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sudherrrrr (design)     07 September 2015

498a & dv query

Hi friends,

1) i got marriage 5.05.2014.

2) Me and my wife stay together (10 days Tamilnadu && 22 days in gujarat). Now we separated 6 month back

3) Now i am working in PSU company in gujarat &&& She working in IT company in chennai

4) And last month she send advocate letter. In that she given dowry and DV against my self and my parents (All are not true). she given total 50 points. and Final point she want divorce with 50 Lakh otherwise she will file 498a case and DV case on me and my parents. (total 8 pages)

5) I send reply by my advocate state that all points are false. i stated that i will not give divorce and money and i want live with her.

my query is

a) next step what they will do?

b) what i did right or not?

c) once they will file 498a & DV. Police will arrest me and my parents? because i am gov employee.



Learning

 11 Replies

Jothish Kumar (Consultant)     07 September 2015

Put a DP 3 ie giving dowrry is an offence. if you put dp 3 agaist her and her parents , it will not treated as you or your parents were accepted dowrry. Also you and your parents will get immunity u/s 7(3) of DP act agaist her DP and 498A case.

Then file an RCR wait for 1 year onces you got RCR in your favour and file a divorce case.

saravanan s (legal advisor)     07 September 2015

she given total 50 points. and Final point she want divorce with 50 Lakh otherwise she will file 498a case and DV case on me and my parents.

were these lines mentioned in the notice.in that case you can file a extortion case against your wife.

they might initiate 498a and dv cases on you.but dont worry police cant arrest you just like that.refer to the supreme court guidelines regarding mechanical arrests made by police in case of cognizable offences which is punishable by less than seven years of imprisonment

also being a governement servant the police cant arrest you straightaway without conducting prelimnary enquiry.

in case if they file fir over you in the above cases apply for ab under 438 crpc

sudherrrrr (design)     07 September 2015

Thankyou Jothish Kumar ji

last month I send reply letter with my advocate that "i want live with her. "

It is possibly, i can file divorce after 1 year (without RCR) using my advocate letter.

sudherrrrr (design)     07 September 2015

thankyou saravanan s ji....

1) how much (approx.) for apply for ab under 438 crpc in tamilnadu

2) i not willing to apply RCR. isit right or wrong

 

Prasad (Systems Engineer)     07 September 2015

Do not file RCR if you do not really want to live with her. It is a waste of time.

 

Also, do not file any legal case yourselves first. 

 

Wait for yoru wife to take first legal steps and then respond.

 

Police will not arrest you or your parents.

 

SAINATH DEVALLA (LEGAL CONSULTANT)     07 September 2015

RCR will invite many more crimincal cases available with her.Hence as U have replied lwgally to her notice wait and see her next step.

Is there any chance of reconciliation and reunion through mediatiion and counselling?

sudherrrrr (design)     07 September 2015

Thanks Prasad ji

Thanks SAINATH DEVALLA ji

I had from there relative that "they want Divorce with money for remariage".

So, my hope that chance of reconciliation and reunion through mediatiion and counselling is very less.

SAINATH DEVALLA (LEGAL CONSULTANT)     07 September 2015

Why don't U engage the elders and relatives of both the sides for an amicable settlement? There could be a possibility.Legal complications in marital life will ruuin both the lives.

saravanan s (legal advisor)     07 September 2015

if she files 498a on you let her do it.fight the case on merits.if she couldnt prove the allegations on you and if you are aquitted you can apply for divorce based on the cruelty  she meted to you by filing false 498a on you.

if she files divorce straightaway then let her prove the allegations as the burden of proof lies on her

sudherrrrr (design)     08 September 2015

saravanan s ji       OK

SAINATH DEVALLA ji

This issue become big because of elders and relatives only. So i am worry to engage elders and relatives of my new issue.

I hope this issue will solve, if me and wife speak together.

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     08 September 2015

That's the right decision U have taken.Nothing stop the husband and wife sitting together sorting out the differences amicably and opt for a reunion forgetting what happened in the past.90% of the differences of opinion between the husband and wife are blown up beyond propositions resulting in running after courts.

Hence better resolve the matter yourselves only.

1 Like

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