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Victim of Domestic Harrasment by wife and her family members

(6 posts)
  • Started 7 years ago by srkraidu
  • Latest reply from Dr.Dsouza

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  1. srkraidu
    Member

    *Victim
    of Harassment*_
    Thanks a ton for help and support through this forum. Based on
    suggestion(s) read on the subject matter 498A, I am putting my prima
    facie -
    We are family of Four - me, mother, father and married Sister. My wife
    side - herself, mother, father, unmarried brother,unmarried sister, her
    grandma and many more relatives surrounding her parents house. Now I am
    compelled to live near their home on the pretext of children, trivial
    issues and differences that led with my parents by her including her a
    total of 15 members from my her side and me single in our respective
    houses.
    Just to be frank, i nor my family members did ever enquire anything
    about her before or after the marriage. After marriage because of her
    doings we had to come to conclusion from her conduct, her former
    employer and also her mother's cousin that something ado has happened
    before marriage. I didn't take all with heart, as i just wanted a pure
    living. I didn't put all this into petition as i didn't see her conduct
    before marriage. Now when the trouble arose, i find most women are born
    with deceit and lies. It is their instinct for procreation. So i am
    finding fault with her. Because to my utter dismay, at the end of
    fourth year i was considered inhuman as i was not given food when i
    reached home after work around 22.30 Hrs even before telling to prepare
    food at 18:00 hrs. As i could not go out and get food, used to sleep
    empty or eat what is available at that time. This happened several
    times. When i objected moving out after 22:00 hours she used to come
    only after that time with her parents house being a furlong away.
    Reason for objection was, earlier on this aspect when i asked to come
    at 22:15 hours, she claimed it was very night and will not come. The
    matter led to elders meeting later. There happened several family
    meetings earlier on or more aspect, disregarding our contention to
    bring a third person or their elder was never heeded by them.
    As I was facing great mental injury and also physical injuries at time,
    in March, 2010, I left my wife after hectic waiting of 4 years after
    marriage only because i wanted to see a change in her behaviour on par
    with that of a normal human being. Unable to bear torture by her and
    her parents and relatives over there. But could not find any change
    after these many years made me leave due to their cruel and mental
    attitude, I no more wanted to see any mind games and didn't want to be
    part of ugly verbal abuses day after day. As mental injuries are more
    grevious than physical injuries, moreover it is in violation of my
    fundamental right of living and dignity, i decided to quit.
    There after my wife kept calling now and then for about a month, I
    responded.
    Untold harassment was resulted in the last few days before parting in
    all the ways. The last night before my leaving was beyond words, all
    through night fighting, scolding even physically and much more. She
    even demanded money for conjugal life, for doing domestic work, for
    facilitating me,........... list is endless.
    So i have applied for divorce based on irretrievable breakdown which
    can be attributed from the extract of the petition that is filed. I can
    prove beyond reason by giving the written or an evidence of substance,
    that the marriage has irretrievably broken down and ask the court to
    intervene for dissolution of same; despite my wife shedding tears in
    court.
    There is a vibhishan on their side named Bujji, the chief mentor for
    this alliance with them, now on their side, no talk with her from a
    long ago as she was made against us by false talk. She is a un-divorced
    lawyer living with his father although his husband is alive who is
    leading a single life for about 20 years after having their only girl
    child. She is one bottleneck that i have to cross check her, not rely
    blindly on my ex side knowledge, as she can double my case with some
    unexpected moves, i want move cautious. The other reason being AB
    failed twice earlier after giving notices.
    Incidentally, the First Hearing we are about to give the 'present'
    attendance happened
    to be on the day of the marriage. It is damp sure that they will not
    turn up(my wife side) and ask for a postponement being. Tuesday being
    the day of hearing, is in-aspicious or very aspicious days to them, all
    the 4 years they played the same game on this aspect of in-aspicious
    days like - Tuesday, Wednesday, Friday, Sunday every time when she went
    to her home, an innumerable times during these 4 years. Due to this
    aspect she was made to stay for more than 2 years in their home
    although when we were living in a individual house or living together
    with my family. My place was like a boarding school as her mother works
    in a school, whenever holidays, family events, functions came she used
    to go by hook or crook, or along with me.
    I was in much detail, as we ourselves see that there is not much
    strength in the all the happenings, but the harassment when met can be
    understood. They simply had bad word of mouth, improper behaviour,
    conduct all through which led to current situation.

    Thanks to all the forum members,

    SRKRAIDU
    Hyderabad
    srkraiduonline@gmail.com
    Modified to the one filed originally as i am not receipt of one filed,
    but the basic idea remains the same all through.

    DIVORCE PETITION FILED UNDER SECTION 13 OF HINDU MARRIAGE ACT, 1935

    1. It is submitted that an arranged marriage according to the custom of Hindu Marriages, was performed between the Petitioner and the Respondent in Hyderabad on 10-08-2006. It is submitted that at the time of marriage the Petitioner did not take any dowry. It is submitted that at the time of marriage as a custom gold ornaments weighing 2 tulas, necklace weighing 2 tulas and two rings weighing 1 tulas was given to the Respondent by the Petitioner’s parents.

    2. It is further submitted that after a week of their marriage the Respondent joined the company of Petitioner at his parent’s home where the Petitioner was living. The behaviour of the Respondent was beyond the reach of human expectation. On 26/08/2006 both the parents of Petitioners fell sick due to Chicken Guinea. But the Respondent left to former employers place without intimating the Petitioner who went to office who said to look after the ailing parents, with Marriage Photo Album at around 11.00 AM and returned home at 8.00 PM and did not reveal about her going when the Petitioner came from office later. The Respondent used to get up around 9.00 ‘O’ clock or later leaving all the house hold chores to Petitioner’s mother. Despite telling several times to take part in household chores she never changed her behaviour, in turn the Respondent used to pick quarrels with the Petitioner. This was brought to the notice of Respondents parents by the Petitioner several times but in vein. Vexed with the behaviour of the Respondent the Petitioner asked if she wanted any change, she can go to her parent’s house. Without the knowledge of the Petitioner’s parents, the Petitioner accompanied and dropped the Respondent at her parent’s house asking them to bring some change in Respondents behaviour and tell her how to live at in-laws place, just after 18 days of their marriage life. Later the Petitioner’s mother went and brought her back to the Petitioner’s home when she came to know the reason why the Respondent was made to leave.

    3. It is further submitted that even after six months of their marriage there was no change in Respondent’s behaviour at Petitioner’s place. In turn, she used to talk on phones for hours together in the evenings till night 10.00 p.m showing negligence towards the Petitioner leaving all domestic chores on Petitioner’s mother even when the Petitioner came back from office. It is submitted that she used to behave in an eccentric manner when asked about her conversation in phones; she used to say that she is talking with the previous employer/employees wherein she worked and used to erase call register creating suspicion among the Petitioner and Petitioner’s Parents. It is submitted that the previous employer/employees used to call Respondent several times on the Petitioner’s landline phone. When this was questioned she gave an admant reply, that she will call whenever she want, and told you are in no way concerned to that and warned not to interfere in her matters. It is to be submitted that Petitioner’s father cooked self for three days when the Respondent was available in the house of Petitioner’s mother went out of station.

    4. It is further submitted that in and around February, 2007 due to Respondents behaviour, the Petitioner aspired for a change after her demand of living separately, by taking a single bed room hall rented house at Nagole leaving alone Petitioner’s ailing parents. But there was no change in her behaviour. In turn, it worsened as the Respondent’s day started between 10.00 – 11.00 hrs and end at 02.00 am in night. She used to pick unnecessary quarrels now and then with the Petitioner when he questioned regarding domestic chores, petty issues and phone calls. It is further submitted that one day she had an altercation with the Petitioner during which, she behaved in a mentally disordered manner by hitting her head to the wall in the mid of the night and making unnecessary nuisance when the Petitioner pinpointed about one of her’s colleague. Disturbed with this the Petitioner, informed the same to Petitioner’s mother and left to intimate to Respondent’s parents in early hours of next day morning before 7 ‘0’ clock. On these words, the Petitioner’s mother came to Respondent’s place, she was shocked to see telephone wires were hanging to the fan and Respondent preparing for a climb over the table, with a conclusion that she was prepared for a suicide act and was rescued by Petitioner’s mother.

    5. It is submitted that vexed with the behaviour of the Respondent the Petitioner went to his parent’s house and the Respondent left for her parent’s house at Baghlingampally and lived separately for more than a month. When there was no sign of her returning back, the Petitioner vacated the house at Nagole and again joined with his parents. The Respondent joined the Petitioner again in October 2007. Even after that there was no change in the behaviour and attitude of the Respondent. Later she conceived in the month of January, 2008 during that period also she her behaviour was not to an expectant mother. In August 2008, she left for delivery in 8th Month to her parents home and gave birth to twins (1 male and 1 female child) in a hospital in New Nallakunta on 04-09-2008.

    6. It is submitted that the Respondent joined the Petitioner in and around February, 2009. The Respondent used to pick up innumerable quarrels with the Petitioner and his parents. Her behaviour was beyond the expectation of a mother. This resulted in high temper among the in-laws and the Petitioner’s. In April, 2009 the Respondents parents and others came in and around 11.30 p.m and others picked up quarrel with Petitioner and Petitioner’s parents. A severe wordy duel ensued among both the parties to an extent that, the mother of the Petitioner was knocked by mother of Respondent’s mother. Due to which the Petitioner’s mother was admitted in Hospital, assisted by the Respondent‘s Parents and others. On the following night, the Respondent again picked up quarrel with the Petitioner and informed the Petitioner’s father who was in the hospital that the Respondent will go to Police Station. Petitioner’s father informed the matter to Respondent’s father to take back his daughter and send back her after discharge of the Petitioner’s mother from the hospital. Respondent’s father took his daughter to his house but did not send back after the discharge of the Petitioner’s mother. Respondent’s father kept his daughter in his house despite several requests made by the Petitioner’s father to send Respondent back.

    7. It is further that submitted that the Petitioners parent with the irresponsible behaviour of in-laws asked to go and live separately near the Respondents house for the welfare of Petitioner, aspiring some change in the living behaviour of her with an intention, not to disturb the marital relationship between the Petitioner and Respondent. Subsequently the Respondent took one Single Room hurriedly for Rs.3000/- for single bed room flat articles on hearing this near Respondent’s house. But the attitude of the Respondent did not change even, kept quarrelling for a big house, and did not use to bring children, no timely or no food in night. Later shifted to another 3 room house, despite it no change. Even after that she did not use to co-operate in all the aspects of married life.

    8. It is further submitted that on 13th December, 2009 a panchayat was held between both the parties along with 4 outside elders of the society at Petitioner’s house. Again the Respondent behaved in a rash and negligent manner with the support of Respondent’s parents and relatives. Even Respondent’s father, her brother and Uncle attacked the Petitioner and Parents using abusive language. The Respondent’s father even called Petitioner’s father as “Kojja” while the discussion was ensued. . Finally, it was advised to Respondent to change her attitude and also to Respondent’s Parents and asked to adjust with the Petitioner. The same was told to the Petitioner.

    9. It is submitted that all the efforts put went in vein even after that. In March, a high altercation ensued between the Petitioner and the Respondent due to the latter’s behaviour. High drama ensued next day as Respondent’s brother and next day Respondent’s father attacked the Petitioner using abusive language. This made the Respondent leave the company of the Petitioner in the month of March, 2010 from Petitioners house. Thus, the Respondent is living with her parents since March 2010 by taking children with her and from that date she is demanding Rs. 10,000/- to have a conjugal life with the Petitioner.

    Therefore vexed with the behaviour of the Respondent and due to the above said reasons the Petitioner prays that the Hon’ble Court may be pleased to grant decree of divorce under Section 13 of Hindu Marriage Act, 1935.

    Posted 7 years ago #
  2. Adv.Kachave
    Blocked

    If you have already filed divorce petition, it is better, if any othr prblem cri. case etc, if apprehension of arrest try to get ABA & if already on bail try to quash in Hugh Court. http://www.jaihindlegal.com 9821387099, 9224799546

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Mumbai-4000023
    Posted 7 years ago #
  3. prince3613
    Member

    I am Zeeshan , Delhi, Married on 12/10/2010. I have a son DOB (29/8/2009).

    Sir, my in-laws are very lire, fightful & fraud type of people. They lied a lot about the girl before marriage, like age (told 21 but actually she is 35, 5-7 years older than me, proof “nikahnama”), education, brother’s business etc. After marriage when my in-law’s lie open up then they start quarrelling to suppress there lie. They people proved a great “fraud” type & ill-mannered also.

    The girl is also very ill-mannered & didn’t know any of household work. And even didn’t want to learn due to her ‘ego & proud’. She has a family habit of blaming others to suppress her fault. She & her family tease me and my family a lot on different issues like place of delivery, doctor etc. etc.

    After marriage my in-laws start demanding different things like-
    Just 2nd day of marriage my wife ask me for some 'source’ for admission of her cusion.,
    sometime later her brother Shariq’s rickshaw of goods fall down ,
    After that his good’s ‘delivery slips’ lost ,
    After that his 2nd brother Asif’s job lost away due to recession.
    After that Illness of her parents (who are permanent ill after marriage).

    Hence they require money.

    Soon after a month of marriage my wife asks me for Rs.10,000/- for her brother. Thinking of the relation I gave her. But her brother returns the money in many installments. After 2-3 months they again ask me for Rs.1,00,000/- showing their poverty as his season of ‘fan-blade’ is near & he has no money left after marriage. But as they people are un-reliable, I ask them to transfer the car they gave at the time of marriage in my name. After that I gave them Rs.1,00,000/-(cash).
    (Proof car’s R/c).

    Seeing all this & her behaviour, my parents separated my kitchen, but as the girl didn’t know to cook I again returned to my family’s kitchen. I live on second floor.

    When after 5-6 months I ask them to return my money they said, “Sell the car.” I said, “Why do I sell the car? This is not the fair deal. Why don’t I sell her jewelry? ”. After that they people increase quarrelling & the girl favors her family & start keeping her jewelry at her home, something every time when she visit her home, She has a fear that I really going to sell her jewelry. They didn’t return my money.

    To the extreme, in December 2009, my in-laws send **** & dirty ‘SMS’ and one of her relative,"SUMMAIYA” calls from a fake number (9760154367) to my expected brother in law. A lot dirty is written & said about my family in it. I also have voice record of "Summaiya” who called and proof that they people send the SMS. As I have installed call recorder to collect proof.(What's need of installing recorder ?). I was shocked to listen the talk between my wife & her family specially her mother.

    When the sequence of SMS & calls didn't stop, I have to mention this to my wife. After that she fought a lot. After 8-10 days, on 29/1/2010 when I was at work, her father & brother take her home telling her mother is ill. (Proof recorded calls). She also takes away my son, her jewelry & clothes as this time they are in full mood of creating a bigger scene because there act of sms & call get caught . I filled 2 applications in police station also.

    When I called her home, her brother & father start abusing me very badly (those one who don’t have tongue in their mouth before marriage). When we reach her home with 4 reputated persons (as asked by her father) none of their relative is present at that time. (As all knows who is wrong.) They create a scene & miss behave a lot and ask to transfer property against girl's name. They didn't send the girl and no-one from their side had come to talk to us yet..
    I send a legal notice in April, after receiving my notice that family runs to women cell. (4 months after leaving my home). Then I filled a suit in court for injunction (RCR) on April 2010. On first hearing her lawyer refuses for mediation.

    In women cell She blame me & my family a lot to suppress there doings. They came in bulk (6-7) persons. I told the whole story to SI. She came to my favor (I think). As one of the inspector even shouted at her as she is the only one in women cell who reach there for baseless issues & even want to return my house after me & my family say sorry to her. Inspector asks my wife, “If they give you so much harassment then why would you want to go there?”

    I tried a lot to bring her home back as I have a child.

    1. My mother along with my sister & brother reach her home to take her.
    2. I called her home, when her father & brother start abusing me. (Proof my call detail).
    3. Went her home with 4 reputed persons (one of them is their neighbor).
    4. Two of my relative again went to their home.
    5. I again called her home. (Proof my call detail).
    6. I ask one of their relative “yusuf Jamaal” to bring her.
    7. Send legal notice.
    8. File case under RCR.

    I or my family never harassed the girl. I keep her as happy as possible. Even more than her parents do. Even the girl didn’t want to visit her home. She is the wife of eldest son, 1st out of 2 in my family. I have a boy child & my family is much financially higher than her’s. Her father is retired 7-8 years before marriage. We need nothing except good relatives.The girl even didn’t want to visit her home even when her mother called her. (Proof recorded calls). But whenever she visited her home she creates a scene everytime. I can gather lots of people in favor of me but none from there side has came till today to talk to us.

    Reasons why this girl create scene this time:-
    1. To suppress doing & ill-treatment of her & her family (sending SMS & call.)
    2. I have a son. (Only child in my family & 1st one of my next generation) & the child grows up so much that need no extra care (6 month).
    3. Marriage of my sister is near.
    4. Her family has an eye on my family’s property.

    They are criminal natured. That’s why her marriage didn’t take place till 35 & they have to tell lots of lies to marry her to me. My parents marry me in a middle class family but they appear as lower class (juggiwalas). They have spoiled my family’s reputation made in years.

    Now it’s limit of bear. Now I want divorce. Why do I bear so much blames? This girl is not worth of keeping at home. Also my in-laws are not worth keeping relation. I also want some action against them. Please suggest what cases I can file against them. Criminal cases.

    Why I need divorce-
    1. The marriage takes place on false information about the girl.
    2. The girl is also very ill-mannered & didn’t know any of household work. And even didn’t want to learn due to her ‘ego & proud’.
    3. They try to distroy life of my sister.
    4. The girl took away my 6 month old son, 1st & only kid in my family.
    5. My father-in-law & brother in law both abuse me on phone.
    6. They try to beat me & abuse me when I reach to take the girl.
    7. They behave very badly when my parents reach there home with 4 reputated persons. (One of them is there neighbour).
    8. Instead of talking to us they wander here & there in my relatives & impose a lot of blame on me & my family. Like I drink alchohol, I & my family beat the girl & ask for dowry. They said that I have given my wife divorce. Sir, according to Muslim rituals if the girl says that her husband has given divorce to her than everyone has to except her. (Even if she is lying). Then how could I live with her?
    9. I think that the girl is in pressure of her parents that’s why I file RCR but In women cell the girl blame me & my family a lot & tried there best to imprison me & my family.
    10. They even make arrangements to beat me on road but when the person came to know about me he shouted on them.

    Posted 7 years ago #
  4. Ashish Agarwal
    Member

    Dear Price
    Attend weekly meeting at your local chapter.
    If no idea abt the meeting mail me at abolishdowryact@yahoo.in

    Posted 7 years ago #
  5. narendra
    Member

    hi!
    my wife and me are both government servant. my wife has been alotted a quarter on her name and hence i m living with her only. because of some problem between us, i left my home one day and stayed with my mother who stays nearby in the same city. when i came back to my own home, i foind that lock of the house were changed hence i could not enter my home. befor that in morning i sent sms and tried to call my wife as where is she. she did not replied on contacted. ans hance after putting an application in police station i m living with my mother since a week. under what law this situation can be seen,. if i complaint against my wife what will be the law and if my wife and her parents try to put 498a against me and my family(mother and two elder sisters), what the stepa shoul i take to tackle the situation or steps should i ytake.
    pls help

    Posted 5 years ago #
  6. Dr.Dsouza
    Member

    Before they file 498a on you. you file case on them under Dowry protection Act, section 3 for giving Dowry. and also cruelty locking out of the house.
    you will be charged under DP as if you complain before you will be aggrived person.

    Posted 5 years ago #

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