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Sachin Kakirde (Not Working)     10 June 2010

Required help in 498a & DV

Dear All,

Two years ago my wife filed 498a, 406 & 34  against my family without any reason to just satisfy her ego. Meanwhile she discussed for Out of court settlement with huge amount which we denied and straight we asked for court to decide.

Yesterday, before court she expressed that she is ready to co-habit with me, now judge ask me for the same.

My questions :

1) If I don't want to co-habit what will be consequences?

2) What other options availbale for me?

 

SACHIN



Learning

 5 Replies

Legal Fighter (Advocate)     10 June 2010

If you don't want then straightway refuse as just because of some fear, you must not give your consent. Nothing will happen and the case will go on as usual.

You can say that because she had filed criminal case, you have already been harassed so you can't trust her and take her back. First she should give in writing that all cases were false and she won't put any false case in future. She won't agree to this and you can proceed.

Parth Chandra (none)     10 June 2010

Just don't take her back.....She have exauhasted with all her options and thats why ready to co-habit...don't get consued between exauhastance and love.....She is not coming back because she loves you or care about you...but because she has been suffocated now.

Tomorrow....she may rise again and file these devil laws against you again....You might have got bail this time....but everytime you may not be so lucky. So think 100 times....She has taken your precious 2 golden years and forced you to leave alone now its your turn to suffocate her till she begs you to give divorce.

She have got agreed to co-habit mean you have won the battle ... now its your turn to teach a lesson to her .. and let her feel the agony/uncertainity of future/lonelyness with HEAVY INTEREST.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     13 June 2010

Dear AUTHOR,

I do agree with the views of my Ld. friends. But if u want to resettle then after mediation don't close ur case file, make a request to the court that under the supervision u wants to check that both of u can live together or not. After living some time or the time given by the court If u think that every thing is opk now then u can withdraw the case.

suresh (hhh)     06 July 2010

If he says, he is not willing to live with her....then he has to give maintainence for her?????

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     02 September 2010

No, if the wife had left on her own account, the matrimonial home, then she is not entitled for maintenance: SC says. Moreover, if she has admitted in written any where like FIR & STATEMENTS UNDER SECTION 161 CR.P.C. THEN SHE IS LIABLE TO BE BOOKED UNDER SECTION 3 OF DOWRY PROHIBITION ACT. FOR FURTHER DETAILS U CAN CALL ME AT 9871158578


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