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dhruv (other)     14 October 2013

Should i submit this audio evidence to police

My wife did 498a, DV case etc on me after 12 yrs of marriage.

When she deserted me there was argument n her parents carried her off with kids.
 

I have audio evidence of it clearly as desertion. However in it I am saying that since she got money as unemployment benefit she should contribute to daily expenses as well.

SHould I give it to police????????

I am doubting to give because someone told me that I cannot ask my earning wife to contribute to daily expenses as that will amount to asking for dowry.

SHould I give this evidence to police???????? It is in original media as well and will establish desertion and that she was physically aggressive towards me.



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 10 Replies

Sarvesh Kumar Sharma Advocate (Advocacy)     14 October 2013

Better show it before the court
1 Like

dhruv (other)     14 October 2013

My question is also WHETHER IT IS ILLEGAL  to ask wife who is getting salary or unemployment benefit (more than 1000 dollars per month) to contribute to the household expenses???????????

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     14 October 2013

Dear Dhruv

No this is not illegal, it's not only the duty of husband both the parties are same rights & duties.

1 Like

dhruv (other)     14 October 2013

Thank u so much Nadeem & Sarvesh !

T. Kalaiselvan, Advocate (Advocate)     14 October 2013

Mr. Nadeem is right in opining that both husband and wife have equal rights and liabilities towards the matrimonial home and its maintenance.  If your wife does not wants to share the expenses of the household, it means she is not sincere in discharging her duties as wife, further you state to have recorded their version namely argument before quitting the house with an intention to desert the same once and for ever, lost all her rights over the claims but you should be able to prove your version before the court. 

1 Like

(Guest)

Dear Querist,

 

1. Which unemployment scheme your wife is availing so that she is getting 1000 dollar p.m?????? gr8 yarr..!! as every one should participate in that.

 

2. The expenditures and expenses incurred in domestic household activities are neither counted as dowry or demand of dowry or it could be claimed by either of the party.

 

3. If a husband is asking for such expenses which will indulge for domestic and household purpose only will never be counted as dowry or demand of dowry in your case.

 

4. Search on google related to your case and evidence which you are talking about you will be encountered with many judgements where Judges has opined the point No.2 & 3 in dowry cases.

 

5. By the way what you want to show through this evidence as your wife is having income through unemployment scheme ??? or she is not contributing in daily expenses through her 1000 dollar p.m?????

 

6. Bro..clear your thoughts on the said evidence as what is your prime motive to show that tape in court.So,that you could get best suggestions here if you are diverging from your case.

 

regards.

1 Like

dhruv (other)     14 October 2013

@sufferer

She used to get more than 1000 dollars per month as unemployed - thats how it works in that particular country. She wanted to hoard that but I convinced her to contribute from her share as the money was being given by the govt to be spent and not to hoard (why would I let her do that if she especially had intent to desert?)

Now in India she wants all that unemployment money back and is saying I forced her to contribute to the household income from her unemployment benefit.


This is just one of the recordings - to prove desertion. I was having doubt about money contribution which has been cleared now.

I have many other audio and video which will disprove all their allegations (at least I feel that).

My primary motive is to put pressure on the wife side before mediation to be done in high court (thru stay on arrest) to become more and more reasonable in their selfish and moneytory demand. However police today told me that even if we given them the smaller set of audio files before the mediation they will not do anything about it as it is in mediation. I am guessing the mediation will most likely fail as my intent is a reasonable settlement while their aim is to settle forcefully under threat of 498a etc and DV case. She is willing to stay with me but there are some conditions which I cannot accept e.g. moneytory claim, staying in the same apartment complex as her parents etc....

So I am planning to trap them - first with 25% of evidence before mediation, then second 25% in another case or in later stage and then finally my biggest ones in evidence stage. As time goes by they will keep seeing the pressure on them rise as well as it might on me (think pressure on me might decrease as I am getting used to being alone :) ), will get some sort of visitation rights and if I am lucky then custody as well of at least one child out of 2 children.

A lot of them are in original media and I will give them copies in CD - phone conversations of her with her parents...and mutual discussions recorded.

Do u think this is Ok strategy?????? Why do police say that audio evidence will not help, and they r discouraging me to give evidence, they r saying to give before chargesheet or after ?????????????

Thanks to all of u experts.

Ranee....... (NA)     14 October 2013

Don't give the original to police.They are bribed and if they damage those evidences then how would you prove in the court that you are innocent?

2 Like

dhruv (other)     14 October 2013

of course no originals to the police 4 sure only burnt cd

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     14 October 2013

Ranee is also rightttttttttttttttt


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