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Gagan   24 March 2017

Can wife file a false 498a & DVA after 6 months?

Hello, My parents in law took my wife for 2 days on the pretext of Bhaiya dooj last year. After 2 days, wife stopped taking calls/msgs. I called her eldest sister to ask what had happened. She said her sister isn't willing to come back as she says that I do not take her to her maternal home every 2 months, don't talk to her middle sister & her husband & all other flimsy excuses. Her middle sister, who herself got separated from get in-laws & staying in her maternal home with her husband & kids had a great influence on my wife & she tried to control even our personal decisions which affected our married life adversely. She was supported by her mother in all this. I resisted to their interference but they wouldn't change which resulted in altercation between me & my in laws & after few days they came & took her along with them on the pretext of celebrating bhaiya dooj which she also celebrates with her middle sister's kids as she didn't have a real brother. My wife was earning around 20K/month before marriage but left her job just before marriage & her parents are also seeking that compensation. Now she puts her pictures on facebook partying with her sisters & her das says that she is in depression!! Now it's been almost 5 months. In between I talked to my wife somehow over the call & intentionally asked if there was any harassment or dowry issue to which she said no (this was recorded). But she remained adamant that she doesn't trust me when I tried to convince her of more frequent visits to her maternal place in future, etc. Now, last month, their family met ours & asked for out of court settlement amount of Rs. 25 lakhs which our family has denied. Now it's been a month since that meeting..my dad called hers to know their decision to which they started speaking ill of our family & said we have ruined their daughter's life & same will happen with my youngest sister,etc. My father said that we are ready to give their​ items & jewellery back at any time & can only afford to pay the difference amount of the wedding(from girl's side) & sagan ceremony(from boy's side) to which her father said that they are not beggars & disconnected the call. Can they file a false 498 & DVA even after 6 months of estrangement? Can they seek divorce in the absence of any solid ground? What legal actions can I take if I also don't wish to continue this relationship? Or shall I do nothing & wait for them to start?


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 6 Replies


(Guest)

Dear Gagan,

She can files lot more cases than these.  And they will be valid according to Law.  Dont worry.  Let them do what they want dont do anything other than sending a notice via a advocate asking her to return base within 1 month.  Do this much for your safety and also safety of your parents etc.

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1 Like

Gagan   24 March 2017

Is that a restitution of conjugal rights notice ? Though the chances that she would return are very bleak but what if she returns with some devilish tricks in her mind only to go back after creating tumult just to put some charges?

Gagan   24 March 2017

Thanks for the response :) Is that a restitution of conjugal rights notice ? Though the chances that she would return are very bleak but what if she returns with some devilish tricks in her mind only to go back after creating tumult just to put some charges? Regards

A walk alone (-)     24 March 2017

Let her do first whatever she want. Meanwhile you should yourself decide what you want divorce or to continue relationship? You can negotiation with her, if she agree then pay one time alimony and get rid of her forever. If she want she can file any case on you and your family. Be prepare once you send legal notice, she will file false cases on you and your family.

Gagan   25 March 2017

Thanks for all the replies!

Asgher Mahdi (Advocate & Legal Advisor)     27 March 2017

Best before you to safeguard your interest is serve a Legal Notice under restitution of conjugal rights then the rest of the matter be looked by the court.


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