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enthu (HR Ex)     12 March 2013

Please advise - 498a + contested divorce

Hey, This is my second post.

 

Me and my wife applied for MCD after one year of marriage due to incompability. Her father's made her to withdrew the MCD application when it was in the 'SR NO Stage' ( petition No was not allocated). Later they filed a false 498a and 406 on me stating I and my family forced her to sign divorce application and MOU. They also mentioned in FIR that we forced her for abortion. Where it was a mutual agreement to abort as we din't want to live together.

After 498a FIR was filed, I was called in womens cell and her lawer asked my to sign a new MOU and pay 25 lakhs initially and she came down to 10 lakhs.Inability to pay that money, I got remanded and came out on AB and also my whole family got AB after 10 days.

After a month I filed for a contested divorce on Mental Creuilty grounds. I also have a letter from my wife apologing for abusing my parents in foul language and another undertaking letter from her father apologising for her daughters behaviour.

Charge sheet is not made for 498a yet. Her father has made a few attempts through common relatives to get my wife back to my home and me and my family is absolutly not ready to do that.

My first date in the court for contested divorce on Apr 9. I really need to get rid of this 498a bi*** and her father is trying hard to get her back in my life. 

My questions are: 

How can I restrict her entry to my home? My mom owns the house.

What happens on first day of appearence in the family court?

How do I handle this best?  What do I say on the first day?? I am very firm to get divorce from this 498 Bi****.

Experts please reply! Thanks, Worried...

 

 



Learning

 26 Replies

Manish Udar (www.Mehnat.IN)     12 March 2013

Let your mother file a suit for permanent injunction restraining her and her family members from entering her property. You have to say nothing on the first day, your lawyer will do the talking.

www.mehnat.in

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     12 March 2013

 If you file divorce for cruelty ground it would be contensted one, so no waiting period, the moment decree awarded you are free.

1 Like

enthu (HR Ex)     14 March 2013

Thanks Manish Sir and Rama chary Sir for your advise.

 

Manish Sir, I am presently living with my parent and the house is owned my mom as i mentioned.

What if she files DV with right to residence?? how can I stop her entering my house?? and How can I avoid her living with me?? The reason I am so particular of not living with her is because she can do anything to get me or my family stuck in any criminal cases.

Manish Udar (www.Mehnat.IN)     14 March 2013

The permanent injunction will stop her and her family from entering your mother's house.

False Accusations by Wife

1 Like

kuldeep (engineer)     15 March 2013

Hello Manish Sir. I was reading your articles. I want to thank you for such informative articles. I have one question regd PWDVA 2006. You have said in the article " This Act also allows action against daughters-in-law by mother-in-law also”. Do you know of such cases? If yes, can you please give the links here? Thanks.

enthu (HR Ex)     16 March 2013

Thanks Manish Sir, I have an apprehension that my wife's father will try to enter my house with my wife and leave her at my place. I understand that my mother can file a suit of injunction that you have mentioned above.

Do you advise me to wait till they file DV and protection that gives women right to enter matrimonial home and apply for injunction?? Or just make my mom to apply straight away as a proctive measure??

Manish Udar (www.Mehnat.IN)     16 March 2013

It is a proactive measure as far as I am aware.

enthu (HR Ex)     16 March 2013

Beautiful Post Manish Sir reg false accusuations of wife..

Manish Udar (www.Mehnat.IN)     16 March 2013

If you like it then kindly share it on your facebook page or on any other website to which you have access.

1 Like

Madhu ojha (Orthopedic surgeon)     18 March 2013

U have mentioned beautiful post manish sir. Pl send me the copy of that post to my email address drmmo50@yahoo.com thank u in advance Dr Oza

Madhu ojha (Orthopedic surgeon)     18 March 2013

U have mentioned Hello Manish Sir. I was reading your articles. I want to thank you for such informative articles.. Pl send me the copy of that article to my email address drmmo50@yahoo.com thank u in advance Dr Oza  

Further for yr apprehension of DVA application, Ur mother has to publicize in news paper that u are totally separated from her U have no connection with her U r living separately else where Such declaration in news paper and copy of this public notice to be sent to her by rgd post This will prevent her from coming to yr home There is a judgement also of SC that she cannot enter the house owned by ur mother If u show on record that u dont live with ur mother and have no connection then she cant do any thing to enter ur mother's home We have done like this in case of my nephew

1 Like

Manish Udar (www.Mehnat.IN)     18 March 2013

No it is not necessary for your mother to disown you in a newspaper as far as I know.

thanks Dr, Oza for appreciation, unfortunately I do not have a policy of sending copies of my articles by email.

1 Like

rajiv_lodha (zz)     18 March 2013

Originally posted by : Madhu ojha

U have mentioned Hello Manish Sir. I was reading your articles. I want to thank you for such informative articles.. Pl send me the copy of that article to my email address drmmo50@yahoo.com thank u in advance Dr Oza  

Further for yr apprehension of DVA application, Ur mother has to publicize in news paper that u are totally separated from her U have no connection with her U r living separately else where Such declaration in news paper and copy of this public notice to be sent to her by rgd post This will prevent her from coming to yr home There is a judgement also of SC that she cannot enter the house owned by ur mother If u show on record that u dont live with ur mother and have no connection then she cant do any thing to enter ur mother's home We have done like this in case of my nephew

@ Ojha!

there is a catch. when the couple separated, if the wife was residing in that shared household which is self acquired by MIL, even then this wife wil get RESIDENTIAL RIGHTS there. So 2 conditions are there:

Self purchased property by MIL/FIL

Couple was not residing at that place the day they separated.

1 Like

Manish Udar (www.Mehnat.IN)     18 March 2013

@rajiv_lodha So husband and wife are living together in husband's mother's house, and one day wife left and went to her parents' house (which is the same as saying that the couple separated on that day). According to you, wife can get the right to come back and live in the mother's house?

1 Like

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