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498a

(Querist) 06 November 2012 This query is : Resolved 
Dear sir,
in one of my friend case ,he married & the girl was there with him for 15days & return to his parent house,now she say she dont want to come to husband house.

he lodge a complaint in family walfare office ,where the medation failed,later he sent a leagal notice ,now the case filed in family court,
now the girl claim that the husaband demanded dowry,reqyested her to divorce him,spent 15 lakh on marriage & ornament which gave to husband.
1.no complaint on 498a before this,it is only in written stament ,is this valid,
2.for every amount they spent reuirq the bill or supporting?
3.the also gven in writen statement that husanband parent also harrased her,which as no preior compliant on this.

now the husband want divorce ,but advocate say not possible ,becuase in first the case filed for want of wife,so now can not go for divorce ..
is it true
Sudhir Kumar, Advocate (Expert) 06 November 2012
what happened within 15 days. The cause leading to break up will be relevant.
Shyam Ji Srivastava (Expert) 06 November 2012
Dear
Regarding your 1st query...if no complaint is there it will be in your favour
2nd...You are correct
3rd...She has to prove it

lastly Divorce may be filed. and if you will file case for Restitution of conjugal right and wife not turns then it will convert into divorce.
MURAAREE M (Querist) 06 November 2012
Dear Shyam sir,
thanks

dear sudir sir,
in her 15 days time 5 to 6 time thay had a intercourse,she is not a pragnent

now he came to know that she had affair so she did like that,but he unable to prove it..
Raj Kumar Makkad (Expert) 06 November 2012
You have not mentioned the nature of the case lying between husband and wife without which it is difficult to tell the importance of the allegations made by that lady.

Law says' who so ever asserts, must prove' so that lady have to prove her own allegations and her husband has every right to rebut them by way of documentary as well as by way of oral evidence.
ajay sethi (Expert) 06 November 2012
your wife will have to prove the allegayions that dowry was demanded rs 15lakhs spent on marriage and giving gold ornaments etc. since the wife has refused to stay with her husband he can ask for RCR . if wife refuses inspite of court orders then husband can file for divorce
Devajyoti Barman (Expert) 07 November 2012
Vague query?
ho filed complaint?
The husband can surely file suit for divorce?
Where is the problem?
Guest (Expert) 07 November 2012
If the problem arises merely within 15 days of marriage, there must be some compelling ground for the girl to leave her matrimonial home. Only girl cannot be blamed for that. Your allegation "now he came to know that she had affair" eems to be just an after thought to counter-allege the girl. Naturally, your friend and his family would have taken time to ceremonise marriage after verification of other details, even affair. If he cannot prove that itself is a proof about vagueness of his allegation.
MURAAREE M (Querist) 07 November 2012
THANKS ALL
for your valued advice


thanks
muraaree
Raj Kumar Makkad (Expert) 14 November 2012
Muraaree you have still not posted the true facts connected with your case and even then you are satisfied with the advice..it is amazing.


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