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pank (none)     29 March 2014

Complicated case - 498a, 125, divorce, section 24

Long story short-

I married in nov 09. My ln-laws screwed up my life and wife left me after 6 months. After 1 year after her departure, she filed 498a on Aug 11. 9 months in CAW they case registered as no compromised was made of her demand of owning house, 20000 maintenance pm. 8 months in police investigation. During this, my father expired on 2012. June,12 court passed order to keep her in my family with conditions to grant bail. She made my life afterthat and insisted me to have a kid. My mother has to leave my house (rented) due to her curelalities. She changed her face and asked for forgiveness asking another chance. My family melted down and gave her a chance. In January, she realised her mistake and ready to take off 498a and signed a mutual agreement to do so. Mar, 13 she got pregnent and left the hosue again. She again showed her true face and didn't allow me/myfamily to take care of her inspite of my several follow up. During her pregnancy, her family members used to come at my house threating me/my mother asking same conditions what she put during CAW. I finally filed divorce in Nov 13. At same time, I was blessed with son. But now, I don't want to leave with her anymore in any condition. No second thought.

 

Current status

1. She filed 125 again; at first date she handed over custody my baby boy child if I gave her 8000 pm. It was settled and agreement was signed. I also asked to revoke her visitation rights. I got my 2 month old child.

2. She filed review petition after that. I replied to that but yet to be dismissed. What could be the fate?

3. 498a is still in progress and charges are yet to be finalized.

4. Divorce is in progress. She is seeking my details under section 24.

My questions.

1. If maintenance is set under 125, why family court is considering section 24 and asking to file affidavit.

2. What could be the best course of action now. To speed up false 498a or fight for divorce first.

3. Any other point.



Learning

 10 Replies

Dr J C Vashista (Advocate)     29 March 2014

1. The court will consider both the cases before passing any order.

2. Contest both simultaneously as 498 A is a state case, where you have no option.

3. Be in contact with your lawyer

T. Kalaiselvan, Advocate (Advocate)     29 March 2014

Your present situation is that you have no other choice than to contest all the cases on merits, please be in touch with your layer and proceed as per his advise.

Reformist !!! (Other)     31 March 2014

1. If maintenance is set under 125, why family court is considering section 24 and asking to file affidavit.

>>> Try to transfer the cases in same court i.e. same judge.....so that he passes order only in 1 case as maintenance is provided only in 1 case...

 

2. What could be the best course of action now. To speed up false 498a or fight for divorce first.

>>> Try speeding up your 498a, well divorce is hardly given to husband, i am not demotivating u bt keep ur evidences ready ...

 

3. Any other point.

Biswanath Roy (Advocate)     31 March 2014

Fight against sec.498A IPC first and then take care of Divorce.

pank (none)     01 April 2014

To Reformist,

1.For point 1, delima is both cases are under same court/judge...he asked us to file the reply for review petition where he should have asked to dismiss the review petition and sec 24.

Reformist !!! (Other)     01 April 2014

Do not worry. File WS and fight it on merits. Judge will not pass maintenance in both cases. He will pass it in 1 case only ...

DEEPA PATIL (STUDENT)     02 April 2014

Hi.

My father in law always mentally tortures me as his sister daughter (my babhi) is married to my brother . she is very cruel dont look after my dad & mother & fights with my brother for petty issues. And whenever she fights she calls up my father in law who is her Mama crying getting sympathy that my brother is bad & torturing her. In turn my Father in law tortures me by yelling & abusing about my father mother  & brother . I am always silent hearing all this i get mentally disturbed. When i discuss this with my husband & requests him to  tell his father why he is scolding me for no reason of mine. He says to be silent & listen & let go. As this will destroy relationship between both the houses.

But now i cant take any more this has happened several times. I want suggestions from you what to do. As my husband is alone child of there he will not separate his father & mom from us. i am studying doing my CA final not financially independent & have one 1 yr old kid.

How can i face the situation without getting mentally harassed as i have to concentrate on my studies also?

DEEPA PATIL (STUDENT)     02 April 2014

Hi.

My father in law always mentally tortures me as his sister daughter (my babhi) is married to my brother . she is very cruel dont look after my dad & mother & fights with my brother for petty issues. And whenever she fights she calls up my father in law who is her Mama crying getting sympathy that my brother is bad & torturing her. In turn my Father in law tortures me by yelling & abusing about my father mother  & brother . I am always silent hearing all this i get mentally disturbed. When i discuss this with my husband & requests him to  tell his father why he is scolding me for no reason of mine. He says to be silent & listen & let go. As this will destroy relationship between both the houses.

But now i cant take any more this has happened several times. I want suggestions from you what to do. As my husband is alone child of there he will not separate his father & mom from us. i am studying doing my CA final not financially independent & have one 1 yr old kid.

How can i face the situation without getting mentally harassed as i have to concentrate on my studies also?

Prasenjit De (Unemployed)     19 May 2014

I think,intially you lost out on few grounds.You should have done Section-9 to safegaurd yourself and your parents and should have disowned yourself,as soon you found your wife has moved to CAW cell.I am too going through the same hell as yours....and i can understand your pain and trauma.

Have faith on God and rest all will be fine.......!!

Biswanath Roy (Advocate)     19 May 2014

@Deepa Patil,

Don't be sentimental ignore all abuses and harassment as if nothing has happened .  After few days you will find they will be tired and automatically stopped their ill behavior..


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