wife is filled 498 a complaint and police has called me,police know my flat location
suppose I abscond,will anyway wife take charge of property?
Adv. Chandrasekhar (Advocate) 04 June 2014
If it is only complaint, the police will not do such thing. If Section 498-A FIR has been registered and if you will not appear to court summons, then the court will proceed under S.82 of Cr.P.C. for attachment of the property. Otherwise, if wife files DV case and there asks for residential rights, then in your absence, the case goes ex-partee and she can enter that house after obtaining court order.
ANAMIKA VICHARE (LAWYER) 05 June 2014
To bre on the saferside, if you believe that yr wife lodged false complaint against you...you file Dvorce Petition on the ground of cruelty and also mention the Gold Jewellery presented to her and the custody of the same...If at all FIR is lodged you will get anticipatory bail and will not be delayed for want of recovery of Streedhan on the basis of statements made inthe Divorce Petition. Further even if you want yr wife back, herc onfidence wqill go down and shewould say thta she wants to stay with you i that case during pendency of the divorce petition you can cohabit on trial bas=is without withdrawing the matter...if you go on well, welll else continue further hearing
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Q Slinger (NA) 05 June 2014
I don't agree with Anamika...filing divorce only makes your intent very clear that you don't want your wife and that usually does not sit well with the judge well. You can claim false case, but whether its a false case or not is up to the court to decide and until that decision, you cannot call it as a false case and use that as a reason in your divorce petition.
Another problem is, people feel that divorce will give relief in such situations and will keep them from getting into further false cases. This is NOT TRUE AT ALL! There are plenty of cases where the divorce has taken place years ago and yet the ex wife still filed 498a and DV on the husband. That's how silly and stupid our laws are.
Another disadvantage in filing a divorce is that she might get remarried and use her new husband's assistance in fighting the case. Remember, don't make it easy for them..don't file divorce.
Sudhir Kumar, Advocate (Advocate) 29 June 2014
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KISHAN DUTT RETD JUDGE (RETIRED JUDICIAL OFFICER) 17 March 2018
Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.