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soham (sales man)     31 May 2009

wife not givng divorce and torchering for the property

hello friends,

i have posted my query many days ago.yhe final conclusion was thatnthat its more a family matter then the social matter.my wife filed a case against me of 498 and she is stil not ready to take it back.now she lives with her parents.no one from my family member is ready to help me.when the date of the case comes,only at that day she comes to our home.

now she is saying that if i am giving her the house and all the properties,to write down on her name,and after that she will see if i am not harresing her,then only she will give me divorce.i gotready  for that also.but she again changed her mind and told me that she will sign on th paper in presence of her father and she again went to her perents.now as no one is helping me in my house,i left my home and now leaving outside alone.now what to do?

i just dont understand.she is now torturing me a lot.

please help me.can i win the case if i file a divorce case against her?

please please help me.



 21 Replies

aruntrivedi (lawyer)     31 May 2009

yes contaact good lawyer and file case for seeking divorce u/s, 13(a)

1 Like

Khaleel Ahmed (Legal Advisor)     31 May 2009

You need not to give your property to your wife.file a suit for restitution of conjugal rights.If she refused to join you, then you can file suit for dissolution of marriage as per Hindu Law. Then you both can settle the matter in Lok Adalath by mutual understanding.
1 Like

Rehan Chhapra (Lawyer)     31 May 2009

its a cruelty on her part. u Can definitely file a case and there are fair chances of u winning

1 Like

soham (sales man)     01 June 2009

thank you all for the advice.

I and my lawyer has prepared all the docs. and stamp papers written that I am giving her all my properties and custody of childrens as per her wish.but afterwards she refused to sign the papers.she talked with my lawyer and told himthat i have extra marrital affairs with a girl who is in my blood relationship which is absolutely false.then my lawyer asked meif it is so.i clarify the issue .then he was saying that he cant speak between husband and wife.after hearing this kind of words my trust has been become down on him about winning the case.i have paid him 2500rs.for the bail of my 498 case and then 1000rs.as the fees and yet to pay1500rs.As i am coming from middle class family this much of expense becomes unbearable.

what should i do?should I change my lawyer? 

Advocate.S.A.Siddiq (Advocate)     02 June 2009

Do as you like . It will safe your life.

1 Like

Binod Kumar Mishra (Government Service)     02 June 2009

Dear soham,

from where you belongs to. you need not to be scared. we will help you very much. you need not to give even a single penny to your greedy wife. i will definately help you. you may win the case by filling a petition under 13(A) HMA. you may also file restitution of conjugal right. please write me in detail and you may win. don't give anything to your greedy wife otherwise this type of habit will put the society below.

1 Like

Vishwa (translator)     10 June 2009

 

Dear Soham

I was moved by your case because it is so similar to mine. In brief, my wife indulged in violence, threatening to file cases against me, usurped my house and put me out on the streets, all in the hope that I will transfer the property in her name. In this, she was also in conspiracy with some local politicians. Her efforts were foiled because I fought back, escaped from her clutches and am now in a strong position;

I am not a lawyer and I do not believe that all of life's problems can be solved by courts and lawyers, even though they do have their place in the society. What I am trying to say is that you should decide your own fate in an independent manner and being responsible for whatever happens to  you gives you a strong motivation for success.

Do not give  your wife any thing if you feel you have not done anything wrong. Let her fight bitterly for every penny she hopes to get from you. Use her own tactics against you. Such abusive persons are always dead scared of being cooked in their own sauce. 

1 Like

soham (sales man)     14 June 2009

thanks for the suggestion.

my lawyer told me that if i will file a case against her now than the situation will become complexas my 498 case is still running.I am from kutch.can you please give me ur contacts.

soham (sales man)     16 January 2010

again after a long time I have came to this club.

friends the situation has got worst.

I just dont understand what to do?

the case of 498 is still running.

i have prepared docs.of my property to give her everything which is mine.

from past 11 months I am leavig seperately from my family and my wife.

on december 30,2009 she said that if i return her all the furniture and household things then she will get back her case.i returned her all the things of my home which i have brought from my own house.now i am having only blankets and pillow and some kitchen applinces. thats all.and i got agree to give her100 rs.every month and to be present whenever she calls for any matter of the childrens.

but again she lied me and turned from what she said.

when our turn came to the judge she told that she wants to keep the relationship.

but i dnt want to keep any kind of relation with her. now i am so so tired from all of the stuffs.

now should i file a case of divorce against her?

soham (sales man)     16 January 2010

the next date for the court is 30th january,2010.

pls suggest me something which can solve my problem.

Hardik Mehta (Family Counsellor)     17 January 2010

Soham,

First of all do not bow to her demands and give the property in her name. This is extortion. If you have given the property in her name then file the case of Extortion against her. She is not going to come to you at all, this marriage is dead. Just do not sign the documents even if your lawyer or judge forces to sign. Tear the documents.

 

Tell the judge that enough is enough. Pursue the case of 498a and fight it properly. Contact Save India Family Foundation member and they will be able to Help you. What she wants is to take your life and nothing more. Dont give her the money, let her file for the maintenance case. You can file the case of divorce on the grounds of cruelty and desertion. I would suggest you to wait for 1 more year to file the divorce case, till then take the longer dates and fight the case. Do not commit anything. At one point of time in 498a case, you will be in the stronger position. Hit her with legal case of perjury at that time. She will give the divorce without any alimony.

1 Like

soham (sales man)     19 January 2010

thank you sir for your valuable suggestion.

sir,should I start complaining to our caste community.by doing this my family members as well as her family member will become in a very hard position as no one will communicate or keep any kind of relation with them as they will become isolated? 

soham (sales man)     19 January 2010

 

and not 100 rs.bt it was 1000 rs.bymistake.

soham (sales man)     16 March 2010

hello sir,

can I do maitrikarar with my cousin sister as the 498A case is still running?


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