498a - divorce matter
rishabh
(Querist) 10 January 2014
This query is : Resolved
dear sir/madam
i got married an yr back and my wife left my house 4 months back ,inspite of several calls she is not willing to turn up,
now she has lodged a complaint against me in women cell that refers entirely to section 498a of dowry and domestic violence.
i went to women cell where she has given in writing that she wants to stay alone with me .
i have not filed any complaint against her yet.
pl advice how to proceed further ,shall i file divorce or do police complaint as they are threatening me for jail and a huge amount of money as alimony.
regards
rishabh
Devajyoti Barman
(Expert) 10 January 2014
If you are ready to stay with her also then do so.
The trust has to be built by both of you. None of use can help you in it.
M.Sheik Mohammed Ali
(Expert) 10 January 2014
if the police officer immediately filed FIR, so you confirm with that any fir filed against you , you first and should take Bail, thereafter you decided whether you stay with her or not.
Dr J C Vashista
(Expert) 11 January 2014
Talk with your wife and get settled as soon as possible,otherwise delay will be harmful for both of you.
Sudhir Kumar, Advocate
(Expert) 11 January 2014
she agrees to stay alone with you. it clearly implies that (rightly or wrongly) she is not comfortable with your family. It matters little who is wrong. She is not deserting you for good.
You said you have not filed any complaint against her. Given facts do not disclose any matter worth complaint against her. In taliban ruled Afghanistan it was a crime for a lady to desert husband. But unfortunately you are in Indian democracy.
No divorce or criminal case is made out against her. It can be made out against you if you want to prolong the deadlock as you say that you are being threatened.
Rajendra K Goyal
(Expert) 11 January 2014
Well advised by the experts, agree to it.
On what grounds you will file complaint, law is pro ladies and her complaints can send you and your family to jail if you are unable to take anticipatory bail.
If possible save the marriage and explore the possibilities of living separate. Life would not be better in litigation and even after.
Devajyoti Barman
(Expert) 12 January 2014
All have rightly advised. now act on your choice.
T. Kalaiselvan, Advocate
(Expert) 13 January 2014
It is better to take her with you and set a separate house as per her desire not only to save the present mental tortures but also to save the marriage.
rishabh
(Querist) 16 January 2014
after reading the complaints and her previous tantrums ,i have decided that i do not want to live with her ,she always wanted to live separate and i m d only son of family ,so shall i file for divorce or shall i take an anticipatory bail
