

hi rajbeer, sad to hear your story, have you given your statement to the police when she filed her complaint, the police might have recorded her statement as well and yours too.she will give all kinds of false allegations in front of the police. dont worry about that. she also has to prove those things when time comes. if she has made statements of shooting you down, then you should have filed a NC with the nearest polce station of threats being received from wife about killing you. so in future, if some kind of attack were to take place, you would be in a better position to defend your self. the acts which you have mentioned in your statements are seen in almost every case of false harrassment cases filed on husbands.....

divorce is the only weapon in the husband, remember that. and once you file it, you have to start paying maintainence, as simple as that. if she is working and you prove that in court. then you wont have to pay any maintainece. also..if you have any property in your own name, then she as the right to reside there in DV act. if possible, transfer your properties in your parents name or gift them on paper. if any cases are not filed it, then eventually she will fire the shots. so if you have finalized your plan for divorce , then, first, write every instanance of your married life to the moment she left you, on paper. then find a good and honest lawyer, and file it straight away. before she files anything. because anything filed after her case, will be seen as a tit for tat approach by the court and will hold less weight in court. first things first. find a good lawyer for your self, and discuss your case immedietely, also discuss on the fees he will charge you. else you will be harrassed time and again by the lawyer for fees. also. be mentally prepared for any cases filed..................dont worry, such cases have become routine now...every harrassed husband is facing such fake cases. first make up your mind to face it, and give your shot.

A walk alone (-) 26 June 2016

I can't believe any wife can beat her husband. Unbelievable. You are man physically more powerful then women. Anyway if you want divorce try mcd. If you have evidence of her cruelty then only file divorce because If you file divorce she will backfire you with false cases. First let her do what she want? If she file any false case against you dnt worry she has given allegation she has to prove her allegation in court. After sometime she will come herself for mcd on your terms and conditions . But before filing divorce think about your child future. You both can remarriage but what about child. Only because of your both misunderstanding or fighting only your child will suffer.

Rajbeer 27 June 2016

Thanks to all for proper guidence.

Hi Walk Alone, I have doctor report where Dr. clearly mentioned that 1 ear got damaged.I was getting pain upto 1 week. I know that it's unbelievable but it's happen. In the Police station she was saying that he himself beten on ear and ear got damaged. but it's all false to defend himself.How it can possible that a person can beat himself like his internal ear layer torn.

It's not only beating she attcked me with sharp knief due to that red mark on stometh and my finger got damged.She was saying that i will spoil your life and attacking on me to cut my penis.

Hi fighting back -I filed NCR against her in police station,and in record statement "i told that she is doing mental torcher on me and under my acknowladge she is going to her parents house".

This is 3rd times when she left house ,previously in 2015 she left house and was roaming with her brother in law in mumbai by switched off her phone upto 15 days contineously. She is in love with her brother in law and she alredy confessed that she has illegal relationship with her JIJU where she was in living relationship contineouslly 6-8 months and in that period of time her sister was in her parents house. I was thinking that everything will OK by time but situation got worst. As after coming from Mumbai she was saying that if you will touch me then i will file rape case against you. You don't have any right to touch me, if you want i can call my Lawyer. She is not taking care kid properly and without reason she is beating him. I was totally disturb due to her behaviour and in this tension my Job gone and now i am witout job in my house.

Everytime her parents was asking about my Salary and they was saying that if you are changing job then update me your package. She did not prove herself as a good wife,goog mother and might be she become a good lover for her brother in Law. I did a lot of Hard work to reach on good position in my carrier but she spoiled my life.

I have lot of proof for her crulity as audio and some of video.

Now we had given her lot of chances but she is not changing her attitude as she is under influnced of external parties who want to suck money through her.

Thanks,

Rajbeer

Born Fighter (xxx) 27 June 2016

Rajbeer, im surprized that ur still thinking to file divorce.....U should have filed it before ....anyways

Be jobless, court will grant her minimum maintenance may be 2 to 5kpm depending upon which city you belong to.. If wife is working or educated then look for grounds to reject maintenance/reduce it.

Let me reiterate you have no option left and its essential for you to protect yourself from your evil wife, she will file false cases for which you be prepared mentally. You will have to pay price for the freedom you want.

Be brave my friend...... lohe ko loha hi kaatta hai.......... Be strong and give a damn to whatever your wife does in future.

Hire a competent criminal lawyer and start planning your financials to avoid/ reduce maintenance to your evil wife.

Fight the case for 2yrs , post that ur wife will realize "aatey daal ka bhaav" and settle for reasonable settlement amount.

Gather as many evidences as possible especially adultery.....expose her ....... file for custody of child as well.

All the Best !!

Khush 27 June 2016

well, who says wife can not hit or beat husband. even husbands face domestic violence in hands of wives.

well rajbir, if ur not earning, u can not deny maintenance. an able bodied male is supposed to earn and maintain his wife.

1. what r ur and ur wife qualifications, any job experiences etc need to properly advice u.

2. since how long she has left you

3. if u do not have any evidence of her cruelty , no court will grant u divorce

4. if a husband files a divorce case first, most of times wives retaliate with false cases

5. if she has extra affairs as u r telling, then u should hv proper evidence, you must be able to prove it in court, otherwise such allegations if not proved backfires. you should collect her call and location details whenever she has left u, this is very important. from call details u can establish interference of her jiju in ur life.

6. no she can not file rape case against u, as ur her legal husband, only she can file domestic violence case which is civil law innature

so first you hv patience, and start recording all calls n messages with ur wife, be polite to her whenever she calls u.

divorce on cruelty needs evidence of cruelty over a period of time. no court will grant divorce if she has even hit u a couple of times.

A walk alone (-) 27 June 2016

If you have audio and video recording, medical record then hire a good lawyer draft for divorce. Take a pen paper write all incident from your marriage to she left. It will help lawyer in drafting. File divorce on cruelty. Try to gather some evidence of her adultery which you can use in your divorce case.

Rajbeer 28 June 2016

Thanks to all for advise !

hi Kush,

Please find inline comments.

1. what r ur and ur wife qualifications, any job experiences etc need to properly advice u.

I am BE(Comp SC) and was working in MNC Bangalore.wife is MA(English Litrature) and did job before marriage in DELHI, which is mentioned in her resume.due to these tension i was not able to continue my job and left this before 7 days back.

2. since how long she has left you

she left me in April end 2016 and no conversation b/w us.Previously she left in June 2015 and then again come back in NOV 2015.

3. if u do not have any evidence of her cruelty , no court will grant u divorce

I have audio and video both.

4. if a husband files a divorce case first, most of times wives retaliate with false cases.

She is threatening from long about 498A, DV and other false cases on me and my parents also.Her main motto is to kill me directly or indiractly ,then my parents will be broken automatically. I am ready to fight .

5. if she has extra affairs as u r telling, then u should hv proper evidence, you must be able to prove it in court, otherwise such allegations if not proved backfires. you should collect her call and location details whenever she has left u, this is very important. from call details u can establish interference of her jiju in ur life.

Sure. but it was confessed by her itself which is availible as a audio recording that her brother in law raped her contineouslly 6 month. It's looks like. unbelivable. How a person can rape contineousally 6 month and girl who is beaten me like any thing not had any guds to fight with her brother in law. Now she is telling that my brother in law didn't raped.If you have the proof i will defend my lover(Brother in Law). and file a false complain against you like you people will do sucide..

6. no she can not file rape case against u, as ur her legal husband, only she can file domestic violence case which is civil law innature

Ok

Regards,

Rajbeer

Khush 28 June 2016

hello rajbir sir

first of all, i must say you have not done good to yourself by leaving your job rajbir. if you are saying that you have done this under tension, then plz listen: these are mind games played by all wives who left their matrimonial homes. why for the god's sake, u left ur job, just cheer up, it is you only who has to fight hard,

Remember persons like me only can advise u depending on our experience, but its u only who has to find and be strong, so keep my advice: just joint a good company. do no leave the job by thinking that u hv to pay her maintenance.

and as far as recordings are concerned: make multiple copies of these recordings, and keep it safe at different places at your home and with ur very very close relative or cousin or friend too.

and please never disclose about these recordings still.and keep on recording if she calls u.surely it will be a great help for u.

and do not file any divorce first, plz keep patience and wait and watch for her action. let her take first step. do not worry, if u hv not done anything wrong to her, 498a will be a mere eyewash for her. if anyhow 498a is registered, then u can produce one copy of that recordings to the police.

remember these r mind games, u hv to play with ur mind too. so join a good job again, dont be job less. and share ur suffereings with ur colleagues, friends relatives neighboureres, and try to gain their sympathy.

you have strong case, i am sure if she has definitely extra relations, she will never ever file 498a for sure.

audio and video evidence is very important these days, and i advice u to try to get her call details and location details of her mobile.

if anyhow she files any case (maintenance, case, dv case), then you can simply request court to provide the call and location details of her mobile number. the court will then tell mobile company to produce the records.

do not think negative, rather think positive that u r lucky person who has got proofs of her wife's cruelty and extra affairs with u. there r hundreds of husbands who r innocent but dont hv proofs still they fight and come out clean.

best wishes

Rajbeer 28 June 2016

Thanks a lot khush!

I am looking another job and i was started searching it after my last working day. I didn't left job cz i have to pay maintainance . I will keep your advise in my mind and will follow the same.