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Sun Star   30 January 2019

Legal notice received from wife for all family members

Hi All, My wife stayed back in India more than a year ago without telling any specific reason and missed her return flight. I tried contacting in laws few times during year but they repeatedly asked for divorce. Now after a yr of seperation, my wife sent a legal notice against all 10 family members who dont even live at same place falsely accusing me and my parent for dowry and totally lies/made up stories. I have proofs photographs and video that she was having good life with me but since she has tendency of staying back in India, this time I was really hurt. Questions : 1) For all false allegations written in legal notice, can we file case against them any IPC act for mental cruelty 2) we live abroad but legal notice is sent as if we stay in India with parents and Indian home is matrimony home. In my case, matrimony home should be abroad home right ? Plus many mistakes in notice which I am not sure what to comprehend. Is such notice valid? 3) She asked for all streedhan and loads of cash (not hers) to be delivered to her door step in 7 days else threating for 498a and section 12 D. V. What should we do now. 4) Does all family members need to reply separately or joint reply. We are trying to hire a lawyer ASAP. Any inputs from this forum will be life saving. God bless.


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 6 Replies

Vijay Raj Mahajan (Advocate)     30 January 2019

Reply to the legal notice from your wife living in India should be give by competent and experienced lawyer not by you or any other layperson. This forum has both lawyers and laypersons replying your various questions that I checked in your profile and found most answers incorrect and disguising so avoid putting your questions here rather the Expert forum has mostly lawyers replying, you should use that forum to clarify you legal doubts. All your points raised about your foreign status but marriage in India give benefit for all your cases like Hindu Marriage in India and various offences levied against you and other members of your family who are not even living in India or ever lived with you both. The real purpose of such women who are in look out for groom from foreign is to extract maximum money out from them, there is rackets of such women running in various states in India especially Punjab and Gujarat and unfortunately you got entangled in such racket. Number of fake and fraud lawyers are part of these rackets so you need to be very careful while dealing with any from India.
1 Like

Suhail suhail (LAWYER)     30 January 2019

Dear forget about the mistakes in Legal Notice, consider its as an acknowledgement, just reply the notice through a Lawyer,reply each point correctly and also mention your situation correctly every point should be such that if any case you faced the trial you can prove what you stated. The legal notice is certainly for gaing of monetary benifits by your ex -wife,if you are seperated legally and settled everything like returing the chattles and other things of which your ex wife is legally rigtful to recieve then you need not worry.But if you have just deserted her or she deserted you without any process to fix that loose end you are at risk of being implicated in to the litigations and what will be results of those litigations is secondary matter.Better take each step carefully and avoid influnce of your emotions in this matter ,as in such cases the emotions certainly play part but very bad part.

Hope replied

Sun Star   31 January 2019

Thanks for your feedback. The reason I m asking in this forum so that I can be bit prepared while talking to my lawyer. 2 question 1) Is ring and chain given to husband during marriage and cloths to close relative stree dhan that wife can claim back? 2) All accusations in legal notice sent by her are total false, lies which causing lot of mental stress and harassment to me and my family members. Can this false accusations in legal notice be used as cruelty based divorce case?

Suhail suhail (LAWYER)     31 January 2019

That will be consederd as sitri dhan, well if you think to make the legal notice as the base for divorce then that is not going to help you, you need strong grounds for divorce,.

 

Suhail suhail (LAWYER)     31 January 2019

That will be consederd as sitri dhan, well if you think to make the legal notice as the base for divorce then that is not going to help you, you need strong grounds for divorce.

Obviously it is bearer who knows where the shoe pinches, you might be too much diturbed,keep patience and try to divert your attention towards some other things ,just console youself .Try and think how to save your marraige instead of breaking it .

I know it is easy to talk but Brother life has to go,better to let pass by fixing the loose ends instead of entagling them to knots.

 

Sun Star   10 February 2019

Thanks Bilal for detailed advice. Is filing section 9 restituation of conjugal rights at this stage going to be helpful even though I really dont see any future for this relationship and dont want to take any more misery from wife who left me. After section 9, giving handsome maintenance to wife is almost certain. Section 9 might take 2 yrs to complete and I cant appear in every hearing i work abroad

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