Nri wife file 498a?
Law Querier
(Querist) 28 March 2012
This query is : Resolved
I am residing in India.My wife is residing in Canada (having Indian citizenship).She has filed a divorce petition in family court on the ground:mental cruelty during telephonic talks section 13(i)(ia).I don't agree for divorce.She has made power of attorney to his father to fight the case.I want to know that 1).Can she file 498a although she is living in Canada? or Her father can file 498a against me? 2).How mental cruelty during telephonic talks is valid in divorce case? 3).What is advisable for me, If I file restitution of Conjugal rights (RCR)against my wife as I don't agree for divorce?
Shonee Kapoor
(Expert) 28 March 2012
Don't file RCR that is a waste of the case.
You can file WS through your counsel.
Yes 498a is possible by father/ brother of the girl, but that looses much of the sting.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com