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Need URGENT Help..Case filed !!!

Discussion in 'Married Life' started by Amisafeinindia, Feb 11, 2016.

  1. Amisafeinindia

    Amisafeinindia New IL'ite

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    All,
    I am an Indian presently in USA. I married a girl from India. After few days of Marriage, my wife left me to pursue her career in India. After securing a job and settling down in India she filed case under IPC 498a/406 against me and my parents. When I went to India to talk to her she also filed another case of Domestic Violence against all 3 of us and asked for Rs. 1.8 lacs as maintenance per month.
    Due to these criminal cases, when I went to India I was not allowed to travel and eventually lost my US job. Finally court allowed me to travel and I came back to USA.
    My family has also lost all respect in the society, neighbourhood and everybody calls us as wife-beater and dowry-seekers although we know that all the allegations are false. Even I am treated as a criminal although I am just an accused.
    My wife is also asking for exorbitant amount of money as alimony to get quick divorce and free us of the cases. It seems like an extortion racket.
    I still love my wife a lot and want to live with her.
    Please suggest what I can do under this scenario ??
    Need urgent help.
     
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  2. maya9876

    maya9876 Silver IL'ite

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    Hi OP,

    Sorry to hear about your situation.

    You say you still love your wife and want to live with her. But for us to be able to give you advise or suggestions, you need to tell us more about your marriage. How did you meet? Love or arranged? Did you have an engagement period? How was your relationship with her during then? After your marriage you lived together for a while, how was your relationship then? Where did the problem start?
    There are a few extortionists around misusing the law but in most cases there are two sides to the story. Why would she file divorce from you in the first place? Did you have problems as soon as you got married? Was she treated badly by InLaws so maybe she is holding that against you? What is IPC 498a/406 ? What is the basis of her domestic violence case?

    If your family had seeked dowry and she felt threatened then she is justified to seek protection from law. If none of what is saying is true and she is fabricating all of this then its time for you to move on with your life. If shes fabricating all these stories against u and family for no fault of yours then I dont see why you still want to live with her. You need to pick up the pieces and move on to start fresh.
     
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  3. Amisafeinindia

    Amisafeinindia New IL'ite

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    Thanks for your reply.
    Ours was an arranged marriage...I used to work in US while she was employed in India. There was absolutely no problem while she was here. After she returned back, she filed these cases.....that too after more than a year.
    498a is cruelty towards wife by hubby and in-laws.
    406 is criminal breach of trust for not returning her Stridhan
    We are from middle class family and never asked for any dowry nor took away her belongings. Neither did we ever tortured her in anyway. DV is also filed on same ground. She is asking for maintenance of approx Rs. 1.8 lacs pm, while she is employed and earning handsome salary.I have heard Indian courts allow her such amount merely on the basis of a complaint. Is it true ?
    How can I move on my life while my parents and I have criminal cases on ourselves ??
     
  4. Amisafeinindia

    Amisafeinindia New IL'ite

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    Everyone plz suggest how to tackle the situation....its really painful to see my old parents being treated like criminals based on merely a false complaint. My life seems to be shattered forever.
    How do I overcome. What should I do ????
     
  5. periamma

    periamma IL Hall of Fame

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    consult a good lawyer.If you are innocent, sure You will win the case with God's grace.As you earn a lot no court will ask you to pay a huge amount to your wife.we know only your side and the other side is unknown .consulting a lawyer is the best decision.
     
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  6. vaidehi71

    vaidehi71 IL Hall of Fame

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    Hi,

    As suggested by periamma, consult a good lawyer.

    When there are legal implications like the one quoted above, better to consult a lawyer in India who would be able to help you. Since you are away in US, ask your parents to seek their help and discuss the issues.

    There is no point in thinking how the court will decide, but if you have a good lawyer then the chances are that he would be able to help with getting justice. Judges also don't blindly give judgement. You wife will also need to prove that the harassment has taken place.

    Well, what is the point in loving a girl when she has left you already and chosen her path. You too have to move on life.

    Regards,
    Vaidehi
     
  7. maya9876

    maya9876 Silver IL'ite

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    Op,
    Only a good lawyer can help with this. When I said move on with you life, I mean move on from wanting to be with her and still loving her. The relationship is beyond repair so only way out is to hire a good lawyer and try and come out of this mess quickly.

    When your marriage was arranged did you do good background check of her family? Since you say only after she went to India she changed so its possible her family members are pushing her towards this. If this is the case then see if there are any relatives who can mediate between you guys so you can come to a mutually agreed amicable decision.
     
  8. StrongLady

    StrongLady Silver IL'ite

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    Dear Op,

    Why did u let ur wife stay in India for an year. Did she fight with u before leaving to India or in phones did she fight.
    Did she ask u money? .
    Did u talk to ur wife on why she doing this. ?
    May be not abuse but there would have been fighting and she gor frustrated and filed case.

    options
    If u want to keep trying on having ur wife come back to ur life.
    1 call ur wife and plead, say sorry and ask come . If any condition agree.
    2 Make a mediator go and convince them.

    After trying above if ur wife doesn't listen
    Ask lawyer if u can make sure ur family gets Bail etc. Change to another city and brainwash ur parents to be strong.
    Dont give up on the conditions of alimony and stick to saying that u want her back. Once u r firm on that no matter what u won't leave her, they cannot ask on alimony but some day have to give up and come back to u.

    But if ur wife is not at all interested in coming back and demanding divorce and alimony, hire secret detective find details abt what ur wife doing and may be she had boy friend then file case against them for mental torture to u and on false cases.
     
  9. JGVR

    JGVR Gold IL'ite

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    If you are sure that the case is a false fabricated case and you have evidence to prove that,then don't fear and go consult a lawyer.Truth cannot hide for too long.Don't give in to the alimony demands.
     
  10. YoGirl

    YoGirl Gold IL'ite

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    When you are in USA, why did she have to go to India to pursue career in India? Doesn't make sense..
    And then why did she settle down in India?
    Did you guys plan to move to India soon? or Did she not like the environment in USA?

    OP, I think you are not telling us the full story.
    Also, what proofs did she submit when she filed the case? These days, police will study the case before proceeding further. So, if they have gone ahead with the case, looks like it is strong case? What point\evidence made it strong?

     

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