• Suggestions regarding maintenance and divorce

Hello Sir,

My father passed away in the year 2015, May 21st.

After that my wife along with her brother and father's brother lodged fir against me, my mother, my uncle and his wife in the nearest police station on 25th Sept. 2015, in which police detained me for 3 days and even beat me in the prison. on the 3rd day 27th sept 2015 they with the help of police seized all the things including our home items including 10 lacs of gold and silver ornaments from our side and my cash which i kept with her. She had also taken away costly mobiles and watches which i had gifted her and also costly sarees and dresses purchased by me for her interviews. SHe had also taken away a 500GB Hard disk of mine which stored my life long works. I was sent to jail the same day. I got bail on Oct 1st 2015.

Now she has lodged 3 cases and the most recent of 4th April 2016.

I was going to join a company in Kerala on 25th May 2015, due to the death of my father i could not move there as per rituals to be completed till 1 year. Now I am jobless and doing freelancing jobs depending on the availability of job. The Judge family court has granted interim maintenance of Rs. 4500 on 27th December 2016.

The 1st case police has not given the charge sheet.
2nd case is Domestic Violence which is continuing.
The 3rd case is in the Family Court which the judge has granted interim maintenance of Rs. 4500 per month.

4th case relates to the incident which they falsely described before the nearby police station under which the Court premises comes. That day was counseling of 2nd case. She and her Father's brother threatened us, but went to that police station and stated that we threatened them. They also said that I and my cousin brother threw some liquid like substance on their face. They asked the police officer to arrest me and my cousin brother for the 4th case. Police didn't arrested us but left us on some conditions.

For more information i want to say that My uncle sometimes visited our house after my father's death for asking our well being.
My wife didn't cared for any of us (Me, my Father and Mother) by seeing such situation my Mother's mother asked my Uncle's wife to stay in our house for few days and take care of my mother.

My wife didn't perform her duties towards me and my parents and she became more ruthless after my fathers death. She always asked me about my financial status and always provoked me to take her with me and to stay away in a rented house which i always strongly denied because I loved my parents very much. She will wake up late and by that time my uncle's wife have already prepared food and have done all the household duties which a daughter in law should perform in her inlaws house.

Now she is staying in her fathers house from 25th September 2015. She kept a condition while i was being sent to jail that either you choose me or your mother. There are many more things about her. She had also done a job privately but she is denying this fact in court. When I produced the same photos (she working in her offfice) before her in the court she strictly denied that and said the photos are photoshopped.

I am unable to pay the maintenance in this situation. My and my mothers health is also not well. We both are having High B.P and Diabetes.

During my father's presence we have found many Witchcraft and Sorcery items kept by her relatives when they visit our house to meet her.

I am ready to accept her, I don't want to go for divorce if she agrees to come back. I had talked with her mother but no fruitful solution came out. She said she will talk with my father in law and tell me. But they kept quite.

Her advocate spoke to one of my friends that:
My wife is not at all agreeing to come back to my house.
She is ready to dissolve the case on the condition she is paid a lump sum amount.

Regarding the seizure list I had filed 2 applications under RTI act asking the Police to provide me the seizure list. But that also didnt showed any fruitful result. The police didn't gave anything and remained silent.

Then after running to police station several times After 6 months the police is giving me a 13 page list which is provided by my wife and which didn't bear my sign.

Then being hopeless I approached a senior police officer. I managed to get the Seizure list after 9 months of this incident which also didn't have the gold silver ornaments and other items taken by them from our house mentioned in it.

I am planning to move to High Court against the decision of this court as the judge hasn't talked or asked anything to me and passed this order.
Kindly give some advice in this regards what can be best done in this regards.
Asked 7 years ago in Family Law
Religion: Hindu

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2 Answers

1)file for divorce on grounds of mental cruelty

2) wife making false allegations against husband amounts to mental cruelty

3)wife forcing husband to stay away from his mother amounts to mental cruelty

4)if your wife has taken 10 lacs of gold and silver ornaments belonging to your mother but it is not mentioned in panchanma then complain to senior officers against local police officers for failing to disclose the items sezied from your residence

5) you can also make application in high court that gold and silver , and other expensive articles seized are not being reflected in panchanma and trail court has refused to entertain your application in this regard

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

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Under the given situations, you have to decide about continuing the married life with her.

You have not stated that why did she act so ruthlessly as described by you.

All her cases are to be challenged properly on the basis of merits in your side.

If she is sending a list to be fulfilled by you, it can be denied asking her to prove the genuineness.

You can approach high court but what is the purpose and how do you think that this will solve all your problems.

Are you planning to approach high court every time for each and every injustice done to you?

Analyse the facts by giving a long thought very patiently and decide wisely at right time.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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