Judge is forcing my brother to take 498-a wife back

Raj (Querist) 12 October 2014 This query is : Resolved
Hi My family and I have been implicated in 498-A/406 cases on compliant filed by my SIL she has filed the series of the cases 125 Crpc. DV at her native places nad we have faced a lot of stigma in defending these cases for last 3 years.Charges has been framed and we filed the revsion petition and Interim maintence was awrded we file the revsion petition.During the hearing of maintenance petition on revsion grounds the jusge asked my brother to take her wife back home as she has made u Turn because of our counter cases ( Income Tax and DP case)..My brother is not willing to take her back as she does not want to withdraw cases but want to continue simultaneously..before filing of FIR she left the matri home and we filed the Section 9 of RCR as result she come back but showed colours..Thsi time we donot want to take risk

Please provide the remedy as judge is favoring women and forcing my Brother to take her back..Moreover Divorce case is also pending as she has been living separaetly for last 3 years

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Sudhir Kumar, Advocate (Expert) 12 October 2014
in any case she is entitled to remain in the same house despite these cases.

ajay sethi (Expert) 12 October 2014
dont bow down to pressure . if you dont want your wife back contest case on merits . inform the court that you cannot accept her back as she refuses to with draw all cases filed by her

Rajendra K Goyal (Expert) 12 October 2014
The judge can not force to live to-gather.

Sudhir Kumar, Advocate (Expert) 12 October 2014
she does not need permission of any court to re-enter the house. She is under no obligation to reside separately.

Any way, you have to examine on merits whether she is really and genuinely interested in re-union. The decision is not subject matter of legal advise.

Guest (Expert) 12 October 2014
Dear Author, I would Request You to Please Understand that Marriage is some thing more than Legality.Present Days Court of Divorce is almost a College Room. Judge's Intention to Confirm the Possiblity Of Unity atleast by Living together.

Sudhir Kumar, Advocate (Expert) 12 October 2014
I fully agree with Mr NJS Rajkumar.

Nadeem Qureshi (Expert) 12 October 2014
agree with experts, nothing left to add

Raj (Querist) 12 October 2014
sir she is earning and living separely for more than 3 years .she was only playing games and.want to come back and join husband is only to trap him and his relatives in more severe offences.prevsiusly she refused to join as result the brother has to file the RCR case and then again she left matrimonial home .already divorce case been filed on the grounds of desertion.how can we bring her back to implicate further in false cases.Already 498-A sword is hanging on our neck how can we take her back in such case

sir, when trail has commenced and going in our favor she not even showed any interest in coming back but opposed our anticipatory bail applications and contest gainst each and every move evn the perosnal exemption applications filed by my sisters and mother and filed one case after naother when all remedies has been exhausted and she showed interest in coming back..what a big jokeircumstances?

Sudhir Kumar, Advocate (Expert) 12 October 2014
you stand well advised.

it is your brother who filed RCR to force her to come back (or to just harass her).

Now she wants to come back and you are resisting her return.

Raj (Querist) 13 October 2014
OMG..Sir my brother filed the RCR when she left home and then she joined my brother as per court order and then she started showing her colours and then after year she again left the home and after few months she filed the FIR ith MLR and then we have to run pillar to post to secure Anticpatory bail and regaulr bail and then she filed multiple cases 125 Crpc and DV. she had not shown any interest in joining back during last 4 years and now during the comencement of trail she had shown...
She has the full right to file cases and leave the home as per accord and then join as per conveneinece in order to trap in further offences
I am sorry to say in what country we are living where the people only flouted the laws and has no regrets and then take sympathy from courts and other people
The woman who made false allegations especially in 498-A cases know very well aabout the case
People just support woman without knowing the foundation of case and give sympathy to woman

Judge says that file will remain open if she joined my brother and proceedinsg will continue
Now tell me who will bring such poisnous snake back to home
Its easy to say that we are resisting her attempt to join but one has faced knows the pain..who are the victims..you know it very well

Judge is forcing my brother to take 498-a wife back

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