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Venkat (Team Member)     12 November 2014

Need some help and suggestion

Hi All,

I got married in May'14 and since then my wife's behaviour and attitude was not good at home with my mother and i too started disliking her becos of the fights she used to pick up at home for petty issues..she even attempted suicide 2 times for silly issues and my mother became mentally ill for which she was hospitalised as well..i managed somehow for 1 year and in June'14 she started fighting again when my mom was ill and she blamed my mom for many reasons that my mom ruined her marriage anniversary and that she is not ill and just acting so that i take more care of her and forget about wife..etc etc..i got angry and i said that i am very upset with her behaviour and said i do not want kids with u and no physical relationship with her.. she called her family and took her away in July'14 and during her stay at her home she used to converse with me over phone.. she again started blaming my mother and used perverted language against my mom n me which made me go crazy and i too abused her a lot about her figure n also used perverted language against her.. i neither  recorded her voice conversations nor her messages but she did all of them..her family dropped her at my home in August'14 and I said that i do not want to live with her anymore and i have been saying this when she was at her home but even then her family dropped her at my home.. In august, she hit my mother and me which made me to hit her n abuse..her paternal aunt came and took me n my mom to police station n wrote a written compliant against me and her family made me to write an apology letter in the police station..the police were not ready to listen that she hit my mom..we came back home and after 1 week my wife gave me conditions that my mom shouldn't live with us for 6 months atleast..i did not accept her condition n hearing that my wife hit my mother again no of times when i was out of home for office..and one day she hit her badly and went out of the home crying to the apartment people pretending as if my mother hit her..then my mom felt risky to stay with us n she stayed separately for 1 month..i did not like this arrangement..in this one month wife n me had fights becos i couldn't resist she beating my mom n mom moving out of house..then in september i got my mother home n arranged a separate living in the same house for her in a separate bedroom which had separate entrance..my wife did not like the way i take care of my mother n i asked my wife not to contact her family members at all.. but again she called her aunt and her aunt abused my mom n me in front of the apartment members n also hit me with slipper in front of everyone..my wife n her aunt even accused me of commenting a girl in my neighbour which made the neighbours to call police n again mom n me went to police n my wife wrote a written compliant this time against my mom..that day she left my home after creating all the mess with her belongings..we were asked to vacate the rented apartment by the apartment people..now i do not want her anymore in my life.. i sent a legal notice to her thru a lawyer after she left home mentioning abut her acts..she did not respond.. i called her mother n asked abut the response for notice in November..her mother said that the family will not respond to any of my notices.. i told her that i am proceeding for divorce..her mother threatened me that she will see mine n mom's end..she says that she will not let me marry any other girl even her daughter leaves me..I stay in hyderabad..she says that she will come her n ruin our image,make loose my job etc etc..I have filed a divorce case from L B nagar civil court now and the notice would go to her in a month..

 

Can anyone tell me what kind of cases can her family book against me as they have the proofs of my messages n calls which i made when she was living at her home.. she also claimed that she stayed with me happily the one year that we spent together..

she gave 2 written compliants against me at saidabad police station but i shifted to kothapet as i was asked to vacate from saidabad..

I cannot get this matter settled out of court as her family is demanding 50 lacs as compensation and my wife also responded to me for the legal notice i sent in writing and mentioned in her first para itself that her family gave me 25 lacs dowry, 15 tolas gold n 5 lacs marriage expenses which is totally fake.. i have the proof of just 50k transfered from her family to my bank account before marriage for buying clothes n all..She also mentioned in her letter that since day 1 of the marriage i used to drink n come home n beat her abuse her etc ectc..

If i go for settlement how much do i need to pay the girl? If i go through court how much might court decide?

 I do not have a single penny apart from paying my lawyer fees..I have to make arrangements for the money i need to Pay..

And one more thing..I have a home loan for a property which i registered before 2 months of marriage.. my mom n me are the co-applicants..whatever money i invested is my income on the property..can she claim over the property?

 

Please help me what might happen abut my divorce case as the family that it is not ready to give me divorce..and i do not want the girl as my partner anymore..

How long my case might take and when ill i be able to remarry again? How much do i need to give the girl inspite of getting only 50k from the family..there is no dowry system in our family being a brahmin..



Learning

 11 Replies


(Guest)

Its really saddening to ready your query.  You married a ROWDY !

Why did you marry???  

For what pleasure did you marry I dont understand!  My sympathies are with you.


You should not have raised your hand on her, that is a mistake you did.

Your mom should have filed a DV case against your wife in the first instance when your wife hit her.

Even now ask your mom to file a DV case against your wife.  These kind of people wont mend ways with smooth talk.


As you have already filed for divorce and as the matter is already in court your wife cannot file a 498a.  But your wife may try to file the same by bribing the police.  However, arrest is not possible now under 498a [dowry prohibition act].


But there is a chance that your wife may file a Domestic Violence case on you and your mother.  There is no immunity against DV case, and once the DV case is filed will take 6-7 years to get over.

You have not mentioned the reason why you had to shift from saidabad to kothapet.


Dont worry, her claims of paying you huge sum of money and gold as dowry will fall flat on its face, prove it via your evidences.


Is there any mention of drinking in the said 2 police complaints?  If yes, it will go against you in court of law, so beware.


She cannot claim the property, but if you fail to pay her maintenance for years together, the piled up old balance if you dont clear off and if you dont have any source of income, then the court may attach such property.


Looking at your case, and that your wife is not ready for one time settlement, your divorce case will be over by about 2021.  Make that 7-8 years from now.


You can remarry once you get the divorce decree, marrying without getting divorce decree will attract jail term upto 7 years.

 

All the best.



Venkat (Team Member)     12 November 2014

Originally posted by : Helping Hand !


Its really saddening to ready your query.  You married a ROWDY !

Why did you marry???  

For what pleasure did you marry I dont understand!  My sympathies are with you.




You should not have raised your hand on her, that is a mistake you did.

Your mom should have filed a DV case against your wife in the first instance when your wife hit her.

Even now ask your mom to file a DV case against your wife.  These kind of people wont mend ways with smooth talk.




As you have already filed for divorce and as the matter is already in court your wife cannot file a 498a.  But your wife may try to file the same by bribing the police.  However, arrest is not possible now under 498a [dowry prohibition act].




But there is a chance that your wife may file a Domestic Violence case on you and your mother.  There is no immunity against DV case, and once the DV case is filed will take 6-7 years to get over.

You have not mentioned the reason why you had to shift from saidabad to kothapet.




Dont worry, her claims of paying you huge sum of money and gold as dowry will fall flat on its face, prove it via your evidences.




Is there any mention of drinking in the said 2 police complaints?  If yes, it will go against you in court of law, so beware.




She cannot claim the property, but if you fail to pay her maintenance for years together, the piled up old balance if you dont clear off and if you dont have any source of income, then the court may attach such property.




Looking at your case, and that your wife is not ready for one time settlement, your divorce case will be over by about 2021.  Make that 7-8 years from now.




You can remarry once you get the divorce decree, marrying without getting divorce decree will attract jail term upto 7 years.

 

All the best.



I had to shift becos her family n she accused me in front of the apartment people that i commented a girl from the neighbour and talked very bad about her etc..so the apartment people called the police..and asked us to vacate the house considering us as anti-social elements..

 

My wife mentioned about drinking n beating to police but will she be able to prove that? or just her words are considered as false truth by court?

when might 1 get a divorcee decree? if the case goes on for years..will that girl girl wait for so long as she is just 22 yrs n no kids.. even she might turn down the case n feel like getting married again right?

how much settlement amount do i need to arrange if the family looks for settlement?

 


(Guest)

Anti-social elements ? Good Lord.

If there is a mention of drinking and shouting or beating in the said complaint, you are in for trouble. Court accepts what is written in the complaint.

You will get divorce decree in 7-8 years. 22 or 23, it does not matter, even your wife has to wait same amount of time for getting remarried.

You need to give 50 lacs as settlement amount, as that is what they are demanding. Or you will have to sit and bargain with her according to your pocket.

Only 3 options for you.

1. Contest divorce case, get divorced, remarry.

2. Dont want to contest divorce case for 7-8 years, pay her 50 lacs, get rid of headache, you get divorce in 6 months time via MCD, then remarry again.

3. Dont want to pay her money [50 lacs] and dont want to roam to court for years together, bring wife back, lead happy married life [whatever happy means to you].

Venkat (Team Member)     12 November 2014

But why would DV take so many years? and why should i pay 50 lacs when the family gave me peanuts and mental torchure? I have decided that i do not want her in my life so the last option has to be nullified..

SuperHero (Manager)     13 November 2014

·        ·        Very Sorry to hear your story and she hitting your Mother is absolutely not acceptable. Welcome to the club.

·        Why do DV take so many years? – It is the way Indian law was drafted, thinking that Divorce rate was very low.

·        @Helping Hand – How does he know or any know he is going to get married to a rowdy (bitter half)? The real colors show up after marriage.

·        If every knew what the future looks like, then everyone will try to avoid that.

·        @Venkat – They have evidences of what you spoke and perverted language (recorded conversations), you should have avoided that and they are so intelligent enough that they have recorded it. You have beaten her and it is not acceptable. The evidences make them stronger.

·        Wind is in favor of them

·        Okay past is past. Now you have Present and Future.

·        So you have 2 options 1 or 2 as you have ruled out 3.

·        If you want to close everything smoothly involve few Family friends and relatives and then bargain. (Like vegetable market.)

·        This is my Out Of Box thought not a legal advice - Just sell your property and relocate to a different city (may be Delhi, Haryana or Nepal) (As you have mentioned you and your Mother). She can file divorce and get an exparte as Husband is missing.

·        Money Lost, Nothing is Lost.

·        Health Lost, Something is Lost.

Venkat (Team Member)     13 November 2014

Thanks for your suggestion Superhero..even many of my friends suggested to move to some other city...will see wat to do in few months...will try to fond some job outside this state..

harrassed (SE)     22 November 2014

Venkat,

Very sorry to hear about your case. My case is at least 95% similar to your case. Be patient. If you have decided that you don't want her back, go for contested divorce. Get a good lawyer. Mostly with 2 to 3 years she will come for settlement (out of the court). Take care of your health, your parents.

Good luck in your fight.

Venkat (Team Member)     22 November 2014

Hi Harrassed...Please pm me ur no...i have sent u a msg..wanna talk to u as we both sailing in the same boat..

harrassed (SE)     22 November 2014

Venkat,

 

Please check your PM.

Venkat (Team Member)     10 February 2015

Hi All,

In continuation with my story mentioned above..As i said that I filed divorce in the local court and my first hearing is on 27th Feb'15. The girls's family stays in Visakhapatnam and the whole family came for a big fight last week to Hyderabad, the family is threatening my mom n me that the family will se our end..with the help of local neighbourhood, we avoided physical harrasment from the family but the family while leaving our place threatened us that we will be called to Visakhapatnam and there we will be ill-treated n physically harassed by the local police in visakhapatnam. as the family is from that place we fear that something bad might happen to us.. as expected we got a call today from the mahile police station in vizag that the girl has reported something against me and i need to attend the couselling,but i know if i go there i will be beaten up for sure as happened earlier..i told the same thing to the police as well but the police says that if i do not go for counselling i will be arrested and the girl will file 498A case..

 

pls suggest me what should i do..i am not willing to go to visakhapatnam and i informed the same thing to my advocate..my advocate will speak to that police station tomorrow and will inform that i have filed divorce case and give the case no and other details.. pls give any other suggestions if anyone has..

SuperHero (Manager)     11 February 2015

Originally posted by : Venkat

Hi All,

In continuation with my story mentioned above..As i said that I filed divorce in the local court and my first hearing is on 27th Feb'15. The girls's family stays in Visakhapatnam and the whole family came for a big fight last week to Hyderabad, the family is threatening my mom n me that the family will se our end..with the help of local neighbourhood, we avoided physical harrasment from the family but the family while leaving our place threatened us that we will be called to Visakhapatnam and there we will be ill-treated n physically harassed by the local police in visakhapatnam. as the family is from that place we fear that something bad might happen to us.. as expected we got a call today from the mahile police station in vizag that the girl has reported something against me and i need to attend the couselling,but i know if i go there i will be beaten up for sure as happened earlier..i told the same thing to the police as well but the police says that if i do not go for counselling i will be arrested and the girl will file 498A case..

 

pls suggest me what should i do..i am not willing to go to visakhapatnam and i informed the same thing to my advocate..my advocate will speak to that police station tomorrow and will inform that i have filed divorce case and give the case no and other details.. pls give any other suggestions if anyone has..

Tell them you have filed the divorce case as mentioned by the advocate. Check with your advocate what else can be done legally.

Don't fear, Have positive thoughts..You are already projecting fear...they are making use of it.

Everything will be alright. Send a PM to Helping Hand.

Even write a letter to SP and DSP.

One thing is if you have courage go to Visakhapatnam and record everything via video and audio then show it to Advocate and fight accordingly.


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