False complaint against me and family member in caw cell
manish1247
(Querist) 03 August 2016
This query is : Resolved
Hi! I am married since 1.5 year and recently have a baby boy too. 6 months back my wife left me by abusing me and my family. Her parent took her with them after a lot of fights at home. Since than she is at her parent home. She filed a complaint against me in caw cell in may month and i attend all dates. In last i offered her a settlement agreement. Which she denied to sign off. I jad clearly told her that i will take her back only if she will sign the document which is a legal clousre of the matter. She has done all this because of the ego and. Under her parent influence. After 1.5 of complain i sent her a section 9 notice. Which she never replied. Now they are planning for FIR. And i have made my mind to get rid of this relationship because of the nature and behavior of my wife and in laws. Please suggest me in this matter and guide me the consequences. They have an eye over to my father's property. How to tackle these tricky people?
Kappil Cchandna
(Expert) 03 August 2016
Sir,
One side you are saying you want to end the relation and other side you have filed Section 9 petition, but I feel she will never come back and it is advisable to make a record of the conversations you have had with her as a matter of proof.
Side by side prepare yourself for Anticipatory Bail if she gets the FIR registered.
Warm Regards
Kapil Chandna Advocate
9899011450
Kumar Doab
(Expert) 03 August 2016
Your wife has no forced share in your father's property.
Rajendra K Goyal
(Expert) 04 August 2016
Try once more for amicable settlement, take help of friends and relatives.
If not possible, you have to defend the cases against you. Take help of local lawyer.
Shonee Kapoor
(Expert) 04 August 2016
RCR or Section 9 is useless. You can read my below article for the same.
http://www.shoneekapoor.com/why-not-to-file-the-restitution-of-conjugal-rights/
Now in the scenario that the police is pressing for FIR, you should get notice/ anticipatory bail so that you are not arrested.
Don't jump from RCR to Divorce immediately, wait a while and then use some newer ground to file divorce.
Regards,
Shonee Kapoor
www.shoneekapoor.com
manish1247
(Querist) 06 August 2016
Hi! I filed section 9 notice after taking an advice from a lawyer. Lawyer only sent the notice to girl. She never replied to that notice even after 15 days passed (it was mention in notice). Actually she want to come back but she do not want to sign any kind of agreement. I afraid that if i will take her back than she will do more trouble in future. How can i safeguard in this? If she dont sign on a settlement agreement than what are the best steps to get a divorce?
Sudhir Kumar, Advocate
(Expert) 07 August 2016
RCR is almost guaranteed tool to ensure that wife is compelled to submit true/false complaint of domestic violence and 498a.
manish1247
(Querist) 07 August 2016
Sudhir Sir, i am unable to understand your answer. Can you please help me in this. Should i move forward with section 9 petition? As my wife have not replied to the notice..... what are the possible ways to get a divorce? Because my wife is not accepting her fault and if i take her back without any written agreement than chances are that she will create trouble for me in future. I do not wish to have troubles so what is the best way to get ridout of these
manish1247
(Querist) 15 August 2016
Thank you...closing this ticket
