Divorce case
sanjay
(Querist) 28 June 2010
This query is : Resolved
Dear Sir,
I have one case on me filed by my wife.
We got married in dec 2006 and she stayed wiht me for 10 months and decided to go her parents home. She wanted to work in her hometown.
Since then we have been staying separted, since nov 2007.
after a yr of kiss n tel she came back in dec 2008, but stayed just a month wiht me in kolkata where i use to work.
and from there she returned back her home.
during this month stay she colected some evidences, i was innocent not to realize her motives.
So when she went back she immediately files 498A.
ofcourse the false case, she never stayed wiht me for tht much time to file 498A, to say what all she has written in FIR.
so this 498 went in to mediation center, thanks to this lawyer, and we had agreemt there tht she wil stay wth me and i wil give her some money, 5 lacs Plus monthly 10,000 rupees.
We came back to kolkata in 2009 sep, and stayed just one month when she started sayng that she will go her home and want to go to US.
I was again innocnet not to understand her motives, she had some plans in US.
so one she went she never came back.
and when she came back, i went to her home to bring her back, but her family asked me 25 lacs, and that was the last time i saw her in dec 2009.
She kept quite and may b collected som eevidences to file some case, now it is learnt tht she has sent some summon asking me money, the same amount which her family asked me.
please advice what can be done in this case.
I would like to add that i work outside India and i asked her to join me but she never came back.
and one glitch here is that she found some chats and conversation fro my gtalk where i was talking to some girl or wiht frnd about girls.
and she is using that thing as the weapon against me.
please advice.
Thanks
Sanjay
Devajyoti Barman
(Expert) 28 June 2010
What is the status of your 498A case. If it is already started then the worst has already been done and the court in Kolkata specially the High Court have of late has realised the growing misuse of this menace.
From the evidences you are talking about the worst she could do is to file suit for divorce which is not a probability because of her greed for money or the case under DV Act for which you should not worry much.
Further details could have been helpful to advise you further.
Guest
(Expert) 29 June 2010
1. It seems your 498a IPC was simple mediation process before women's cell otherwise you should have mentioned about Quashing of same before accepting her back for a month. Check with your Adv. what is the status of this 498a IPC complaint case.
2. The other glitch here is your overseas stayign status when some legal activity here in India which makes you less understanding of the legal repurcussions on day today basis hence half questions with half briefs presented here. Suggest to hire Ld. member from LCI database who can represent your point of view better way before oncerned Court .
3. Emails / gTalk etc are not much material evidences at this stage unless some loveria and explicit images in objectionable poses therein so don't worry on them which can always be denied at this stage showing she hacked your password and she created those evidences. Concentrate on core issues which I see is moneyrama here.
4. Also suggest to setup mediation of ending all issues via MCD route and carry forward with life.
ATB, rgds.
sanjay
(Querist) 29 June 2010
dear all,
Thanks for such a prompt response.
I feel better.
The 498A case is over. and my adv has done the needed by filing somekind of petition after 3 months of Mediation center verdict.
The mediation center (i forgot to mention, tat the case was filed in Lucknow high court) verdict clearly mentioned that all the cases on the name of me and my family members are void now.
But i had this query, is it possible tht this women can file 498 again?
this women is asking money on the ground that she want to study in US, and the fees and expenses will be around 25L.
Though this women has sent somekind of summon to my kolkata address where i no longer reside and i dont recvd this summon.
thanks
Sanjay
sanjay
(Querist) 29 June 2010
Really?
oh my god.
but how come she can file 498 again when she didnt lived with me?
i mean there is some logic here?
one more query, is there anything that i can file against her?
i mean is there any case which a husband can file, in such a situation?
