Legal Question in Criminal Law in India

Dear Sir/Madam,

This is a brief story about me that how I have been falsely accused and harassed by my wife and her relatives : --

These are the following points needs to kept under consideration:

1.Refernce to earlier notice send to Mrs. Smita Avinash Pandey on 20th Dec. 2008,where I have asked her to come to my marital home residing at B-116, Shri Swami Krupa Society, Sai Sayaji Nagar, Warje Pune. It was earlier known that she has taken admission in B.Ed. Agra on Nov. 2008 on the wish of her parents and other relatives (Maternal Uncle and his family, residing in Mumbai), this guy has a financial influence over my wife�s parental family. Her maternal uncle is an ill mannered and a person of full attitude and ego. His maternal uncle and his younger brother was always involved in my marital life and always threaten to me and my retired father to face a bad consequences which is well supported by my father-in-law and my wife. For my wife they are more precious and important than me. She is never want to listen any thing about them but if they abused me then she will delight and never accepted the fault of her family and her maternal uncle.

She always gets the benefit of the one sided law which was formed for women and due to this law she always taking the benefit.

2.As per my earlier notice, I was always believed in Indian marriage and believe in its values but this is not applicable to my wife. She always makes my life full of tension and quarrel and never tried to understand my feelings and never given me a respect of a husband.

2.She was fully driven by her own ego and attitude and always comes under the evil influence of her parents. She belongs to that kind of family where there is a rule of women. Her mother is an ambitious lady and she also ran away from her father-in-laws home 30 years ago. She never given a good lesson to her daughters and her two daughters are married, including my wife and she has no good relationship with her both the son-in-laws and their families. She and her daughters always believe in free minded and never give a minute to think about their families.

3.After against my wish and discussion she has taken the admission in B.Ed and started residing there, where I am working in Pune and settled here. I told her that this will disturb our family life but she did not listen and never cares for my feelings and values.

Anyway, I agreed to pursue her B.Ed. from Agra, sacrificing my newly married life. She came here for some time and when she went there she again started negotiation with me and started abusing my family and me. She always charged me about what I have given to her in terms of money. This is always true that I always care about her daily needs in terms of her daily requirements and always assisted her by money, but she never accepted my feelings and always charged me with false allegations and her parents always blame me with the same allegations. I never deny taking the responsibility of her but she never gives me a respect of a husband.

4.Now she was away from me for 07 months and she return to Pune when I went to take a legal action against her. She called me at her home in Basti, U.P. and she agreed to come to Pune.When She come to Pune we went to Goa for refreshment and when we came she falsely told me that she has to go to Agra again for her studies. She stayed in Pune only for one month. I became agreed again and arrange a train ticket for her. When she reached there she again came to the old track and again refused to come to Pune and she was away from me for 4 months. In this period I again went through the mental harassment and her maternal uncle again started to disturb my family. She every time quarrel with me on phone and always abused to my entire family.

5. After sometime she again went to her paternal residence without asking me anything, although I send her to Agra for studies and she should obey my decision but as per the earlier behavior she never thinks about me and went to her parental place (Basti, UP) saying that �Husband can be changed but parents never�.

After sometime I went to her parent�s place to bring her back, where I was kept under locked room and she,her parents,her sisters and her paternal uncles started threatening me and started abusing my entire family. They also tried to attack me and anyhow I escape from that place. Her paternal uncle threatens me that he will shoot me.

I return back to Pune and started living my disturbed life. In this tension I lost my past job with Cognizant and listening this they become very happy.

She never come to pune until I get a new job in IBM. When she listens that I got a new job she came to Pune and stayed here for sometime.

I never complain for her ill behavior and accepted her as she was before.

6.After some time she got a call from her college for the exams. In brief want to tell that she receives the call from college every month and they stated that the exam would start in 2 days. Agra is on Delhi route and getting a ticket just the period of 2 days is like impossible. But anyhow I managed tickets every times. These whole things happened 4 times. Exam always cancelled. During this period 2nd Oct 2009 to 2 Dec 2009 she was pregnant and for her I always taken care of all her daily needs, routine check up, her diets, medicines etc. But she was in no mood to give the birth to the baby. She always keeps the entire house on her head and could not eat anything for 2 days after my all request and told me that She will not give the birth of the baby and unfortunately baby died and also travel to Agra in this period where it is always advisable to take a complete rest for atleast 3 months before the placenta formed. But for her B.Ed was more important than her husband and baby. After that I again kept silence and take care of her as per a husband�s responsibility.

7.Now she again got a call for B.Ed exams on 5th Jan and I again tried to manage the train ticket for her on 6th Jan for the said exam date on 8th Jan. She again went there and exam still not started. In this time I become a bit irritated and told her to return back to Pune after few days. On this she again started quarreling to me and her parents again came into the picture and she again refusing to come to Pune and her parents ordered her not to go to Pune and started putting false allegations to me. My wife started blaming me that I want to marry with someone and abusing me.

8. Since 5th Jan. 2010,she never came back to Pune.Just to keep our relationship stronger,

I went to Agra on 27th Feb. 2010 after a struggle for immediate leave and having some confrontation with my seniors in office (just only for my wife) and booked an air ticket to Delhi and went Agra from Delhi to celebrate Holi festival with my wife, which I informed my wife earlier before arrival to Agra. She again shared this to her father and her parents again forced her to not to go with me. Her father also call me when I was arrived to Delhi Airport started abusing me, saying what you are doing there and why you go there etc. Meanwhile, I did not say anything and caught a train for Agra. When I reached Agra after lot of journey difficulties to meet my wife and booked a hotel in Agra,

She refused to go there saying my parents wont want me to spend time with you. Her elder sister is also a very corrupt lady and always makes her husband�s life miserable. Her mother is also that kind of lady, which ruled her family and takes dominance over her husband. She has also known for some illegal relationship with some local civil contractor in Basti, as I came to know from their local neighbors.

9.After this incident I again vent down to save my marital life and sent my father to bring her at my parental residence. She just came there for few days with full planning and when I booked the tickets for my parents and her for Pune, she refused to come and said she will come here after 10 days. I again cancelled the train tickets. After 2 weeks, I again booked the ticket after asking her. She again refuses to come to Pune and when my parents asked her why she is doing like this when his son wants to live with her, she started fighting with them and abusing them then I came to action and told her I will not allow her to her parental home as this is the place she always given bad idea. She gave a call to her greedy and selfish father and he came there with some local Gunda without asking anything to my parents and me and took her. Her father never gives us importance for any thing and he and her daughter always took decision as their own. Since then I tried many times to get her back to my marital life but she is always keen the money from me and never wants to give me marital pleasure. There are many more evidences, which I can furnish before the court at the time of justice. There are enough evidences and people who can really prove how she harassed me and made my marital life horrible and restless.

10.Since she is leave me deserted again for more than 9 months, she came to Pune on 7th Sept. 2010 in early morning with her younger sister, without any prior information to me.

Even though she always broken my trust and always harm me in terms of physical, mental and financial, I once again accept her ignoring all her previous act, but she came here with full plan and her sister was also a active part of that consipiracy. She stayed my house for 19 days not as a wife but as a guest. During these days, she most of the time create unhealthy environment in my house by abusing me, my family, threatening me and my family to face a trial under 498 A and other crime. In these days my friend came to Pune residence with his wife and daughter, he also seen her behavior and her attitudes.

She and her family always speaks lie and always let me harassed and cheated.

On 28th Sept. after noon she again created quarrel and threatened me to face an imprisonment and started abusing me with very objectionable words. I again ignored her words and went for a bath; in between she locked me in room and locked the entry door from outside and run away with her goods. I become helpless and call the local police station for help and police came and escorted me from the venue.

One more incident came into the picture, when I need to produce my passport for the official purpose and abroad travel needs in my company, I found she kept her and my passport with her and ran away to Mumbai.She and her younger sister just came here to collect her goods and was in search of the documents which could be a evidence against them. I got her passport ready from Pune after a lot of money spent and my individual efforts to get her passport ready. Anyway, She and her sister Garima alias Golu who came to Pune with full planning and during my absence they have the full command of my residence. I never putted any valuable things behind the locker just believing that they are the part of family but I was fully cheated by them. I left no corner to make them feel happy and spent a lot of money for their amusement and comforts. During their recent stay in Pune, my friend came from Nashik with his family and they also tried to convenience them but they also failed because my wife and her family never wants to sustain this relationship.

On 21st Sept, her Mausi came to Pune and came to my residence in my absence. At that time I was in office, I had no information about her arrival to my residence in Pune because they all planned to take all goods and steal my passport in these free hours.

Even my wife did not inform me though she was aware about her arrival in the morning itself. My wife informed me at 3:30 PM that she came to my residence and going back with Golu.I told her to stay for sometime as I was on the way and said will reach in an hour but they did wait for me because in my presence they couldn�t able to do the conspiracy against me. My wife was the mastermind behind this conspiracy along with her sister,Mausi and parents.

Any way after my passport stolen by them, I logged an FIR in local police station.

I am working in IT industry and such type of harassment is really affecting my professional life, which is the only source of income for me.

10. On dated 23 Jan. she has filed a false case against me,my old aged father, my elder brother and younger sister under IPC 498a, 316,377 and � D P act. Kotwali Police Station, Bansi, Dist � Siddharth Nagar, U.P, has logged this FIR.

The masterminds behind this complain was her Brother-in-law, Police Sub-Inspector,

Satish Kumar Mishra, Kotwali Police Station, Gonda, Dist � Gonda.He has forced the local police by some senior police officers of Uttar Pradesh police and was the person who wants me to take divorce case back from his sister-in-law. His wife was always abusing us and threatening to face serious consequences, as her husband is a Police Officer and harassing me that I will be arrested in false allegations and shall be beaten by the Police. Now they are asking us 15 lakh rupess in terms of settlement, which is impossible for middle class family of ours. Even Satish Kumar Mishra already admitted in front of a local people of Basti that he forcibly ask Bansi police station to file the false and fake FIR against us so they can demand a heavy amount of money in terms of settlement. Even Satish Mishra and his wife always threaten me that if I will not allow my wife to give birth of their child then I will be beaten and arrested by U.P. police in false allegations. Satish Mishra and his wife have a paralyzed baby and due to some medical complications they want my wife to stay with them. My wife also visit to their place when Satish�s wife was not present there and when I object on it she refuse to come at Pune and her sister and Satish threaten me that I will be beaten by Police if I come to bring my wife back to Pune.I have almost scared after facing such harassment from them.


Asked on 6/27/11, 10:33 pm

4 Answers from Attorneys

Manoj Lekhi Lekhi Associates Advocates

go for divorce only

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Answered on 6/27/11, 11:50 pm
shiv shakner saini saini law

what do u want?

why don't u understand her? are u so cool?

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Answered on 6/28/11, 2:25 am
Sanjay Kalra Sanjay Kalra & Associates

Your question is very big make it short for a legal advice.

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Answered on 6/28/11, 4:20 pm
Shrichand Nahar S.V.Nahar, Advocate

With so many facts and details, it is advisable to consult your lawyer in person.

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Answered on 6/28/11, 10:09 pm


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