Mukesh Kumar
Asked January 10, 2017

Marital Problems

  • 4 Answers
  • 1052 Views

Please help me before I commit something to save my family's life. I was married on 24th Feb 2016 to Neha Kumari from Gandhi Nagar, Delhi. Since then the girl and her brother is playing with tricks and continuously blaming with very strange and impossible accuses. In front of her family she agreed to marriage, after the engagement (before the actual marriage)she told her demands to me. like would you take me to Kullu manali for 10 days stay at hotel. I need a gift made of gold on first night(I told her that I work with a BPO I am not a businessman) You have to leave that night Job and find morning job, so that we can live together at night. "What mobile you have?" I told her, she asked me to gift the same. Till then everything was going well, till her phone started running busy or switched off when I called. When I asked the reason she told me that, that's my school girl friend don't bother. I asked her that why she talks to you so much she told me that " You have choti soch". Okay! After getting frustrated from few days, I finally asked her that you talk to her more than me, why! She made blunder and fought on phone and she yelled at me "that I was not expecting such control on me, let me tell you the truth I don't like you, because you are bald". I was shocked and told my mom about the same, my mom told mediator(My Aunt) that she said like that, my Aunt talked to them, she clearly denied everything and accused me for saying "That he(Myself) told to break up the marriage" She manipulated the conversation and sent her relatives and a police person to our home. I wrote the conversation on paper and handed over to her family, they read it and understood what happened. Later that I secretly arranged a meeting to meet her to know whether she really want to marry with me or she like me to be her husband or not. She met me and said "Yes". Then, after we got married. After that she always used to plan ahead to go to her home, that was okay for me, but with in 1 month, she started ignoring my needs She started ignoring my food preparation and serving, washing my clothes. (She lied in past a lot, so I started recording her at that time she avoided my care) She avoided to prepare food for me and told me for outside junk food, everyday excluding saturday and sunday. I started eating junk food from restaurants and fed her Junk food as well. My mother started preparing food and tea in the morning and most of the time in the evening as well. Now she started avoiding her each responsibility, finally I told her brother about that, even her brother started misguiding her that don't bother about the work, do only what you are able of. I started making my own tea and food and started washing my clothes everything. One day I went to her to wake her up, she arrogantly slapped on my chest (I have video proof of that). I told her brother and he told me that " Aap use sota hua uthaoge to vo to maregi hi"....... I was shocked by those lines. I told my mom, she said abhi vo mature nahi hai, uski maa nahi hai to sudhar jaegi time lagega" Okay. We were planning to go to Haridwar after marriage, so we planned with my Brother in law, mother, sister. I gave her a old phone so that she can communicate in Haridwar if she gets lost, she thew that phone on my table and said, that do I look like that I will hold that phone in my hand, no way, you promised me to gift me a Touch phone like you have, I told her that please, I will not ask from my mother for the money, just take it now for safety at Haridwar, once I get a Job I will give you a same like me. Okay! After that one day she bought a very short top and leggings, I asked, "ise kaha pehnogi", she replied "in Haridwar, ku pehen nahi sakti kya." I told her, don't even think about it, you can wear it inside home, that's a holy place and my brother in law is going with us. She was playing with water in ganga with my family and taking pictures with them, she was happy.(I have video proof of the same). In Haridwar she wore that and told me that mother in law approved it, and told her that he (myself) approved it. okay we can't go back so wear it with etiquette, the priest at the temple told me that this is Hanuman Ji temple please wear sane clothes. I told her the same and she yelled that you and both priest are "Cheap soch wale chote log ho". At that time I told her again to change that once we go to hotel room. She changed it but stopped talking to me. I thought let her do her things, I will try to make her understand about such things at home. Okay, I came back from trip and the next day I tried to talk to her she avoided me, kept distance from me whole day, I grabbed her hand and made her calm by promising that Touch phone, but please understand, such clothes were not suitable for such place and my brother in law was going with us. She got angry and started yelling on me that " I look good far better than you, you are bald, still I can let you touch me that's enough for you" My heart broke in million pieces on that day, I got angry too, she kept arguing that she is not getting what she thought of. the argument heated up and I said is that cheap dress much important than me? I picked up an empty bottle with few drops of petrol left in it and tried to see wether she loves me or not or she is fooling around with me, Will she try to stop me or not. I said "What if I die, would you still wear that dress?" She said, I don't care. Okay I am putting petrol on me and will die, that would be okay for you. She said " I don't care, do whatever you want to do and I will do whatever I want to and I will, because it's my life I am free to do anything, you are free to do anything. I slammed the plastic bottle in store room and told her " That don't try to talk to me, I will not leave my Mother and Sister for a girl who don't care whether I die or not" Then I went to bed and she went in other room and told her brother about it. After that brother called me in and asked me to send Neha here, because we are going for Shimla trip from office and no one will be there to take care of Dogs. I said okay, only for one week, everything seemed fine, she took 3 hours or more to pack her bag, I didn't even realized that they are working on a plan. She packed three bags full, I asked her that how would I put that bag on bike, I told her to let one bag and she denied and told that " She want her suits to be tailored and need things to alter" I said Okay, without realizing that she is taking each and everything from my house. I dropped her and left. After that I called her many times she switched her mobile phone, I called her brother he didn't picked up the call, I thought she doesn't want to come soon that's why she is ignoring my calls. After one week I called her again, called her brother, called his uncle no one picked up the call. After few minutes, my mom got a call from her uncle, he said that "you tried to kill Neha, you poured Petrol on her and tried to lit her on fire, you are feeding her poison she is serious. **(There are lots of video and photo evidence of that time that she was enjoying her life and was happy, playing with my sister taking selfies with me) He called me too and threatened me, that we will beat you and your family, how you dared to kill my daughter. I was stunned and worried about my family, I went to police station and lodged a complaint that they are threatening us. They came and started abusing me yelling me, somehow I managed to ask what the hell have I done. They blamed me that I lit her on fire, I asked them where is she and where are the burn marks, they told me that you poured petrol on her but your lighter broke, okay, then they said you put the bed on fire. I showed them my bed, I told them, that she is lying each and everything, they asked me that what poison I was giving. I told them A to Z what happened on that day, they refused to accept that, I asked do you have any proof that I did anything wrong with Neha, they started beating me, scratched my neck tore my shirt off, somehow my uncle defended me. That's was the most horrible result of loving someone. I showed them every proof video audio pictures, they started believing me and still accused me for the issues. They told me that go get a job and then after set expectations from us. We will not send her to you until find a job and they left. Since then, I don't know what she is up to and what her family is planned to. Every time my and my mother call them they started accusing my sister that she told you to put petrol on her. They have started saying that you need car as dowry and you demanded 4 lack rupees that's why you beat Neha. They alleged me that you beat neha, you asked dowry, your mother and sister tortured her. Your younger sister tried to drown in Ganga, haridwar. (But video shows that they were happy throwing water on each other) You gave her poison, even after watching Proofs by their own eyes, they are accusing me. I asked them that do you have any proof of that, they are harassing me that we will eat your mother's job, if you try to be smart. Everytime we ask them to send neha they ignores our call tries to avoid us by switching off the phone or starts allegation. Like your sister abused her, your mother invades her privacy, you gave her medications to kill her. Yesterday, somehow we managed to go to her home, they started yelling that " we will not send her till you find a day job and someone takes responsibility in written that no one will touch her or disturb her, they kept yelling on the allegations they make. Sir/Madam, I am fed up with my life, living almost hell on earth, I am very depressed and feeling suicidal thoughts. I am sure that She don't like me and has another affair or something like that and her brother and uncle is doing for some type of profit they want in future. Sir/Madam, My father died due to Alchol intake in 2000, that's why I never touched Cigarettes, Alcohol, never fought with anybody in my whole life, so that I can remain sane and take care of my family till I die. Sir, I couldn't understand what they or she want from me, what is the purpose they have in their mind. I am sure that to save my family from Jail or something, I can sacrifice my life. I will suicide if that can save my family. Please anyone help me, please I even don't go to sleep at night, feels that someday they will beat me or misbehave with my family and I wouldn't be able to see that or die. Please someone help me!

Answers 4

Since you appear worried about your and family's safety, please lodge a NC with local police station.

 

If you want your wife back, you may also make a petition for restitution of conjugal rights before Local family court.

Agree Comment 0 Agrees over 3 years ago

There are multiple options available to you and You can come out crystal clear without any harassment and embarrassment

 

There are other various legal remedies available to you as per law.

I assure there is nothing to be afraid for your wife cruelty etc against you and we can take many steps which will safeguard your future, mental trauma etc from many hurdles.

Please be free to contact then we can discuss in detail.

Regards

 

 

 

Agree Comment 0 Agrees over 3 years ago

CREDO ADVOCATES

hi, see first of all in marital problem not every time court support the woman. At times, it's the husband who is the victim of cruelty. in your case as well the situation is same you are the victim of mental cruelty by your wife. Secondly, I will suggest to lodge a NC with local police station as soon as possible for your family safety. moreover, don't worry you have multiple options to get rid your mess. I will suggest you to make up your mind regarding divorce. whether you want to divorce your wife or bring her back in your life. It will be beneficial for you and your lawyer to move ahead and make strong and effective steps towards yours decision.

sit and talk to your family and yourself a time whether you want her come back or not.

at this platform i can suggest you in brief only like you can file a petition for divorce( if you ae willing to ) on the grounds of cruelty, false claims, embarrasment and harrasmnet etc.

or if you want to her to come back then you can file sec 9 of hindu marriage act i.e restitution of conjugal rights.

for further details you can contact ADV. Twinkle Kataria

 

Agree Comment 0 Agrees over 3 years ago

Kindly do not take such drastic steps such as harming yourself or taking your life.

 

You can file for divorce, under section 13 of the Hindu Marriage Act, since you aregoing through a lot of pain from this marriage. There are several grounds for asking for divorce, in your case, you can file for it on the ground of cruelty. 

 

Two kinds of divorce have been recognized under Indian laws:

1) Contested Divorce –  Where only one party wants the divorce. Petitioner must file a case for divorce in a family court and then has to prove the ground to the court. If satisfied, a decree for divorce is awarded to the petitioner.

2) Divorce by Mutual Consent under section 13B of the Hindu Marriage Act–  In this case, both the parties jointly ask the court for a decree for dissolution of marriage. The provisions for Divorce by Mutual Consent are provided under Section 13B of the Hindu Marriage Act. However, conditions required are: 

(i) Husband and wife have been living separately for a period of one year or more,

(ii) That they are unable to live together,

(iii) And that both husband and wife have mutually agreed that the marriage has totally collapsed, Hence marriage should be dissolved.

 

In your case, Mental Cruelty could be take up as a ground. The Court has held[1], “Mental cruelty in S.13(l)(ia) can be broadly defined as the conduct which inflicts upon the other party such mental pain and suffering as would make it not possible for that party to live with the other. In other words, mental cruelty must be of such a nature that the parties cannot reasonably be expected to live together. The situation must be such that you cannot reasonably be asked to put up with him. It is not necessary to prove that the mental cruelty is such as to cause injury to your health.”

While deciding, courts look at all relevant facts and circumstances. Cruelty in one case may not amount to cruelty in another case. 

There are numerous cases and judgments on Mental Cruelty which might be of help to you. Some of them are:

V. Bhagat vs D. Bhagat (https://indiankanoon.org/doc/1848484/)

Savitri Devi vs Ramesh Chand And Ors (https://indiankanoon.org/doc/11307/)

Samar Ghosh v. Jaya Ghosh (https://indiankanoon.org/doc/766894/)

Savitri Pandey vs. Prem Chandra Pandey (https://indiankanoon.org/doc/325522/)

Naveen Kohli v. Neelu Kohli (Mental cruelty may consist of verbal abuses and insults by using filthy and abusive language leading to constant disturbance of mental peace of the other party. https://indiankanoon.org/doc/1643829/)

 

 

Be armed with all evidence. Note that audio, video recordings, mobile recordings are admissible as evidence.

Agree Comment 0 Agrees over 3 years ago

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