PLEASE HELP ME
Please refer to my last question titled :
Forum Home > Divorce > Family Law > Desertion by wife
link is:
https://www.lawyersclubindia.com/forum/Desertion-by-wife-33700.asp
Few days back, on 8th March 2011, I had send an informal letter to her by registered post (with A.D.), enquiring about her and her parents and asked her to come back. On 05.04.2011, I received a "SHOW CAUSE NOTICE" from 5th Midnapore Court (West Bengal) where she has alleged me of torturing her, physical and mental and has asked for a monthly maintainence of Rs. 15000/- . I am pasting a copy of her allegations below:
The above named petitioner humbly beg to state as follows:
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That the petitioner and the Opp. Party are married couple and their marriage has been solemnised on XX/03/2008 in accordance with Hindu rites and customs in Midnapore Town, (West Bengal) P.S.- Kotwali, - District - Paschim Medinipur.(West Bengal) subsequently the marriage has been registered on XX.07.2008 before the marriage officer at Mumbai. At the time of marriage the father of your petitioner forced to present 15 vories (150 gm) of golden ornaments purchased from P.C. Chandra Jeweller at Midnapore (West Bengal) in accordance with the demand of the. Opp. Party alongwith other dowry articles.
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That after completion of all the rituals the petitioner had been to her matrimonials house at Kolkata and used to stay there with the Opp. Party as husband and wife along with her in laws.
3. That ever since marriage, the matrimonial life of your petitioner was not happy. The Opp. Party is a man of introspective in nature and ill tempered he always prefers to confine himself within his own sphere and does not even bother to talk with your petitioner. The mode of life style of the Opp. Party is completely different from that of the petitioner and as such the Opp. Party does not want to give company to the petitioner. The parent - in - laws of the petitioner always used to jest her by saying rustic women, moreover told that the presented dowry articles were of inferior quality so they demanded further cash ofRs. 1,00,000/- ( Rupees one lakh only) for purchasing fashionable utensils and the father of your petitioner duly fulfilled the demand for having peace in the matrimonial life of your petitioner, inspite of that the petitioner was harrashed mentally by the Opp. Party and his parents on various ways.
4. That on 25th March, 2008 the Opp. Party took your petitioner to his place of job i.e. Mumbai and started to reside in a flat at Mumbai. After a few days the grace of the Opp. party changed a lot and as per advice of his parents over telephone he forced the petitioner to do all sorts of menial work against her will and on failure thereof he habitually misconducted himself towards her and treated the petitioner with great harshness, negligence and cruelty. The Opp. party disclosed that he married the petitioner only to enrich himself with the wealth of his father-in-law.
5. That the Opp. party thereafter demanded Rs. 20,000/- (Rupees Twenty thousand only) for purchasing scooty and the father of your petitioner then and there fulfilled his demand, even though the Opp. party does not give any vicinity to the petitioner and always used to neglect her.
6. That day by day mental torture upon the petitioner goes on increasing considerably off and on opp. party used to abuse the petitioner with filthy languages and on protest she was subjected to physical torture now and then, by the opp. party.
7. That as soon as the demand was fulfilled, the Opp .Party once again pressurise the petitioner to bring a sum of Rs. 15,00.000/- (Rupees fifteen lakhs) from her father with a plea that he has decided to purchase a new flat for their better accomodation but the petitioner promptly refuse to do so, when the Opp. party become furious and started to inflict physical torture now and then.
8. That the petitioner tried her level best to change .the nurture and character of the Opp. Party but all her effort become futile.
9. That as and when the cruel behabiour and torture of the Opp. Party reached at his highest level, the petitioner compelled to call her father and on 19 July 2010 she was forced to leave the flat of the Opp. Party with her father. The Opp. Party directed the petitioner in a very rough manner not to return to his house again and told that he has decided to marry again soon.
10. That the petitioner received a serious mental pain and agony due to cruel behaviour of the Opp. Party since 21st July 2010 the petitioner has been residing at her father's house having no other alternative. The Opp. Party did not take any information, nor provided a single pennie for her maintenance.
11. That the Opp. party is a Mechanical Engineer and now working as a Class A Gazetted Officer, Mumbai and receive a sum of about Rs 45,000/- (Rupees forty five thousand) P.M. towards his salary, on the other hand the petitioner has no income of her own, she totally depends on her father for livelihood.
Hence, it is prayed that your honour would gracious1y be pleased to direct the Opp. Party to pay a sum of Rs. 15,000/- (Rupees fifteen thousand) P.M. to the petitioner towards her maintenance and Rs. 5,000/- (Rupees five thousand only) as litigation cost.
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All of the above are FALSE, FALSE and FALSE. Yes, it is correct that I had accepted a sum of Rs. 120000/- from her father as gift after marriage, but it was NEVER DEMANDED. I NEVER DEMANDED IT. NOR MY FATHER DEMANDED IT OR DEMANDED ANY GOLD. In fact it is her father who almost pestered me to take that money. I had opened a joint a/c with my wife in order to avail of locker facilities to keep ornaments of my wife. Then on insistence of my wife and father-in-law I accepted the cheque. It is true that the money was used to purchase a scooty and avail some household expenses, but I NEVER ASKED FOR ANY MONEY. In fact, it was on my wife's insistence that I purchased scooty with that money. All other articles of my house liKe T.V., FRIDGE, WASHING M/C, microwave oven, I purchased with MY MONEY. Also the cheque was encashed 6/7 months after our marriage. The bank passbook clearly shows that. I never tortured her. I never neglected her. I always supported her in her carrer ambitions and have helped her in doing so. Also, my parents NEVER, NEVER tortured her. Also, being a class A gazetted officer, the salary I get, is sifficient to cater my needs and Rs. 120000/- is not an amount with which I would become very rich.
Now my questions are:
(1) Since she has filed a show cause notice against me in West Bengal, shall I have to go there and contest the case ? Is it possible to contest the case from Mumbai ? Because I work in Mumbai and going to Kolkata is 34 hrs by train and then 4/5 hrs. by train from Kolkata to Midnapore (her home town in West Bengal). Also I have always asked her to stay with me, I never asked her to leave. It is she who has quarrelled with me over petty issues and has left her matrimonial home without just cause. So, is it possible to contest the show cause notice from Mumbai without having to go to Midnapore(or send somebody there) ? Also I have to take leave from office for contesting a false case.
(2) Since I had accpeted money from her father, does it means or proves by default, that I tortured her for dowry ?
(3) What should I do now ? I have been directed to be presented in Midnapore court in mid of May.
Please reply early.
