Civil Procedure Code (CPC)

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oxy (mba)     05 July 2015

Tricky wife

Hi,

i am in a very depressed mode of my life..need help with experts

1) i got married 3 yrs back and have a child , me and wife  got seperated 2 yrs back..she started staying at her parents place.

from 2 yrs she started harrasing me.. 

1) she filed againsted me at womens cell ( the lady cop called me and spoke to me and explained our problems and she did nt filed any case against me )

2) she filed rcr and maintainance ( we agreed to pay maintaince as i felt iam paying for my son and she is working )

3) recently she filed dvc by saying harrasement case.

my lawyer filed a divorce case.

she been threating me this is only a sample, see what all cases ill file against u.., she is saying we will stay seperate..u should no see any women or marry any lady..i wont give u divorce..i am alone son to my parents..his father threating me ill kill u and all my fathers property belongs to my son indirectly belongs to them. i am sick and tired of fighting with them..how can i get rid of them..when she is not ready to give divorce

 

 

 

 



 11 Replies

oxy (mba)     05 July 2015

can u suggest what can i do

 

harish (Advocate)     05 July 2015

u said that recently she filed dvc by saying harrasement case, so in this case she cannot file dv case as there is a high court judgment to that effect that after sepereatiob of 1 year wife cannot file case aga inst husband under pwdv act as there is no domestic relationship existing bet u and your wife since past more than 2 yrs. it has come to an end. submit the judgment in the court and get her case  dismissed  here is the judgment:-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Amk
CRIMINAL APPLICATION NO. 160 OF 2011
Sejal Dharmesh Ved .. Applicant
Vs.
The State of Maharashtra & Ors. .. Respondents
Mr. Amit S. Dhutia i/b Niranjan Mundargi for the Applicant.
Mrs. A. A. Mane, APP for Respondent No.1State.
CORAM : MRS. ROSHAN DALVI, J.
DATE : 7 th MARCH, 2013 .
P.C.
1. The applicantwife
has challenged the order of the Court of
Sessions at Greater Bombay dated 27.10.2010 holding that her application
under the Prevention of Women from Domestic Violence Act, 2005 (D.V Act) is
not maintainable because she was not in any domestic relationship.
2. The applicant married on 04.05.1999. She lived with her
husband in the US. There are two issues from the marriage. She returned to
India on 11.02.2009.
3. She filed her application under the D.V Act on 18.01.2010.
4. The learned Judge has considered that under these circumstances,
she having come to India in February, 2009 and having filed this application in
January, 2010, there was no domestic relationship between the parties. The
learned Judge has considered the definition of domestic relationship. Of
course, that relationship is defined to be one of which the party then lived and
had earlier lived. That would be during the subsistence of the union between
them. The application under the D. V. Act could be filed, when the marriage
::: Downloaded on - 29/03/2013 18:20:22 :::
Bombay High Court
(2) (4) APL 160/11
union subsisted. That having came to an an end and long after the physical
relationship came to be an end, she having returned to India, she cannot be
taken to be living in any domestic relationship in India.
5. A wife who lived in a domestic relationship earlier, but which
ceases only because of any domestic violence can certainly file an application
for such domestic violence that took place whilst she lived in that relationship.
Such application is required to be filed within a reasonable time to show that
relationship would give her the cause of action to sue under the D.V. Act for
the reliefs under the Act.
6. A wife who has returned from the USA and consequently from the
domestic relationship and lived in India for one year cannot file an application
with regard to that relationship after such time. Such wife cannot be taken to
be in any domestic relationship. The order of the learned Judge is, therefore,
correct. The writ petition is completely devoid of merits and accordingly
dismissed.
(ROSHAN DALVI, J.)
::: Downloaded on - 29/03/2013 18:20:22 :::

harish (Advocate)     05 July 2015

there are another judgment that wife leaving husband on her own is not entitled toany maintanance

Deb_Narayan_Halder_vs_Smt._Anushree_Halder_on_26_August,_2003

Partha_Pratim_Basak_vs_Arundhuti_Basak_on_7_June,_2007

Biswanath Roy (Advocate)     05 July 2015

From the given facts I presume the dispute and differences can be settled amicably by intervention of both side parents and well wishers. of course if you desire so, otherwise you may proceed for legal relief following advice of Learned Advocate Mr. Harish.

Dr J C Vashista (Lawyer)     06 July 2015

1. Anonymous author in the adopted name of "oxy" should have been neglected. The author has posted similar queries on this platform today itself.

2. As rightly observed by Sr. Advocate Mr. Biswanath Roy these are trivial issues between husband and wife which can be sorted out and the marriage institution can be saved.

3. Seeking divorce is an extereme step and running out from the matrimonial responsiblity of the parties, discuss and sort out the differences by mutual consent.

4. Consult your lawyer for further query,advise and guidance.

oxy (mba)     07 July 2015

thanks a lot for your help sir..i sent that copy to my lawyer. i did not went for dvc case as my lawyer said he will file a statement, but the cops called me for dvc and started counselling me ..the lady counsellor was one sided asking her to go to my place and stay with me.

2) If she says i wont give u divorce ..how long the case goes?? I read online if a husband and wife staying seperate for more then 2 years the court with grant divorce ( is that true ) . here in my case cleverly she filed rcr ..by saying give me right to stay with my husband.

help needed..thanks

 

stanley (Freedom)     07 July 2015

@ author 

Welcome to the world of litigation and face the family pack of cases as @ raj has put it and also welcome to  the music of one sided gender biased laws !!"  Domestic violence Act " which can be filed at anytime which you have stated that she has already filed .

This is just the start . Over the course of time you will get used to the music of attending court cases and you will get stronger and stronger day by day provided you visit and pray to your God and  Provided you keep reading a lot of posts on the concerned subject you are facing and have the patience to endure 5-6 yrs running around courts .Alternatively speak to your wife and try to settle the issue by mutual divorce consent rather than contested divorce which you have filed .

Once a case goes to court it is as good as the marriage is over . Be strong and tell her to file what ever she wants , since whatever false allegations she levies on you the same has to be proved and the burden of proof is upon her to prove the same .  

1. I dont think so the above judgement applies to your case as you were living togather in india . And the above judgement of Roshni Dalvi has gone into appeal . 

2. Maintenance to your child is co- extensive and both the spouses have to contribute . Rest has been already explained in the other post about your query of maintenance .

3. I feel your wife is madly in love with you as she is telling you that you should not go after any women or marry another women . Looks like she is possessed of you . She cant do without you .

innocenthusband   08 July 2015

Originally posted by : stanley
@ author 
3. I feel your wife is madly in love with you as she is telling you that you should not go after any women or marry another women . Looks like she is possessed of you . She cant do without you .

Sorry to say that this is completely wrong.

 

OPs wife has a narcissistic/borderline personality disorder. It is characteristic of them to destroy the other person, and not let go until they are completely finished with them.

In the interest of winning this case you must immediately cease all contact with this person and go incognito, if you want to prosper in life and continue living in dignity without this abusive leech hanging on to you with no reasons whatsoever.

Follow up with your lawyer on extricating her from your life permanently and see to it that you get your divorce. It doesn't matter if she says 'she won't give it'. Show that you have a spine and you have the will. And the courts will oblige.

Biswanath Roy (Advocate)     08 July 2015

The cow whose shed was burnt by fire gets afraid of seeing red sky at dusk.

great india (manager)     08 July 2015

Watch tanu weds manu returns...... And Chillax

oxy (mba)     09 July 2015

Dear Sir

 

The order copy u sent me from mumbai , i am from different city. Does it work??

 

 


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