Legal Question in Family Law in India

Sir,

Please suggest what can be the best case scenario that need to be followed for which i will

be very helpful as you have been helping me all this way.

* I am compelled to say that all these are baseless allegations put by my wife which are

frivulous, cooked up, counter-allegations to what i have already filed, tried to put

repeatedly the same allegations as they were running out of stock to put some more

allegations on me and my family. Also such baseless allegations which is known personally to

her heart cannot file such a case on a husband if she really wants, she wants her husband.

Personally i feel, on such baseless and never expect allegations that all her jewellery is

there with me or my mother is purely shows that she wants to extort as much money as

possible. I was ready to give that money if she wanted any such money to settle the matter

in a decent manner and there was necessity putting all these allegations which are not only

purely baseless but also lack cognizance trust.

* Also the petition received from the court was not signed by the petitioner. I never

heard of unsigned petitions being filed and sent by the court. It was alleged that i am

quarrelsome then why live with such a person who is quarrelsome, better leave for the good

of both. Also it is not necessary to live with such a person who is does not have a fair

personality, unnatural and barbaric cohabitation, it is better to say quits for the good of

all in such cases. What are personal dairies meant to be, just can anyone explain. If had

right to punish, i would hang such person in public.

Follows is the case and alongwith facts.

IN THE HON�BLE Addl. FAMILY COURT JUDGE: AT HYDERABAD

O.P.NO 1234 /2010

Between:

Wife � Petitioner

AND

Husband �. Respondent

PETITION FILED UNDER SECTION 9 OF HINDU MARRIAGE ACT

DESCRIPTION OF THE PETITIONER and respondent:

a) The description of the petitioner is that of the same as mentioned in the above cause title and the address for the purpose of summons, process, notices, etc., is that mentioned in cause title.

b) The description of the respondent is that of the same as mentioned in the above cause title for the purpose of summons, process, notices, etc.,

THE BRIEF FACTS OF THE CASE:

1) The petitioner hailed from a middle class family. The petitioner and respondent

are Hindus by birth, belief. The respondent along with other family members i.e., his parents and his sister namely PPPP and his sister�s daughter namely Ms. MMMM approached petitioner�s parents for the purpose of �pellichupulu�. The parents of the respondent handed over the Bio-data to the mother of the petitioner and enquired about the financial position and demanded Rs. 5 lakhs as dowry. The petitioner by the time was working as a Medical Transcriptionist by drawing a salary of Rs. 10,000 as petitioner was having experience of 4 years as a Medical Transcriptionist.

2) The respondent mother namely YYYY been to petitioner relative house namely Ms. RRRR and invited the petitioner�s parents. The Petitioner�s grandmother namely Smt. GGGG, petitioner�s mother, petitioner�s aunt namely Smt. SSSS and Smt. VVVV, along with Mr. MR grandfather of the petitioner were present at the time of the talks. The respondents mother disclosed that her son is having hearing defect and the respondent was suffering from the hearing and is partially deaf as such wear and supports by hearing aid. The petitioner was informed that the hearing will be restored in a short time as respondent is undergoing a treatment at Bangalore.

3) The petitioner�s father contacted the respondent�s father namely Mr. SSSSS over phone. The petitioner�s father shocked to the answer of respondent�s father as respondent�s father revealed that there was no such proposal of his son getting married and informed that he is unaware about the participating of respondent his son and his daughter in �pellichupulu�. The respondent has habit of writing diary and the diary will be maintained in a cryptic manner by using abbreviations. The respondent, his parents, and his sister demanded dowry of Rs. 5 lakh rupees and later reduced it to Rs. 1 lakh and demanded 10 thulas of gold and Rs. 20,000 as �addapaduchu lanchanalu� and also stipulated that a vehicle shall be delivered as dowry by Sankranthi.

4) The Petitioner marriage was performed on 10th August, 2006 at Andhra Yuvathi Mandali Hall, Bakathpura, Hyderabad. The demand dowry of Rs. 1 Lakh was paid along with 10 tolas of gold and Rs.20,000 was given on xx August, 2006. The parents of the respondent�s started severe harassment of the Petitioner from January 2007 by stating that the promised vehicle (Bike) was not complied as dowry and petitioner�s parents were compelled to deliver fridge in lieu of the vehicle. The petitioner was treated as a servant maid and was forced to do all the domestic chores and the respondent and their family members used to wakeup very late in the morning whereas the petitioner wakes-up early. The petitioner being complemented by others in regard to cooking and maintaining the house. The respondent�s younger sister is married and seldom lives in her mother-in-laws residence and always resides in respondent�s parent�s house. The respondent�s sister is also quarrelsome and use to quarrel with her husband and stay at her parent�s house. The petitioner was not permitted either speak or to go to her parent�s house and the parent�s of the petitioner�s were not entertained to visit.

5) The respondent and his father had certain disputes as such the respondent was asked to get out of the house and the amounts were demanded for setting up a separate family at Nagole. The Petitioner�s parents were compelled to purchase the house hold articles. The petitioner became pregnant instead of being happy the respondent�s mother demanded the petitioner to get the pregnancy terminated or to bear the expenses of the pregnancy and post pregnancy, and the children�s expenses shall be borne. The petitioner�s pregnancy was aborted. The petitioner and respondent were later invited to respondent�s house. The respondent is not a fair personality and involves into fraudulent activities and involved in a scam of Axis Bank in Mumbai Phising. The petitioner became pregnant on 25th January, 2008, for the second time after the abortion. The petitioner was compelled to be taken to petitioner�s parents house. The respondent used to visit the petitioner at Tilaknagar. The Parents of the respondent demanded the petitioner�s parents to send away the Respondent. The respondent�s parents used to comment that the pregnancy got aborted or the expenses of prenatal and postnatal of the child be born by the petitioner�s parents.

6) The respondent is highly indisciplined and doesn�t continuously work in any employment. It is pertinent to mention that respondent and his parents informed that respondent is a Senior Software Engineer in Nagarjuna Grameena Bank. Thus, the petitioner�s consent was obtained for the marriage and It was learnt later that respondent was a contract employee in Nagarjuna Grameena Bank.

7) The Petitioner was blessed with twins. The baby boy and baby girl were born namely TTT and TTTTT. The kids were not healthy and or under weight. The baby Tarkeshwari suffered from jaundice and petitioner�s parents were compelled to pay Rs. 10,000 to the hospital. The baby Tarkeshwari suffered with other ailments and a further Rs.10,000 also was compelled to be paid by petitioner�s parents.

8) The 21st day ceremony i.e., cradle ceremony was performed ever since the respondent started harassing the petitioner stating that the petitioner is biased in favour of TTT and he is not looking after well baby TTTTTT. The respondent forced the petitioner to handover the custody of the baby girl and stooped to separate the children and the mother. The role of the respondent�s sister and his parents is high in this regard to separating the children and mother. The mother of the respondent infact used to treat the grand children differently. The respondent despite seeing the plight of the Petitioner with twins by Petitioner attending to the domestic chores never extended the support on contra harassed the Petitioner. The respondent used to enjoy by leaving the petitioner and the children at Hyderabad by going to Bangalore and other places. The respondent and his parents harassed the petitioner and treated the petitioner cruelly. The Petitioner was demanded to divorce the respondent.

9) The Petitioner was not supported by the respondent or his parents though petitioner was struggling with twins. They also drove away the petitioner to Baghlingampally for leading their life. The respondent also informed to cousin brother of petitioner namely RRRRR stating that the petitioner is mentally retarded. The cousin sister of petitioner namely Mrs. MMMMMM was also informed falsely about the petitioner. The respondent also used to abuse the petitioner in filthy language and also use to beat the petitioner.

10) The children�s birthday was to be celebrated on 4th September 2009. The respondent refused to take part in the Birthday. The birthday was celebrated at the Petitioner�s parents house and the respondent did not attend the birthday function though they came to Baghlingampally. The respondent later started harassing the Petitioner that the Petitioner is looking after the children and did not looking after the respondent.

11) The respondent and his mother had been to Mr. NMS who was petitioner�s boss while petitioner was working in Maswalee Systems Pvt. Ltd. The respondent�s mother also been to neighbours house and spoke ill of Petitioner. The respondent and respondent�s parents also demand divorce. The respondent further disclosed to Petitioner that the Petitioner is not attractive and he is not fond of Petitioner and demanded for divorce.

12) The respondent also got issued a false legal notice dated June 7th, 2010. The respondent took away the computer from the Petitioner�s house. The Petitioner also rang and called the respondent on mobile, but the respondent did not reply and did not call. The Petitioner believed that the respondent would change and lead marital life with Petitioner at respondent is hell-bent to get rid of the Petitioner.

13) As petitioner�s father did not comply the demand of the bike. The respondent�s mother used to provoke the respondent against the Petitioner. As Petitioner�s father was retiring as it was learnt by them demanded Rs. 3 Lakh as additional dowry.

14) The children of the Petitioner were never taken care of or looked after by the respondent parents and the medical assistance to the kids were also denied. The Petitioner�s father had come to the rescue.

15) The respondent�s mother also hatched a plan to perform another marriage and threatened that she would marriage the law, order and justice. The respondent also used to beat the kids. The Petitioner�s father was informed by telephone by the petitioner regard to additional dowry of Rs. 3 lakhs received as retirement benefits of Petitioner�s father.

16) The gold and silver of the Petitioner were snatched away by the respondent�s mother consistence of two long chains, two necklaces, four bangles, one black beats chain, one ring which will be worn to finger, ear rings and matilu. The respondent�s parents and respondent on provocation of the respondent�s sister the respondent kicked the Petitioner on abdomen the respondent�s mother administered an herbal medicine later it was learnt that due to their barbaric acts my first pregnancy was terminated as of abortion. As respondent and there family members were not interested in conceiving and begetting children. The Petitioner was treated in Hospital at Nallakunta in July 2007 and the above abortion was treated as Amar Maternity Hospital.

17) The respondent got issued a notice stating that he is a private employee and he is residing in H.No. XX-X-XXX, Road No. 3-X, Lakshminagar colony, kothapet, Hyd-035. On enquiry the petitioner�s mother, aunt (SSSSSSi) along with the petitioner learnt that respondent never stayed in that house and the owner of his house was contacted it was revealed that the respondent is not residing in the said house.

18) The Petitioner was an employee in Maswalee Systems Pvt. Ltd and Mr. NMS is the Managing Director of the company. The Petitioner worked for about 2 years in the said company as Medical Transcriptionist. The said NMS is aged 55 years and used to treat the Petitioner as his daughter, the Petitioner also has similar affection and respect towards NMS. The respondent also approached the said NMS for securing and procuring the employment for the respondent and also used to spend time with him also used to speak over phone to him.

19) The respondent has habit of doubting the character of the Petitioner and also used to resort to unnatural and barbaric cohabitation the same are borne by the diary of the respondent as respondent used to maintain the diary by suiting his needs and convenience. It was learnt that the respondent filed O.P. NO. XXX/2010 on the file of Additional Family Court Judge Hyderabad. The respondent also used to go to Mr. NMS�s house and also used to stay in his house in the nights too it was very strange that respondent doubts makes false allegation and about the character of the Petitioner the same reflects the conduct, character and cruel mind of the respondent.

20) The Petitioner was forcibly shifted to Baghlingampally and rented portion was obtained as respondent�s parents do not want to look at the children of the Petitioner�s twins. The mediations before the elders proved futile and respondent and the children were left in the lurch and were grossly neglected by depriving the food, shelter, clothing, medication for the Petitioner and the twin children too. It is not out of place to mention that the lactic feeding of the children was also not looked after by the respondent. The valuable articles and the cash are in the possession of respondent and his parents even today. The legal notice caused by the respondent dated 07th July, 2010 was in regard to joining his society i.e., for restitution of conjugal rights, where as OP XXX/2010 on the file of Additional Family Court, Hyderabad, City Civil Courts, was filed seeking divorce. The allegations made against the Petitioner and the wards i.e, the minor children were neglected and were subjected to inexplicable hardship and also are deprived of food, shelter, clothing, medication and affection. The Petitioner and the minor children are left in lurch and are deprived to join him and false addresses are pressed into service and false cases are filed by making and pleading false version.

21) The cause of action arose on 10th August, 2010 and the same is continuing when respondent and his family members harassed the Petitioner and the cause of action is continuing as on this day also.

22) The marriage of Petitioner and respondent was performed at Andhra Yuvathi Mandali at Barkatpura, Hyderabad and last lived together at �Baghlingampally which is within the territorial jurisdiction of the court and the court has jurisdiction over the subject matter as the list of pertaining to matrimony.

23) The Petitioner pays CF of Rs.10/- under section 19 Schedule II article I which is just insufficient. As the relief prayed is for Restitution of Conjugal Rights.

24) The Petitioner prays the Honourable Court to

I) pass a decree and order ordering the respondent to restitute the Conjugal Rights with Petitioner .

II) Pass order or orders as the Honourable Court deems fit and proper in the circumstances of the case.

III) To award cost of litigation.

Petitioner

1 Answer from Attorneys

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India

Looking for something else?