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Singha Rao (Engineer)     15 September 2012

Need urgent help in this query

Hi all,

   My wife had 6 lakhs of study loan for her study..Before marriage once I know we cancel the mariage. Then her father and my wife say that that is not my borden. Her father will return it. Then we did marriage. This thing I don't have any record.

  AFter marriage now her parent took my wife and they put pressure to my wife. Now my wife say that I will do jobnear my home, it is not necessary to stay together. As my parents are in finantial problem, so I have to stay here.. Then I raise this matter to her father, now also I will return her loan byt as she want to return her loan what can I do?

Basically her parents are playing dual game.. They are giving pressure to my wife, but her father is out side teling that he will return the loan..

After marriage one month she stayed at my parent's home, then she quarell with my mom and sister in law and left her mother home.. Now she is saying that I will not give excuse to every body...For that unnecessary making some issue and she took her certificate and her parents are helpting to give jobnear to their home town.

  By the time as I stay abroad, by this procedure her dependent visa also cenelled as she is not here for renewal..

  As I am already 35, then also in phone she is denying for getting babyin near future..and she is telling it is not necessary to stay together..

  Again she had a boy friend before marriage, and after marriage also in my absence they used to talk.. In one record that boy claiming that '"I am remebering you too much..unfortunately I did not get my phone no.otherwise I might I asked to him (to me) to return to her at any cost...Then he tried to ask many thing abot relation"" Then my wife also please don't recall me this thing..After that I ask to my wife why you are doing such thing after mariage..and I told to her parents, then they told that nothing wrong with our daughter, she had many frined.. that is her decision, we can not do any thing.. and after marriage also her parents are in touch with her old boy friend in many matters..

So what to do in such situation? As since last 7 month she is at her parental home, can I file RCR?

Regarding loan matter, can settle in court?

Now I asked to my father in law to settel these issue with my family guardian, but they are very claver..

Can parent's have right to take her and give jobnear to their home town, with my knowledge..Is it not necessary to stay toegether (husband and wife) after marriage..

In case is it the suficient ground for diverse?

please suggest me in this regard..

 



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     15 September 2012

Marriage implies living together, You can file a suit for restitution of conjugal rights seeking her to join your company.

Don't be worried about the loan, you are not personally liable for the same. 

Be wary of the risks implicit, when she gets your RCR notice, she may as a counterblast try and implicate you & your family in false dowry cases in order to have her way. 

HOW TO FIGHT OR PRE-EMPT A FALSE 498a ? Read on...

“For men in India marriage is a lottery but you can’t tear up your ticket even if you lose…” and it’s not just you who would have to live with the lost lottery but your entire family may have to suffer at the hands of a system so grossly skewed in favour of women.

Marriages may fall apart for a lot of reasons, temperamental issues, compatibility problems, but does that make you an offender in the eyes of law? Yes it does, your estranged wife in order to have her way in arm-twisting you may implicate you and your family in end number of false cases, 498A being the foremost.

498A penalizes cruelty for dowry, almost always comes alongwith S.406 Allegations which basically penalize the criminal breach of trust, when your wife’s articles are entrusted to you and you fail to return them back – misappropriate them or convert them to own use – you are criminally liable !. By aid of S.34 of the Indian Penal Code – your family/relatives can be held liable for the same if they share the common intention with you.

Now if you think that you have a wife who can potentially do this for money or the kicks that her ego gets out of the same or pure vengeance then you are my friend in a vulnerable situation, but there is a silver lining to this, there are legal strategies that may help minimize, if not completely rule out, the damage or mischief that may occur to you.

Being a Supreme Court Advocate and a Mens Rights Activist I speak from experience, the following things may(if done correctly) help in a lot of cases :-

1. Insist on a dowry-less marriage – Preparing of list of articles received at the time of marriage, countersigned by both the families, would help rule out exaggerated claims later !

2. Digging the well before the fire starts; when trouble starts at home you apprise all concerned of the problems that you are facing, not for the purposes of any action but information;

If you see things going awry in near future, then it would be good idea to seperate from parents to a rented house with sufficient public notices;

3. As per the prevailing law atleast here in Delhi, if your wife approaches a Police Station with her complaint, she is to be forwarded CAW CELL instituted to try and reconcile and investigate and act as buffers so that penal actions are not inititated right away. Once the matter goes to CAW Cell – apply for an anticipatory bail , you are sure to get notice bail atleast – this would help in two ways :-

a) Give you greater confidence, level playing field in the CAW Cell talks;

b) Prevent any hasty arrest on failure of conciliation;

All in all nothing to lose in this and in this step 1. Would help a great deal.

4. Seek a copy of complaint via RTI ASAP, since they deny at the first instance you’d have to appeal therefrom which may take some time. There are CIC Decisions that would help you here.

5. In the event of an FIR being registered apply for AB again, and quashing of FIR (not always depends on the kind of allegations leveled)

6. Filing Restitution of Conjugal Rights (case that you want her back) may help in some cases, but not in all. Sometimes it helps in defending maintenance cases, and showing your bona fides.

7. Keep a check on your wife’s finances. Would come handy defending maintenance cases.

8. Prosecution (S.340 CrpC) for perjury in cases of false & exaggerated claims in maintenance petitions.

9. Tax Evasion Petitions once you get the List of Istridhan may also help put pressure.

10. Dowry Prohibition Act – penalizes giving of dowry so in case there is a clear admission of DOWRY (not Istridhan) then in that case your in laws are also liable to be prosecuted. Think on these lines !

11. With a marital property law on the anvil, don’t buy property in your name, much less jointly with spouse.

The above may go a great deal helping you defend correctly, my advise would be to stand your ground, don’t give in to their extortionate tactics, once you’d get an AB the worst would already be over and after that the judicial system with it’s endemic delays won’t treat your wife differently, sooner or later she would realize that frivolous litigation doesn’t pay !

The Author is a Supreme Court Advocate, and a Mens Rights Activist and can be reached at bharat.law06@gmail.com, Tel : 9810553252.

Singha Rao (Engineer)     15 September 2012

Dear Bharat Sir,

  Thank you for your kind information. I am also expecting the same, if I will file RCR then they may file 498a.

But I don't have any other way, I have to settle.. If she want to join fine, otherwise it is simply time pass for both...

As I am working at abroad, so if shewill file 498a then I guess court will impound my passport..

One more thing I wanted to ask that, ifshe will file 498a, DV, 406 etc then all hearing dates are on differet date or it will be on same date?
Otherwise I can pray to sesson court orhigh court that I can abe to attend when court will demand? Beacuse I stay 4 hr journey to India, and my flights are cheaper..yearly I can attend to court 3 to 4 time easily..In such case Iam ready to give some passbook deposit or some property for their security..Is that option is there?

Because in my case from my side nothing is wrong.. Only to make path clear about loan and ego problem and to detach from our family she is playing game with me.. All these I have phone records.. Will it help for me?


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