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Tanuj Agrawal (CA)     16 January 2012

Divorce / rcr / 498a / reconciliation

My close friend was married in 2008. In early 2011, he was blessed with a son. When the child was one and a half month old, parents of my friend's wife took the wife and child to their home for a week. After a week when my friend went to his in-laws house to take back his wife and son, his in-laws and wife refused to come back. They demanded and blackmailed my friend that he should stay separate from his parents only then his wife and son will come back. They also demanded heavy monthly sum for the wife expenditure. Reason given was pettly quarrels between my friend's family (esp. mother) and his wife.

More than nine months have passed away since my friend's wife left her house to stay with her parents. All efforts and meetings to reconcile resulted in no result. My friend also caught his wife recording the conversations on mobile during the meetings.

In the latest meetings, the behaviour of my friend's wife and her parents was very aggresive and rude and they ended the meeting by using bad language and open threating to spoil my friend and his parents life alongwith my friend's unmarried sister life. Wife also threatened that she will not give divorce easily.

My friend came to me and asked for my advice. He did not want to live with his blackmailer wife any more and is ready to face the musci. But simultaneously, he also want to safeguard his parents and family from evil deeds of his wife and her parents as they gave a open threating. The questions to be decided are :-

1) How my friend's family could be saved from the false case of 498A, if put by wife?

2) Should my friend apply for restituation of conjugal rights or apply for ex-parte divorce on the ground of cruelty? Whether he should take action first?

3) Is it still worthwhile to continue the reconciliation process?

4) What other suggestions / remedial measures I can suggest to my friend.



Learning

 15 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     16 January 2012

cleverly planeed RCR is solution.

Sanjeev (Lawyer)     16 January 2012

where does your friend and his wife belong too? If in Delhi the process will start from CAW cell so there would not be any immediate arrest that may happen.

Tanuj Agrawal (CA)     16 January 2012

Thanks a lot sir for replying but please elaborate in detail.

Tanuj Agrawal (CA)     16 January 2012

Case is of Jaipur.

Tanuj Agrawal (CA)     16 January 2012

Dear Mr. JSDN Advocate Defence,

In case of RCR the problem is that the wife will demand for separation (either separate residence or separate kitchen) of husband from his parents. Husband being the only son does not want to leave his old parents. Whether the Court will direct for separate residence unit / kitchen for wife or will direct the wife to stay with husband without separation of husband from his parents in case the husband applies for RCR.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     17 January 2012

Dear Mr. Tanuj Agarwal

according to your query, as per my opinion first of all send an application cum complaint with all the facts & circumstances to CJI, Human Rights commission of India, Chief Minister Of Rajasthan, & Mahila AAyog. after that filed a RCR before the court. start the proceeding before her.

feel free to call

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     17 January 2012

 

Even if a snake is not poisonous, it should pretend to be venomous."

Chanakya

POWER OF DEFENSE IS PERPETUAL, PLAY YOUR CARDS TACTFULLY, YOU CAN EXHAUST THE OPPONENT.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 January 2012

Why does not both families sit across and discuss the issues and find an amicable settlement.

 

Filing frivolous cases would just prolong the settlement.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Tanuj Agrawal (CA)     19 January 2012

Dear Mr. Shonee Kapoor Ji,

Meetings were held between the two families several times but all in vain. In the latest meeting my friend wife and her parents were very rude, abusive and arrogant. They gave open threatenings and used bad languages. I was also present at the meeting. Kindly advise so that I can help my friend out.


(Guest)

Did you recorded such meetings ?? This could help you in future ...

Tanuj Agrawal (CA)     19 January 2012

Yes recording was done.

1 Like

(Guest)

COLLECT ALL TYPE OF EVIDENCE AS THIS WILL HELP IN FUTURE.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 January 2012

Two options available.

 

Wait and Watch. How much is not known.

 

Start an action yourself.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Suhas Chougule (Director)     30 January 2012

Dear Mr. Tanuj,

When you accept a fact that you have done the recording of the meeting, how you can say that "wife of your friend was caught while recording the meeting". She has equal to record such meetings.


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