Safety against anti dowry case?
Vijay Sir please spare time for your advise ,Thanks
My working wife is living separately with her parents for past two yrs with our kid of 2.5 yrs out of total 4.5 yrs marriage.
Till now she has not filed any case but indirectly threatened for the legal options during my efforts of reconciliation.Though they don't disallow to meet the kid but i am insulted when i go to meet the kid.Also i am not allowed to take my kid anywhere out of their housing premises How can i safeguard from the indian legal terrorism if she doesn't come back,also if she comes back in a revenge full mood...
Can a relative in govt job/abroad be implicated in case of bad intentions in these situations
Do i have to live in continuous threat throughout my life..with these anti father anti human laws
Thanks
Its very difficult for any reasonable person to safeguard against the legal terrorism being used by the woman and various women welfare organisations against the innocent man and his other relatives in the name of dowry demand and cruelty.
If one reads very carefully the definition of domestic violence in the Protection of Woman from Domestic Violence Act commonly called the D.V. Act, one will find that this definition include all sort of acts any person may do as a matter of fact in his daily life routine.
The definition of cruelty gets further developed from the term Domestic Violence.
To say the husband and his parents or other relatives were demanding dowry is so common that now if there is no such mention in any petition or complaint or application of any sought the presiding officer him/herself is surprised for non-mentioning of this allegation.
The only safeguard that I can suggest is to have few independent and reliable witnesses to the various meeting that take place between both parties, when it comes to giving evidence to what all took place in the meeting between both parties these people can say about the issue of dowry demand if that was ever discussed in the meetings, if there was any dowry demand from the husband or his any relatives and refusal of wife and her relatives of this demand.
If the woman is married to a man either she lives with him as his wife or go in for total break of the relationship by decree of divorce, hanging the relationship just for namesake has no value in long term.
The Supreme Court of India in one of its latest judgement too mentioned this very fact were the Wife for all purpose wanted to keep the marriage alive even after being paid financial compensation too by the husband for breaking the relationship for all purposes, all this is nothing but wrong on her part and decree of divorce is best solution to this unnecessary litigation being drafted and directed by lawyers being engaged by the parties.
I do believe in same lines as no use keeping a dead relationship alive for namesake only if there is no love, affection, understanding, trust between the parties.
As far the custody or visitation right for the minor child, both parents have right to seek that legally even after the total break of relationship, no one parent claim his or her exclusive right over the minor child and ignore the right of the other parent even to meet the minor child.
Even after the divorce any of the parent can challenge the custody of the minor child with one parent if he/she is not even allowed to visit the child.
The Family Court even in cases of divorce by mutual consent inquire about the issue of custody of minor child and visitation right of the other parent before the decree of divorce issued, in no way the wife/mother claim her exclusive right over the minor child ignoring the right of husband/father even to visit the minor child, anyone doing it or instigating it amounts to wrong to be taken seriously by the courts.
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