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Dowry

(Querist) 07 December 2013 This query is : Resolved 
I got married on April 25th 2012.i had issues with my wife from starting because she didn't take care of my parents, use to fight with reasons and many other problem. On Dec 6th 2012 she called her brother and went back to her home forcefully.we tried a lot to stop her but she didn't cared. She is staying there till now which is more than a year and when I asked her for divorce she is saying to pay her a huge amount or she will file a false dowry case on me and my family.when I am trying to call her home she is threatening that she will cut her hand and blame it on us.please help me and let me know how can I get a divorce from her.
ajay sethi (Expert) 07 December 2013
your wife has left you nearly a year back . have you during said period taken any steps to bring her back . ?

if your wife refuses to stay with you file for divorce on grounds of cruelty . you can also file case for RCR but it can boomerang as your wife can then file 498A / DV case against you
Devajyoti Barman (Expert) 07 December 2013
You better act faster and file a suit for divorce or RCR.
Matrimonial suit always helps to mitigate the effect of 498A case.
Rajendra K Goyal (Expert) 07 December 2013
Take the help of near relatives, nears and dears for getting amicable solution. If you proceed for divorce except for Mutual consent Divorce you should be prepared to bear slap of Domestic Violence case, Dowry act case, maintenance case and other related cases.
Raj Kumar Makkad (Expert) 08 December 2013
Well advised by experts so no more to add.
Prashant Singh (Querist) 09 December 2013
Is it that first i should file RCR then go for Divorce? Will it help me from 498a.
Rajendra K Goyal (Expert) 09 December 2013
You have to defend the case under section 498A on merits.


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