MyNation Foundation Forum » Advice » Maintenance

Harrasment by Wife & Her family member

(28 posts)
  • Started 6 years ago by Altaf Khan
  • Latest reply from Dr.Dsouza
  • poll: Misuse of CRPC125,DV & 498 against male
    Female bias laws : (7 votes)
    44 %
    Due to history against men : (1 votes)
    6 %
    Female does not want to serve social responsiblity : (3 votes)
    19 %
    Men has become Doll & ATM for the female : (5 votes)
    31 %
  1. Altaf Khan
    Member

    Res Sir, I have married in 2008 with Muslim tradition. My wife has converted in my religion before marriage. Till her mother alive all things were ok. She dislike my relatives hence my relatives did not came to my house even my mother, brother etc.
    After her(wifes mother) mother's death, the problem arrives. She while listening to her relatives refused to stay with me & even forcing me to change my religion & become Ghar-damad. Also they are harassing me, torching me, they have taken money from me, even they have bitten me. My wife claims that she is no more muslim & she has other husband. They have illegal liquor business hence they are putting pressure from police on me. Now they are threatening me to kill & taking position of our house which we bought via taking loan. Kindly suggest me is their any right for me? as their are many right for female bias laws. I & my family has tried everything to communicate with her & make her understand but nothing has worked. Because of all this i have lost my job, & social life has gone in ****. Request you to kindly suggest, awaiting your revert on my mail. Now they have filed suit against me under CRPC125 & asking for 20k permonth. I have filed several complaints against her & her family but their is no improvement or help i have got from police.

    Posted 6 years ago #
  2. Dr.Dsouza
    Member

    If you have filled case and Police is not taking any action then you can ask Police about its status with RTI and they have to answer.
    still if they did not taken any action with your proof you can approcj higher Authority of Police.

    If you married as per islamic rits you can give talaq. and if you have proof of her 2nd husband you can sue her too.

    Posted 6 years ago #
  3. Adv.Kachave
    Moderator

    Dear friend,
    if all are the true facts as you have stated, then it is proved that your wife is trying to extort to you & your family, if so, it comes to know that she is not willing to continue her matrimonial relations with you, it may be under the influence of her parents. It will be better to you to get free from her & you file divorce petition , & protect your self by taking advantage of anticipatory bail. You have no need to be worry.
    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 6 years ago #
  4. Altaf Khan
    Member

    Sir, My wife has filed CRPC125 in family court at pune, & our counsellings are going on. She has filled a WS while stating that she is Cristian & marriage date is 7/1/2008, however our marriage date is 6/1/2008 & it was NIkah. The Kazi sermonized our marriage. My Lawyer asked me to file case for challenging the marriage under islamic sharia. Also let me know that have bought house before marriage on loan. still Home Loan installments are going on. Some are saying to sell the house as my wife can ask for the possession for the same. But i happen to read Uttarakhand High court judgment as IF wife desert husband with out reasonable cause then she is not entitle for maintenance. Request you to kindly support with some citations from Supreme Court for the same. (9325536026)

    Posted 6 years ago #
  5. Dr.Dsouza
    Member

    Please check http://mynation.net/docs/sitemap/ for judgments

    Posted 6 years ago #
  6. Altaf Khan
    Member

    Sirs,
    Thank you for valuable link which was shared by you. Also small query as my wife is residing at her parental house, as her parent were residing their since last 40 years but now they have transfer their house on her sisters son's name. Also the Liquor business is run from the same residence. I am not employed now. Is their any chances of interim maintenance by family Court? & while filing 125 she has claimed that she is catholic not muslim? in these circumstances how to deal with the situation & what to do the next.

    Posted 6 years ago #
  7. Dr.Dsouza
    Member

    Indian law do not count you are employed or not they just order intrim. religion change you can counter only in Divorce, there is no option in maintenance to deny it.
    You can show her share in property and business.
    under what rites you got married to her. ?

    Posted 6 years ago #
  8. Altaf Khan
    Member

    Sir,
    We got married as per Muslim tradition under Sunni law. & while registered in court it was Rule-13 under Special marriage act. Also at the time of counseling the statement was registered by me as I am ready to take her home. She has denied to stay. Also They had admitted that she has not converted her religion. However at the time of marriage she converted her religion. The witness & Kazi has witnessed the same. Now should i directly file divorce petition or should i challenge marriage as Voidable? Also have gifted home to my brother. the same deed was made by my lawyer.

    Posted 6 years ago #
  9. Dr.Dsouza
    Member

    Muslim can marry PEOPLE OF THE BOOK, no need to convert.
    do you have any proof of her convertion ? then you if you have her statment saying she is not converted then you can counter and same will help to fight divorce too.

    Posted 6 years ago #
  10. Altaf Khan
    Member

    Sir,
    I have her conversion statement also before marriage Kazi did the conversion formality in front of her & my family members. After which we applied for election Card which also states she is muslim. Now while filing CRPC125 she has stated that she is non-muslim.

    Posted 6 years ago #
  11. Dr.Dsouza
    Member

    Section 340 (Cr PC) Criminal Procedure Code can act as an effective tool to counter such false statements/allegations.

    You can her to submit for her claim, if she submit somehting then you can file case aginst whoever file false documents or give false evidence in the Court of Law

    Posted 6 years ago #
  12. Altaf Khan
    Member

    Dear Sir,

    Thank you for advise, as we have another date on 21/2/2011 for counseling say, before that will take the further action which has been guided by you with my Lawyers help. Thank you again. Will keep you posted & updated about the proceedings & taking your guidance.

    Posted 6 years ago #

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