MyNation Foundation Forum » Advice » Domestic Violence

HASSESMENT BY POLICE AND EX-WIFE

(4 posts)
  • Started 7 years ago by Supreet
  • Latest reply from Adv.Kachave
  1. Supreet
    Member

    Dear Sir,
    I have one post on my issue with my ex-wife posted on this blog ( How to save my self from Domestic Violence), I had received notice from my ex-wife claiming domestic violence and I had to appear in front of their court on 7th-September-2009. I went to the court as required and when I reached Chandigarh I did not know exactly which court to go as per the notice it was not clear, I called my ex-wife's lawyer that I had reached Chandigarh from New Delhi and where I had to be present. I was told to reach Sector 17. I reached the court of Shri Balwant Singh and went to the lady incharge and told her that I had been called here. She asked me to wait. Ex-wife lawyer and my ex-wife showed up, I was asked by the Judge Why I had called the parties to the court. I maintained that I had recieved the notice and according to the notice I had come there, The judge asked my ex-wife that " HAS YOUR MATTER SOLVED NOW AND WOULD YOU LIKE TO GO BACK TO YOUR HUSBAND" I interrupted and said that Honorable Sir, I have already been divorced in the courts of Tees Hazaari, New Delhi on 28th-February-2009 and that I had not come here (Chandigarh) with any lawyer and I just want to compromise with my ex-wife and settle everything amicably. My Ex-Wife was told by Honorable Judge " DV should not stand as already divorced and what ever you concerns you should come up with draft of compromise and come back to me in some time". I walked out of the court of Shri Balwant Singh and spoke to my ex-wife and her lawyer. Her Lawyer said that you both should come up with compromise , so I walked to the side with my ex-wife. My-Ex wife said that in education maintainence I should pay to her Rs. 10000 per month, I should return back the car that I had which is in her name and installments are being paid by her brother through bank, I paid down payment to the car company namely Auto Pace and we had bought Alto Lx from Chandigarh. Money had been transferred by my father from Dubai to my wife's, NRI account in Chandigarh Rs. 470,000 /- as general maintainence for both of us at the time when we were married and within 12 days from the date we got the car on installments. I had withdrawn cash from the bank on 14th-Feb-2008 and had gone along with my then wife to the car company, the down payment paid was 80000 out of which 10000 was for car insurance and 10000 for car stereo. The receipt was made in my wife's name and ever since from Feb 14-2008 to March 14-2009 I had paid monthly installments in cash to her brother, The car was completely maintained by me. I thought on 7th-August-2009 that since I had not been able to pay for the installments from March 14th-onwards I would return the Car back to my wife on 7th-September-2009. Now When I told my wife that I would not be able to pay 10000 right away as I am doing Post Graduation and not working I would make a Annual Monthly installments of 3000 and gradually increase after 4 months time. According to my divorce decree from court in New Delhi I am responsible to pay for my child's upbringing and educational expense. Now I have explained in my blog ( How to save my self from domestic Violence.) What had happened till July 1st. Now my ex-wife told me to come to the parking lot and we would draft the whole compromise there. I went and she again said " You think you will not pay me the money for our sons upbringing according to what I ask and not give me the car" I said I have come here to settle everything and I will give you the car in 2 hours I have no issues but first please draw the whole draft for compromise" She Said You are in Chandigarh and you do not know whom you are dealing with and you do not know what could happen to you and that you are all alone here right now" I thought she was not in mood to compromise so I decided to walk off and talk to her lawyer, as soon as I turned around the police showed up and told me that you are under arrest and have been charged with Kidnapping, Theft and cheating with your ex--wife and I had to go to the police station with them, When I asked them where is the arrest warrant they said that they had a letter from court on 27th-August-2009 that I had stolen the car on 7th-March-2009 from my ex-wife's parking premises (Though the car was with me in Delhi at that time and in the parking surveillance of my residential Society in New Delhi). I had to relent and went to the police station there they threatened me that I had committed a offense and I was to be sent to the judicial lock-up until 8th-August-2009 where I would be produced in front of court for bail. I requested that I was drawing up the compromise with my ex-wife and that I had bought the car to Chandigarh to give to them only. The police did not listen, then the girls lawyer came to the police station and said that I had to be locked in Jail. My present wife ( I re-settled on 18th-July-2009) came with the car and spoke to my ex-wife and her lawyer that not to stretch the matter too far and that we should compromise her lawyer said ok and said that if my ex-wife draws up an affidavit in court I shall be produced on 7th-August-2009 itself in courts for bail. My present wife went to the courts and I was put in police remand. The police drew the case that they had re-covered the car from the streets of Chandigarh, though my present wife had bought the car in to the police station. I was produced in court and bail was applied and then I was taken to my ex-wife lawyers room and said this is the compromise draft in which I was asked to pay for my sons school fees and sons maintainence from March-2009 onwards and car installments amounting to 1,30000 roughly by 8th-October-2009 and that I had to pay 8000 per month as my sons maintainence, When I told her lawyer that I wanted to re-draft as my son was with me till July 1st and that I had paid for his schooling and upbringing then Why should I pay again to my ex-wife. He said that if I wanted I could tear the draft of compromise and walk away and that He would ask her client (My Ex-wife) to withdraw all clauses for settlement from court and that would mean that the police would be proved right and I had to go in Jail, I had no choice but to sign the compromise deed and my present wife stood witness. In regards to my son I have been told that I should give my son a mobile phone and can speak to him once a week at 7pm and meet him twice a month for 3-5 hours on sat or Sundays. I have also been told that my monthly maintainence would not exceed 8000 even thought my ex-wife if she wanted spend any amount on my son. Now the Chandigarh Court has asked me to come to the courts again on 16-September-2009 for presenting the compromise deed. I have been harassed by law by the lawyer and I am mentally disturbed by the whole thing. I had transferred a lot of money when i was married to my ex-wife and put money in her bank account. I have all the receipts. I know that law here is very cumbersome please advice.

    Posted 7 years ago #
  2. ADMIN
    Key Master

    You say you divorced her already;
    Once Divorce is final no case is maintainable other than custody.
    why are you dancing to her tune.
    After divorce there are no Legal Bonds to your ex.
    If you have all recipts of Car purchase and money transfer,and still she harass you put criminal case on her.

    498A CRUSADER
    MYNATION.NET
    SUPARI.ORG
    Posted 7 years ago #
  3. sanjaymehra
    Member

    Tell her to go jump in a lake. The divorce was in Tees Hazari and that is where she will have to file anything if she wants to. Get a lawyer in Chandigarh and tell her to go jump. You seem to be very soft on her and she is taking advantage. She has no case and any agreement that she forces you to sign in a police station is not valid.

    Posted 7 years ago #
  4. Adv.Kachave
    Blocked

    I think, i have already advised you, to approach before the concerned court & file your reply through your lawyer, you defend the said matter, no need to be worry.
    9821387099, 9224799546.

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Mumbai-4000023
    Posted 7 years ago #

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