pallavi (Engineer) 11 March 2014

A wife need help

I gone through forum and found every husband is asking queries for false dv case and 498.But if a wife is really suffered has true cases nobody has asked .I have filed DV case against my husband and his family .Got married since last 2 yrs and have a kid .before marrige and even after marrige my inalws and specially my sis-in law(married three times, third husband does not know about her two past husbands , full family lies about that ) tortured me physically and mentally a lot for money.i am earning well and everybody was asking for my salary , including my husband.I thought things will go smoother as i got preganant but they were worst.My inlaws treated my family also in very bad way .i got seperated during preganancyand for almost 1 yr i was with my parents . even after informing about child birth husband or his family did not return to see, tried all ways to patch up nothing worked out.They took all my gold my clothes and did not return to me.After long waiting i filed case for settlement but my husband replied with notice when i filed he DV , he started convincing me to come back .I again got ready because i think he now knows that they can be arrested also if i file 498 as i hv sufficient proofs and bit changes i saw , we r going to live seperate from in laws .Now he wants me to withdraw my cases .as his condition is to withdraw cases.My question is if i withdraw and some time later if i found some probelm wil i be able to file DV again or will it be weak , what about 498 can i file agaist everybody in future if needed.I want to work out on this relation for one last time . do i really need to work out ? i am in confusion. Please help

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3 Replies

Samir N (General Queries) (Business) 11 March 2014

I sympathize with you as you have a kid.

Unfortunately your situation is not exactly unique. This happens all the time. Case is filed and the adverse party tries to patch things up with the condition that the cases be withdrawn. You need to know that once a party does so and starts co-habiting and having physical relationship again, all past acts are deemed condoned and you are on a very weak footing thereafter. You will NOT be able to use those past acts as grounds for seeking any relief ever again. Your future filings can only have new acts, facts, allegations, etc. That's the legal advise.

On a practical note, when you file a legal case, you kill a relationship so a legal case should be filed only after a irreversible decision is made to separate. After that it is just a set of manipulations to out-smart the other party as the trust factor is non-existent.

Saurav (Engineer) 15 March 2014

I am no lawyer just ordinary Indian citizen. My advice is that Marriage is based on trust , mutual respect and mutual understanding. In this case your hubby looks to be manipulative person....if you withdraw cases against him then you risk future abuses from him/his family and whats more you would have few legal options left in the future then.

In think for the immediate concern you should be worried about your son. Try to see how you can pay for his education and welfare...if you are educated then you can work or if your family is having some property then they can transfer it to your name and you can get rent etc from that property...You can also consider marrying again but make sure the person is proper.....all these are risks i know but they are worth taking considering your former hubby is not worth to go back.