Regarding Legal Prevention in taking 498A Wife back?
Guest
(Querist) 16 February 2011
This query is : Resolved
Hello Sir,
My Wife ran away with her elder sister's husband from Bangalore on 7'th Sept. 2010 without informing me or taking my permission to his home in Seoni (M.P.). Then on 16'th Sept. 2010 they called me with my Family in Dhamtari (C.G.) which is my Wife's Hometown. But when we reached there they beated me and my Family, humiliated us and filed a false 498A, 323, 506B and 34 case on us. In Police, All major Electronic and Press Media her Parents and she along with her Jijaji gave wrong statements including harrasement, making mms etc. Along with various false allegations on me and my Family, She even gave a false statement in her complaint that I did anal sex with her though police didn't put 377 on the charge sheet. She putted various allegations against my Family whereas she we lived with them. Police submitted a charge sheet on 18'th Nov. and 21'st Jan. the charges were to be framed. This case is in the lower/trial court of Dhamtari (C.G.). Our marriage is now 4.5 years old and we have a baby boy of 3 years too. I'm a very emotional person and can not live without my wife and kid and Family. Sir on 8'th of Jan. 2011 in a social meeting in a neutral place compromise was done and me and my Father gave it in writing that we will not take any revenge from her or her Family for what they have done. Sir on 21'st Jan. 2011 in court the judge canceled 3 of the cases with only 498a remaining for which the hearing is on 5'th march 2011. In the compramise letter advocates had mentioned that we have given in writing that we will keep her in good condition in future and also that both parties wants to compromise and end the case for the sake of child's future. I'm currently staying with my Wife and kid back in Bangalore and my Hometown is in Bhilai (C.G.). Sir my questions are:
1) Is it advisable to take such wife back after all this? She realises that her Jija was behind all this but not that her Parents were also involved as they were also behind my Fathers retirement money which he recently got.
2) What strong legal precautions I can take on before, on and/or after 5'th march hearing so that she can never ever file such cases on me and my Family? Does her case becomes weaker once she withdraws it?
3) I've heard that if she withdraws the case and files it again the chances of conviction are more? Is it true? My Father has disowned me legally. Will this help? What can I do to protect me and my Family in future as I want to live my life with my kid and wife but do not want to take any chances of she refiling the case.
4) Will all the matters till date 5'th march 2011 from our wedding gets ended? Will we get something from court which will protect us from any future cases if it happens?
5) Can I file a defamation case on her family and jija once she withdraws the case after giving statement that she filed a false case under their mis
guidance.
Please let me know as soon as possible.
adv. rajeev ( rajoo )
(Expert) 16 February 2011
Regarding to take her back it is left to you, because you are the perfect person to take decision. Dnt ask for others advise.
Take an undertaking from your wife that she wont do such illegal acts in future with the advises of illwishers like this.
Guest
(Expert) 16 February 2011
Dear Mr. Bansal,
With due apology, I am unable to understand how, as an expert, you have treated Anupam's query as a useless query, when being in a very difficult situation, he has sought advise of experts just with the intention to take precautions not to get involved any more in such type of difficult case in future?
You may therefore like to enlighten me and others also on the issue?
