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dipak (engg)     25 April 2014

498 a

Mumbai - my wife  left our house 3 months ago. she is staying with her parents(uncle) since then. She has left the house serveral time in their marriage period of 2.5 years.  Before leaving a my house she lodge wrong NC against me and my family members. We tried to sort out issue at our level but she don’t want to stay in joint family and I m am not agreed for same. This is not first time what she is demanding from last 2 years she is pressurized me to leave a joint family. Now , she is blackmailing me for accept her demand , otherwise she we will launch FIR against us against 498A / DV.  

 

Can I filled divorce case against her…



Learning

 15 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     25 April 2014

You have to made out a case for Divorce, I think these are not sufficient grounds,

you have to contact lawyer, or settle the matter mutually and get mutual divorce..

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     25 April 2014

why divorce for simple reasons. You problem can be settled amicably. Your wife is not interested to joint family. Live seperately. very simple. 

Rishi (Junior lawyer)     25 April 2014

File RCR... As far as 498a and dv act is concerned, try collecting evidence. Record your talking regarding how she is presurising u to live separately or she will file 498a

Sudhir Kumar, Advocate (Advocate)     25 April 2014

demand for independent life is not ground for divorce.

 

You have not eleborated why she does not like joint family?

498 A fighter (Advocate)     25 April 2014

@ Sudhir Kumar sir your observation are excellant not with this post from many post i had seen that your memory or hard work and update regarding the queries is appreciable before some time i am thinking that you are passing time and just doing critic over the post but later on i realize that you are studing so deep and giving adivse in short and sweet manner

i am telling this after reading many replies form you

but i am very unfortunate i cant discuss my case to you...
as it is in that stage where i can know what will going to happen ?

but still if i got an apportunity to seek your guidance i surely disturb you....

thanks with heartly respect..

SUNIL (DOCUMENTATION EXECUTIVE)     26 April 2014

FILING RCR IS A SIMPLE CALL FOR 498A REVERSE FROM YOUR WIFE.. so please try to resolve problem between you..

Sreenivas V (S/W)     26 April 2014

Hi Dipak,

All the suggestions what you got above are very good suggestions. But before taking any decision please make sure the following points. I am writing this because of my experience and also some of the cases what happened in real.

1, Why your wife don't want to stay in joint family. Finding out this reason is very important. If you ask your wife in pleasing manner she may tell but chances are very less. You only have to find out by thinking as a gentle man and the events happened since your marriage. Think alone and try to come up why your wife may not be liking to stay in joint family. This is the first important step to take.

2. In one case happened wife did not liked to stay in joint family is that she had affair before marriage and the boy friend was still in touch even after marriage and for this reason she avoided joint family living. Unfortunately that girl even poisned his mother and she died. Then she left home and filed 498A. Bad part here is the boys side came to know that this happened only when she filed 498A. They initially thought naturally his mother died.

3. In one case the girl has color blindness and some diseases and she is afraid that parents may catch that and tried to avoid to allow his parents to stay.

4. In one case she will not have kids and so avoided to stay in joint family.

5. In some cases they are some how mindset is like that in laws will trouble so avoid them, this you have to solve temporarily moving to new house and educate her.

6. In some cases really in laws will trouble her or some times to adjust the life style of her home and this new home may not be suitable so that in good manner you have to tackle it.

 

Sudhir Kumar, Advocate (Advocate)     27 April 2014

I am thankful to Mr "498a fighter"


So please post details of your problem I hope I can advise you without being disturbed.

Sudhir Kumar, Advocate (Advocate)     27 April 2014

filing RCR is many cases result in filing 398a.  Wife is forced to justify her absence form company of husband  and law  allows her this path (allegations can be true or false).

 

I agree with Mr Sunil to the extent that you can try to resolved.  Facts given by you do not indicate the situation has gone out of hand.

 

But for trying for reconciliation your being out of Jail is absolutely essential. Agreement takes place between equals only.  So I have to agree with advise of Mr Rocky Smith on this thread that "please make anticipatory bail first else you all will be behind the bar" For being behind the bars (with family) you need not  be really guilty.

 

If you go behind the bars then your frustration and their victory will be dual hurdle to reconciliation.

dipak (engg)     30 April 2014

Thanks all for your views...

I am putting some additional info for understanding the case...

I married on 16th Dec’11 ….. Within 3 month my wife committed suicide attempt and demanded for leaving separately  and reason was given by her is she is not comfortable in joint family .  But , for that she/her uncle was not filled any police complaint .  At the time of this incident  my family was on char dham yatra and myself and my wife was staying together….

After that also she regularly asking to leave separate from joint family and many   time she run away from house…

I also like to add that we have one kid also which is now 1.3 yrs old… after the delivered kid her demand was increase and now they are showing me threat of 498a and dv…  

Before leaving my house she filed NC against myself / my mother / sister... under 523,505,506

dipak (engg)     06 June 2014

After police counseling my wife is get ready to stay in joint family , but she is not ready to pull out all false dowry/dv/498  case against my family….

What should I do for safety of my family….

Earlier she said I don’t want to leave in joint family but after 2nd session she agreed to stay in joint family…

Gautam Kapoor (IT professional Studying Law)     06 June 2014

well, there is one good output from this scenario - you, your wife and all the family members who are alleged can take the same cab or any shared mode of travel to fight DV/498 cases and then return back to home using the same mode.

Not  to be harsh and no pun intended,do you yourself see any good out of this situation.Instead of posing this question you yourself should have made a point about the remote possibility of this ever working out to either to your  lawyer or the judge.

One option would be  to seek a compromise with your wife where in you move out of the joint family to (atleast save their skin) and  in return persuade her to take back the cases.

Im not sure if this will help you in the long run but atleast you can save your other family members.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 June 2014

I would be little sceptical about her not closing the cases, if she has agreed for staying in the joint family, there should not be any reasons why not to take the cases back. Unless, she actually had some other complaints for which she wants to see the change of behaviour.

 

I would advise you to be utmost careful and use technological things like recording devices etc to safeguard against further false additions while the complaint is still pending.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

498 A fighter (Advocate)     06 June 2014

it would be better first you tell your wife to withdraw all criminal case then only allow her to join.....

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