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mayank verma (assistANT)     26 April 2014

Divorce and 498a

Hello Experts:

I wish to seek you kind opinion on divorce and dowry provisions.  The case is as follows:

1. Wife filed a 498a complaint against husband. Matter went to counceling centre and both husband and wife stated and signed in the counselling centre that they would like to resolve the issue through court.

2. Husband filed section 9 in the court of law for bring the wife back.

3. In court also wife accused husband of demanding dowry.

Now husband do not want to live with her and want to take the section 9 caseback  and file a divorce case on the basis of defaming the husband's family with wrong and baseless charges by wife.

what can be best stragety. Wether the husband should continue section 9 case and fight the issue in the court or should he take back the case and file divorce case. Can wife still can file 498a case against husband.

Awiating for your answers?

Mak....



Learning

 10 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     26 April 2014

Resolve dispute with mutual consent.. Even if u withdraw case of restitution, she can continue with 498a etc. if u file divorce case, still she can claim maintenance...
1 Like

laxmi kant joshi (instructor)     26 April 2014

if you had decided that you will not live with her , its your firm decision then don 't waste time on rcr withdraw it and file the divorce case u/s 13(i-a) of HMA , she can file 498A and maintenance case upon you .
1 Like

mahavir singh (ADVOCACY)     26 April 2014

Right advise is. 1. Take anticipatory bail in 498a 406 ipc. 2.file a divorce under section 13(1) for mutual divorce. 3. She also have right of maintenance in sec.125 crpc if she is not working. 4.she has a right to right to residence. For more call9910657998 mahavir singh advocate.
1 Like

mahavir singh (ADVOCACY)     26 April 2014

Right advise is. 1. Take anticipatory bail in 498a 406 ipc. 2.file a divorce under section 13(1) for mutual divorce. 3. She also have right of maintenance in sec.125 crpc if she is not working. 4.she has a right to right to residence. For more call9910657998 mahavir singh advocate.

laxmi kant joshi (instructor)     26 April 2014

As your498A case is on counselling stage , convince the officer that she had filed The case by malafide intention , give proof of your innocence show some photograph of your both attending a party or some outdoor photo with her which shows she was happy with you out of anger and on her ego she filed false case , try to dismiss her 498a application , no need to obtain anticipatory bail wait till counselling happened if the officer told you your counselling gets fail now I am sending back your file for registering FIR only then go for anticipatory bail otherwise not . if she asks her stridhan back u/s 406ipc return it back and take the receiving from her and atleast 2-3 witnesses and also the police io .
1 Like

satish bhaskar (Litigant)     27 April 2014

you are not living with her, due to mismatch, dowry cases mean end of sweet relations, you can file for divorce/live with a new woman, think of the future, all this will pass.

mayank verma (assistANT)     27 April 2014

Many thanks to all !


I have another query.  Our section 9 case is peinding and she has alleged many malafide allegations in writing against me and my family.  In counseling centre also she had done has same in writing. 

Now since the matter is sub-judice and we have not been speaking to each other since December 2013. Today she has suddenly started sending message to me that that she has urgent work and asking me to call her. 

My lawyer had advised me to not speak with her anymore.  What can be her intentions.  I am firm that we do not match and cannot live together.  After marraige we hardly stayed togetehr for 30 days in a span of 1.5 years. 
She is a working professional and earn a good amount.

Kindly suggest.

Thanks.

Mak......

satish bhaskar (Litigant)     27 April 2014

don't call the 498a filer person as your lawyer says, treat her as sweet enemy, just carry on as best your lives, with calm confidence.

satish bhaskar (Litigant)     27 April 2014

don't call the 498a filer person as your lawyer says, treat her as sweet enemy, just carry on as best your lives, with calm confidence.

1 Like

fight (personal)     28 April 2014

Take her calls, be very polite and be very careful as she may be recording it. If she agrees for mutual consent divorce without extortion then agree for it. No point wasting life in courts teaching each other lessons on morality.

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