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Advice reg.illegally entered in my house in absence of me after d.v.order & 498a

(Querist) 17 January 2015 This query is : Resolved 
Respected sir/ madam ,
1) i m a Govt. servent.My wife is housewife
2)we married in may 2001.we have 2 kids, one girl 12 yrs& one boy of 9 yrs.
3)I have 4 married sisters & father staying at native place alone (not with me)
4)I m well setteled& haviny own flat at kalyan.We were happy in our married life.
5)my wife is short tempered & high B.P. patient ( I had psychotric Dr prescriptions). there was interference of her relatives in our life.Hence dispute is arrised after 11 yr peace life.

6)In December 2011, my wife had stolen all my original land, flat agreements, ATM Cards cheque books ,cash, gold etc.(afterwards some i found it).I have made complaint to police station about this.
8) On that day,she called her parents & relatives to my house from their native place.They came to my house & They were shouting in my house & insulted me infront of neighbours till mid night.
9)My wife(with my kids)left my house her own willingly alongwith her parents& relatives on 31/12/2011.After 3-4 days i have made complaint to police station about this.
10)Immdly. after 15 days she filed false D.V case in court against me,my aged father & 4 married sisters on 15/01/2012 without any discussion with us.
11)We had submitted our says in court.Magistrate had conducted counceiling 3-4 times but failed.
12)Then my wife moved application to Mahila Sahayya kendra.
13)After compromised through mahila kendra,I brought my wife & kids to my house
on 24/01/2013 for bright future of my kids.
14)We started our married life again.All were happy but there was interference of her relatives.
15)Even after 4 months passed she was not ready to withdraw DV case & wanted to keep pressure on me by giving threntening of police station & court to me.
16)Magistrate had also suggested her to withdraw case but she refused.Then Magistrate had given option to withdraw case&live with husband or stay at her parent & proceed the case in court.
17)From that day (24/05/2013),she & kids are at her parents house & d.v case in proceeding.
18)In July 2013, she filed false 498A FIR against me & all same my family members Reg. demand of 5 lacs .
19)All we got A.Bell & chargeshit is filed
20)We filed petition for quashing FIR & chargeshit in H C. The same FIr is quashed by H/C in favour of all other 6 fmly members except me.I have to face the trial.
21)Meanwhile Interim Mntc. is passed for Rs 3000/-pm to my wife & kids against her demand of Rs 25k.PM.I had paid mntc amt regularly from 10 months.
My Gross salary is 70k & Net payable amt is 20k (after all loan&other deductions).
22)She has not produce any documentary proofs or witness reg. her complaints.
23)Now, D.V.Judgement is issued & order is passed for Maintenance of Rs. 3000/-p.m.to my wife & kids from the date of order & copensation amount of Rs. 50000/-to wife due to physical & mental Harassment.
24) I have made appealed in session court against that D. V. order as she had not given any proof/evidence/witness to prove D.V.is caused.
25)After D. V. order, my wife (with my kids) had broken the locks & door & illegally entered in my house in absence of me.
26)Immdly. I have given complaint to the police station. They have registered N.C.but denied to register FIR stating there is no divorse bet you & ur wife.
27)Now, she is not ready to leave my house & staying with me.But there is no change in her nature & always giving blame to me & my relatives.
28)I m afraiding that she may injure to herself or me & may lodge false complaint against me.
Kindly adviceme,
i)can i force to register FIR against her? Or make private complaint in court against her & her parents?
ii)How can i keep pressure on her ( her parents) to withdraw all false allegations in D.V & withdraw 498 A & assurance not to make any false complaint in future to save the marriage in view of kids.
iii)should i give application to SP, Mahila aayog,women & child welfare for information & counceiling.
iv) or should i file divorse & child custody.
iii)Any other valuable advice to safe me legally.
Sorry for long querry.

Thanking you in advance
Regards.










adv.bharat @ PUNE (Expert) 13 November 2016
U can file divorce case & child custody.


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