Legal Questions

I, M. Rathinasabapathy (40 years) got married to R. Rajeswari (29 years) daughter of Mr. S. Rajagopal and Mrs. R. Syamala, of Howrah present residing at No. 42/1, Kailash Bose Lane, Howrah - 711 101, and the marriage was solemnized at Pondicherry on June 04, 2003 at Mahalakshmi Thirumana Mandapam, Chinnakkadai, Pondicherry. After a couple of months spending at Pondicherry, I got a job at M/s. Macmillan India Ltd, Bangalore and we shifted to Bangalore on December 05, 2003 and we lived peacefully and happily and she too worked in a couple of private firms. After she got conceived she lived with me for 2½ months and she went to Howrah on July 26, 2004 as per her father’s advice. She lived for about 7 months at Howrah. She came back to Pondicherry for about 3 days for her Valaikappu function on November 18, 2004 and she came to Bangalore with her parents, and all of them started using vulgar words and threatened me to acquire all the properties / wealth.

As Mr. S. Rajagopal and his family are involved in politics and by this influences they are sending some unknown persons to my residence and torturing me and my parents frequently in order to acquire our properties and money. On February 15, 2005, God blessed me with a male child. As I got a new job at M/s. Accenture India BPO, Bangalore, I am not able to get leave, for at least single day and my father Mr. S. Mahalingam (66 years) and my mother Mrs. M. Dhanalakshmi (65 years) who was operated in the right eye on February 21, 2005 and also in the left breast for cancer on December 08, 2005 and lying in bed and counting her days and family are only depended on the pension of my father, who served in Pondicherry Govt. for nearly 42 years (41 years and 8 months) in various capacities. During his entire service he did not get any black mark in his service records. And he lives in Pondicherry at the same below address for the past 65 years and I am living for the past 38 years in the same residence and this is the reason we are not able to go to Howrah, to see my wife and child. After several phone calls and letters, my wife came to Pondicherry from Howrah on September 12, 2005 with my child Mr. R. Lokesh (4 years) and her parents. After many advices to her, she left to Madurai on September 20, 2005 after 9 days of stay at Pondicherry and not to Bangalore even without showing, neither my child to me nor any photos, since his birth. I came to Pondicherry for Diwali on October 20, 2005 on 10 days leave to see her but she left to Madurai on October 16, 2005 once again without informing me, nor to my parents with her uncle Mr. Duraipandi and grandfather Mr. Pichaimani. On November 18, 2005 she came back to Pondicherry from Madurai and once for all she left on the same day, without any intimation or even informing me. She has taken all her belongings, along with my jewels, without telling anybody in our house.

After 3 months gap, I have received several summon in an frequent intervals which is filed under section 125 Cr. P.C., 125(3) Cr. P.C. 498A, 406IPC, 34, 354, 379, 506, 323, 341, 504 and section 3 & 4 of Dowry Probation Act etc. against me, my patents, brother and sister from the Court of 7th and 4th Judicial Magistrate at Howrah. As there is no leave on training period, I am not about to go to Howrah , for the first hearing on February 21, 2006, which is represented by my father and relatives. After completing my second hearing on March 20, 2006, I had been caught by the police and kept for 9 days i.e. March 20, 2006 to March 28, 2006 in police lockup and 1 day in Correctional Home, Howrah and released on March 29, 2006. For third hearing my father, my brother (Mr. M. Sivasubramaniam (37 years) is working in a private firm and sharing the family burden) and my sister (Miss. M. Sarojini (36 years) is innocent and helping her mother) who came out on bail on April 18, 2006. Both my brother and sister are unmarried.

Due to this court proceedings only, and due to my wife harassment I had to resign my good job at M/s. Accenture India BPO, Bangalore on April 29, 2006, and I am now jobless. Further till date without any fail we are attending all the hearing. I am very afraid of my father-in-law Mr. S. Rajagopal, mother-in-law Mrs. R. Syamala, wife Mrs. R. Rajeswari, cousin Mr. R. Prabhakar @ Dubbu and relatives Mr. R. Kumar, who are fully responsible for my life. I fear they may assault me through some persons, in order to swindle our hard-earned income and property. As Mrs. R. Rajeswari does not want to live with me, she gave false and fabricated reasons in the case records and arranged for arrest/remand against me under various criminal sections and she got exparte divorce on Apr 2007.

Further Pondicherry to Howrah, up and down is nearly 4000 Kms and we do not know local language Bengali. So, please accept this complaint and in the circumstance stated above it is prayed that your Honour may kindly pass necessary order for realisation and kindly arrange for proper counselling in order to have my wife and child back and still feel that if proper counselling is given I would mend her ways and there is all possibility to live with my wife without the interference from any body from either of the families of mine and her side. I am ready to live with her.

I, the petitioner, do hereby declare that the foregoing paragraphs are true to my knowledge and belief and I sign this verification this the 10 day of September 2008.

I request your goodself to look into this matter as soon as possible. Thanking you,

Thanks,
M. Rathina Sabapathy