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S.B _Kolkata (Service)     21 December 2010

Wife left matrimonial house _very urgent, please help...

My wife is staying at her parent's house since the day of discharge from the hospital after give birth of my daughter. It is more than one year. Earlier stage I was visited their place in a normal course. But when I understood that she is so reluctant to come back my house and trying me to get separate from my old poor parents, stop to go there.

 Every month I am sending her money henceforth no telephonic conversation is made with her or her parents. She belongs in a women dominated culture and regulated by her Mother mainly. Also I have sent 04 nos letter with AD to get her back. But instead of rejoin she has started to send me false fabricated SMS consist of Dowry harassment, Suicidal threats etc.

So I have decided to make a GD to our local police station stating the all facts as an advance declaration from my side is it effective to prove my innocence? Apart from that  what are the effective steps should I take immediately to save my old poor parents first from the initial harassment they are intended to do  and finally to prove her that she has left our house at her own wish and trying to get rid of this marriage by taking a chunk of money. 

I have already made a letter, yet to be submitted to our local police station. But getting fear that based on the letter police will react and provoke her in various ways and means which will affect me adversely. So what should I do? Please advice. I anticipate that if I file Divorce first, she may file 498a. Now she is asking me to send her original birth certificate of my daughter. I replied that "anything can be obtain if she comeback with my baby and stay with me according to my financial status". What would be the reason behind that for asking Birth certificate?? Please advise...

 



 13 Replies

Saurabh..V (Law Consultant)     22 December 2010

@RB

 

You stated that your wife is staying away from you since the very day after giving birth to your child and its been a year. Also that despite your genuine efforts, she is not responding positively.

 

In view of the above circumstances you have recourse to the ground of restitution of conjugal rights. With this petition you express your anguish over the behaviour of your wife and also you state all what she has been doing to you. This would show and become a proof in itself. You can elaborate everything which you have gone through in this last one year and how your wife has wrecked mental cruelity upon you by depriving you to stay with your child and also by threatening you.

 

However police is not meant to protect us rather their manuals and our laws say so. It is a fleet of organized crinimals (as noted by Hon'ble Supreme Court of India) which, for their personal ulterior motives break a matrimonial home by provoking both parties. So do not rely on them. It is expedient that you take help from the relatives and elders of your family. Also try a mediation with the help of third party by including your family and your wife's family in that mediation. This would substantiate that you genuinly made efforts to bring her back. If you have some mediator who brought this proposal of marriage then include him/her as well. Make it public and do not hesitate. You are not wrong and the one is wrong, let everyone know !

 

Filing divorce should be the next step.

 

 

//peace

/Saurabh.V

S.B _Kolkata (Service)     22 December 2010

 

Sourabh Sir,

Thanks for your valued advise. Also to inform you that.............

My wife has a past criminal case. She was sentenced to suffer 05 years rigorous imprisonment in a burgeling case. After her discharge from the jail she changed her name by affidavit. After onward I got married her.

 

Now the situation has been changed. She is likely to file 498a/406/307/125/ etc against me and my family. My specific question is how to reveal her past name or the said affidavit copy. This will help me lot for the annulment case. Never she or her family had informed us about her past. Some how I have came to know. Bu the problem is to prove herself by her current name. Pease advise me. Is it possible to have that affidavit copy? I have got the said judgement also (burgeling case). -Regards R.B

G. ARAVINTHAN (Legal Consultant / Solicitor)     22 December 2010

better you first file application for divorce under the ground desertion

M Ravi Kumar (advocate)     22 December 2010

It is better to approach nearest qualified legal practioner before case getting complicated and act as per his advice in view of  above facts.


(Guest)

lCI experts replied 

shivanand sharma (penal lawyer)     22 December 2010

hi r.b pls contact on mobil 09359696961 for shivika associate a group of legal expert at meerut

Saurabh..V (Law Consultant)     22 December 2010

@RB

 

Such allegations could cost you dearly if goes unproved. However if you have got to know from a reliable source then you might put this in your petition for sure. This should be presented in a form that court orders inquiry by police to find out if she was ever convicted. This is a very good ground that a decent gentleman would not like to marry a criminal who was earlier convicted. Having said this, if there was only involvement and no conviction then it will not be a ground of fraud. No seperate affadavit is required in my understanding.

 

 

//peace

/Saurabh.V

Saurabh..V (Law Consultant)     22 December 2010

@RB

 

Annexe the judgment copy with your petition as an annexure..

 

 

//peace

/Saurabh.V

S.B _Kolkata (Service)     23 December 2010

Sourabh Sir,

Under this situation I am really confused about the action that should I take immediately. Whether RCR or Divorce petition.. Although I have determind that I shall not be able to continue this relation. Hence you are requested to guide me , what the appropriate action I must take to give her good fight as well as to save my old parents from the initial harrasment by te police? Annulment or Cruelty/desertion??? Please advise me.

S.B _Kolkata (Service)     24 December 2010

Please advise me..

paramjit singh (self)     13 January 2011

I have carefully read all the discussions, my experience says it will be very difficult to save from the 498a stigma even primarily very substantial evidence does not work because its dowry Mafia consisting of bride, police, some advocate and even court. so in my opinion you first of reconcile and start leaving separately from your parents and begin to collect the very substantial evidence in a very secret and planned mission. u have also not cleared the marriage span. i advice u to be very careful.

Gajender Singh (ca)     13 January 2011

its already one year. very very very late for cases. i mean cases can be filed still,but they will be very verty very weak. dont bring her back. even if she apologze or cry. this 1 year of separation is your strength dont loose this. If she come back, your case will become weak. If you dont want her to join you, dont file rcr and file divorce. After divorce all her cases will be a counterblast. DONT BRING HER BACK AT ANY COST.....YOU WILL BE TRAPPED.....

paramjit singh (self)     14 January 2011

please note that only after one year of sepration after the RCR order passed in your favor u can file DV. so be careful and be particular and u too study the bare HMA act yourself. i am again stressing first  be sure yourself because in such situation one must be by brain& logic not heart and emotions.


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