Wife threatens 498 for mutual dv

Querist : Anonymous (Querist) 20 December 2011 This query is : Resolved
I am married since last seven years and have a daughter of five years. My wife is intending to leave me for another man in her life and is not willing to part with daughter in spite of the fact that I am ready for mutual divorce. Her lawyer is threatening that they will file a false case under 498 if I do not agree with her terms for mutual divorce. How do I handle this, as I do not want to get implicated in 498. Pls.help.

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ajay sethi (Expert) 20 December 2011
is your wife having an affiar with another man . if so you cna file a case for adultery against her .
she will agree to an compromise . as it is you are willing to agree for divorce by mutual consent .
you are not leaving your wife . it is other way round . you should not succumb to bullying tactics

adv. rajeev ( rajoo ) (Expert) 20 December 2011
After 7 years she cannot file the 498A because she has spent life with you and given a girl child. Dont worry about that.
Question arises here why she kept quiet till today, if there was any dowry demand she oould have already filed 498A. Just they are threatening you.
Try to find with whom she wants to live and get the proof.

DEFENSE ADVOCATE.-firmaction@g (Expert) 20 December 2011
You are so lucky that your spouse wants to leave you without any hassals.

Adultery case is not easy.

Shonee Kapoor (Expert) 20 December 2011
I disagree with Ld. Rajoo,

She can file 498a even after 7 years. But it is a small price to pay if you want the custody of your daughter.

Fight it out brother, the welfare of the child should be supreme in your mind.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

PS: File for adultery only if you have sufficient proofs. Don't let the daughter go away from your home. Adulterous wives are not entitled to have child custody.

Querist : Anonymous (Querist) 20 December 2011
Thank you Experts. Please let me know if I can raise issues after Mutual DV is filed ? That is, the issue of getting back custody of Child on the grounds of adultery ?This will save me from false 498? Or is there any way I can reopen the case for fighting out the custody later? Sorry for this second thought in the matter.

Shonee Kapoor (Expert) 20 December 2011
Yes, you can.

That may not save you from 498a. But you can secure the custody of the child atleast, or has a good chance of securing the custody of the child.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Sudhir Kumar, Advocate (Expert) 20 December 2011
I agree with Mr Shonee Kapoor.

Devajyoti Barman (Expert) 20 December 2011
If Mutual divorce is made then you can enter all the necessary ingredients for withdrawal of allegations and custody of child.
It is fact that the wife can file case u/s 498A iPC even after long years of separation.

Raj Kumar Makkad (Expert) 21 December 2011
If your wife is entangled with some other person then it is better to get rid of such lady as soon as possible so that you may re-think about rest of your life as well as the future of your child freely. Get mutual divorce but make clear her it shall be without any payment as this is her desire to have the divorce.

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