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Swamy (System Engineer)     07 September 2014

Need urgent help....

Hi All..

Thanks in advance for your valuable time.. Sorry for the long story..

I am Karthik and I am a Software Engineer from Bangalore.

My age is 26. My Wife's is 33. 

Before Two years:

We had a relationship but she got married to her relative at Kerala. I left her and I started living alone.After one week from her marriage,without informing to anyone, she eloped from her husband and came to me. She called me and informed me that she eloped secretly and immediately switched off the mobile. She forced me to take her to some where on that day. We stayed together on the same day. They started tracing my mobile and after they came to know we were at same location they filed a complaint that I kidnapped her for Jewels. After they came to know that Jewels are safe and they left me. But no evidence that I asked her to elope or Kidnap. But I told her to join her family again. But she refused. 

From her side,  She told that she can't live with him (newly Married Guy) anymore and asked me to take care of her. Without getting any legal divorce from her husband, We had a living together life for 1 year without knowing to my parents. But she shown the legal document( Got from her Community )for the separation. Later she asked me to marry her. We married each other in the temple infront of her 2 friends. We didn't register our marriage.

Current Situation:

After the marriage, our life didn't go well. She started dominating me. She was working in Travels Company earning 10,000/- PM. She forced me to take 1,00,000 loan to give his manager.I took the loan and give it to her. Again she started giving money to her manager with the help of Jewels. She used my credit cards and spent almost the available limit. She started beating me and getting angry for small things. She was calling to my and manager office mates and telling bad stories about me. I started avoiding her. My promotion got denied. She used to blackmail  like if I should come fast to home or she will fall down from the second floor. She wrote the suicidal notice that no one is responsible for her death. Last month only my parents also came to know all these things.

We filed a complaint with the help of lawyer in the Police Station stating that she is torturing me. They advised her to be with her family for three months and take some treatment in her hometown for depression. But within a month she came to Bangalore and started living and torturing me like anything. She used abusive language to my father and mother. Infront of them she started drinking domex and finally we rescued her. 

Now her uncle is threatening me that he is going to throw me out of the company by telling I am a womaniser and filing a false complaint like Kidnap & Dowry Harassment to my family.We didn't get anything as dowry.

I am having evidence(Voice Record) that her manager threatened me like he is going to kill me etc., 

Having proof of suicidal note of her. 

My questions are,

I applied for divorce in mental cruelty ground before one month and notice has not yet reached her. How much time it will take to reach her ?

Now she is living in my rented home and I am living in my Uncle's home at Bangalore. Whether it will affect my case..?

She didn't know that I applied for Divorce (since she threatened me like if I send a divorce she will commit suicide at my rented home). House owner asked me to vacate but she is not allowing me to vacate .

Having fear of 498 ( A) and losing my job...She is torturing me like anything.

I am helpless.. Please advise me to overcome this situation....!!



Learning

 4 Replies


(Guest)

What a ride !

Mistakes you have done many, infact countless mistakes.

 

Well past is past.  In the given situation you cannot do anything but to sit quiet.  She has not filed a 498a which is a good thing.  Talks will be futile and if attempted will only lead to more chaos.  You have done what anybody could have done, ie to file for divorce.  Getting anticipatory bail if you are anticipating a dowry harassment case is a useless exercise.  If at all your wife files a 498a, its better to get arrested and then apply for regular bail, it’s a lot more easier to that way.

 

Notice will take time to be delivered, usually it will be sent via RPAD, India Posts.  In your case within 15 days notice should be served.

 

 

You have stated that she was earlier married and that she eloped and came to you.  It appears that no divorce was applied for from husband No. 1.  Automatically your marriage to this woman stands illegal and is void.  The said legal document from the community is also illegal one, once married, only court has power to give divorce via MCD or contested divorce.  Rest all documents issued by any community stand to be void.  Marrying without divorcing Husband No. 1 is a crime according to law and is punishable by law.

Happily Divorced (TL)     07 September 2014

Your marriage is void. You should have filed for annulment of your marriage showing the existence of earlier marriage and the document provided by their community.

 

Her 498a will be thrown into dustbin as soon as you file this. I dont know why u filed divorce.

Swamy (System Engineer)     09 September 2014

Thank you helping hand.... Notice is delivered... What will be her next move..? How to prepare myself in this situation..?

Swamy (System Engineer)     09 September 2014

Hi Manas.. Thank you for your reply.. Since she had evidence like photography with garland and everyone from her family knows that she is living with me. Besides Lawyer advise me to go for Divorce and it will be a better option..


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