• DV case and application Under 23

My native place and my ancestral property is at Patna.
I am working(in a private firm) in Delhi
Married in 2001. Have two sons studying in 9th and 7th std. Came to Delhi in 2005 for job and later on purchased a flat in 2010, on my own capacity, but it was with the joint name with my wife.
My wife (Ph.D-Botany and LLB graduate but house wife) started creating trouble in my family, with me, abusing me and my other family members. Just to create  pressure on me to surrender my whole salary to her and to disassociate with the family members. She adopted various unlawful methods. Several times she threatened me to call police and put me behind bar on false police cases. It became her regular practice. This forced me to take another rented room, just near to my flat, and stay over there(since march 2014) to do my job peacefully. Taking advantage of this situation, her brothers (having criminal background, convicted in many criminal cases) started living in my flat with wife. They stopped me entering into my house. I filed several complain to police, but being a domestic matter, police didn't do any thing. I continued giving Children school fee, Housing loan EMI etc.
Next I filed Guardian and ward case which was decided Ex-party in my favor (In November 2015). On the stage of its execution (after a gap of around two years), she appeared in the execution case(in 2016) and now have given application to stop execution and to set aside the judgement. This is under consideration in family court. I took several steps to go to my house and meet the children, she didn't allow me to enter in my house.
Then she filed a case US 125, in which i replied that without any sufficient reason she is not living with me and rather I have been dispossessed from my house and children. The case is pending. 
Next (in 2016, i.e. after a gap of two years since I was dispossessed from my house) she has filed the DV case with many false alligations. When it came to my notice I appeared in that and filed objection. She has given notice to my employer and send a letter to my employer as well. This has created a problem in my job and denger to my job. Any time I may be asked by my employer to quit the job.  Ultimately for the last 4-5 months I have stopped paying the EMI of the housing loan (still 9 years is remaining) as it has become danger and uncertainty of my job. The bank has served the legal notice to me and to my wife also as she is also a co-applicant of the loan. Now she has moved a petition US 23 in DV case for interim relief for instructing me to continue paying the EMI and money. I have to file objection in that.  I have also filed the Section 9 case in Family court. In last month In section 125 case I moved an application that I want to live with my family and with my children and thus an opportunity of mediation is to be given. But she refused to accept the mediation offer. This has come on the record of the court (In Section 125 case). Now she just want to extract money from me, poisoning the mind of the children, their career is in stake  I am getting school notices about the poor performer of the children. She moved an application in school just to not allowing me to come to school and meet the children. Being a natural father I am  paying the costly school fee to the children for the last 10-12 years. Please suggest me what to do to counter the legal battle and at the same time to safeguard the career of the children and family life.
Asked 7 years ago in Family Law
Religion: Hindu

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3 Answers

1)if you stop paying EMI bank will auction the flat

2) since your wife is highly qualified draw attention of court to her qualification and that she can work and maintain herself

3) since you are joint owner of flat you are entitled to stay in said flat

4) if court directs you to pay EMI request court to pass orders that you be permitted to stay in said flat

5) section 9 case is useless as even if you obtain decree for RCR you cannot force wife to stay with you

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Unless court orders the school can not restrain you from meeting your own child.

2. However if the school acts in hostile manner then you can file suit for custody and seek visitation rights which is liberally given.

3. Send the money for the child only and let your wife file case for her maintenance.

4. if you think something else is poisoning her mind then find out the reason and resolve it amicably.

5. Do not file divorce suit just now.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Without perusal of the petition filed by her it is not possible to state anything on merit. If the children are in your settled custody they cannot be uprooted from you at the throw of a hat. The onus is on the mother to prove that you have failed to secure the welfare of your children. You can fittingly contest her case.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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