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Nitin (Project manager)     29 September 2010

Experience for taking 498a wife back

Require valuable experience regarding 498a wife back to life.

1.During mediation of DV Case , From my wife side Lawyer suggested a model that try to live couple of weeks if success move to couple of months and then decide if still probs are there. Then come to courts and say whether you want to countinue or not?
Then all such cases will get start like Dv act 2005 and 498a. For that period it will be in hang state.

2. Can 498a will be hang or we need to quash the same in HC or any other provision before starting the above model. Still 498a is in investigation mode in PS Nanak Pura.

3. Terms and conditions state that during this period any harm or injuries to her during the period i am not responsible at all and court will give the same in written by her approval. This assumption is poosible or not or they are traping me.

4. Is there is any Trap to catch me. As till date they are not having much evidences and proofs. As she has used all her ammuniations which she and her lawyer can use. Apart from this nothing is left in her hand only Compromise.

5. I am still counfused and not able to decide what decision will help me. But she is not ready to give me divorce as she has made clear in the meetings and she is keen to fight the cases.

Looking every member advice and lawyers inputs on this querry are most welcome.
 



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Nitin Kumar



Learning

 7 Replies

CommonMann (Software Professional)     29 September 2010

Nitin,

Its individual choice whether he wants to get 498a wife back or not. This depends how much you love her or she loves you. Bcoz she might have file case in the influence of her parents and relatives. So you have to judge it. Personally I am also victim of this and I have not taken my wife back as I dont want to give her and her dear ones another chance. If you really want her back ask her to withdraw all her cases like 498a, DV ect etc. And 498A can be quashed by high court or she can give her bayan(words) in front of court that the allegations made against you are false, then also these cases can be dismissed. And if you really want to fight the case, then you must be ready for wasting your 4-5 years in court hearings, but you will surely win. But if you want to leave her and then ask some mediator to sit and settle down the cases. You might have to give some lumpsum amount as a part of settlement as per your convienience.  s per my experience there is nothing in courts for matrimonial disputes. Evryone in judicial system is there to eat your money. Choice is yours.

Cheers

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     29 September 2010

All lawyers are not free to make their open comments over your personal problem but obtain advice of only one or maximum a few lawyers of your belief and strictly act accordingly.

 

So far as compromise and its contents are concerned, it is not bad and every couple should try its best to reside and rejoin with each other and it is not bad idea to defer the cases till you both reside peacefully and after some time, if you reunite completely, to take back those cases and if same problem consists then to re-start those pending cases. There is no need to get the FIR quashed from High Court prior to implement the aforesaid compromise.

the sole an basic requirement in married life is faith in each other. If we all the time remain suspecting other partner then we may never reach to the sense of compromise and such agreement/compromise shall be a futile excercise. Even if your wife has no evidence against you and she or her counsel have become unsuccesful to harm you even then this is not a proper time to chase them and use bitter language against them. It is a good time to take benefit of the situation for the betterment of a married life. Superiority complex is a dreaded weapon which ultimately harms the person holding it so be lenient and move ahead as a real faithful and honest husband and I am sure you shall get similar response after some time from your life partner. You have not written about your child/children. If you have then it is your utmost responsibility to provide them their real mother as they need her for their proper development and growth.

1 Like

Nitin (Project manager)     29 September 2010

Thanks Raj and Hora.

1.Giving second chance to my own life and wife .. will you please help me that what all conditions and terms i will put in the order of Mediations Report so that Harm will be Zero.

2. If again she creates drama and trap me and family in such similar cases. Wil harm potential will be high or less?

3. No wedlock is there.

4. I had not lived or spend much time with my wife so i had NO idea that whether she behaves me in a proper manner or she traps me in another cases.

5. Do i make something in Terms and Conditions that if Child born then she would have no right to take her in case of any issues. I am bit nerved in this point. I am guessing that if child born she lives with her parent and enjoy the maintaince.

6. Gravity of the cases filled after compromise deed is high or low?

Thanks

 


(Guest)
Hi Nitin, Please go through the following link: https://www.lawyersclubindia.com/forum/Husband-shall-take-498A-wife-back--24109.asp

P.C.gupta (Manager)     29 September 2010

Nitin.

 The link given by  "cool" is the best example.You will be in many traps.But you can fallow raj sir suggestion if u r having kids other wise no need.If u realy love ur wife and in good faith then go for "restitution for conjugal rights" petition in proper way.

Thanks.

Nitin (Project manager)     30 September 2010

Thanks now understand very well that taking back will create lot many harms to life.

1. But whereas restitution for conjugal rights petetion will work in such cases. If i go in proper channel.

2. There I can  mentioned all the Terms and conditions then after that it will not harm more in future.

3. Is Really Section 9 is usefull? This covers all the gaps which are not covered in our MoU during Mediations.1

Jamai Of Law (propra)     01 October 2010

I am utterly surprised by your post...............I just couldn't believe it at once.............anyways..............there is nothing impossible in this world!...........

The text in blue is my take after reading your post.

 

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Require valuable experience regarding 498a wife back to life.

1.During mediation of DV Case , From my wife side Lawyer suggested a model (?? unbelievable. A wronged spouse going there to live with alleged guilty party itself dampens the claim of the wronged party. At least a Lawyer wudn't suggest such things. Lawyers are a significant contributors to legal eco-system.... nobody can blame them for any tactics whatsoever....Whether  bad or good this is what it is)  that try to live couple of weeks if success move to couple of months and then decide if still probs are there. Then come to courts and say whether you want to countinue or not?
Then all such cases will get start like Dv act 2005 and 498a. For that period it will be in hang state. (?? )

2. Can 498a will be hang or we need to quash the same in HC or any other provision before starting the above model. Still 498a is in investigation mode in PS Nanak Pura.

3. Terms and conditions state that during this period any harm or injuries to her during the period i am not responsible at all (I feel this is all apparently your brain child..... Think for a moment ............that you are a father of a daughter and your son-in-law puts such demand in front you during such negotiations that.....send your daughter back ...but don't blame me if  something   $%&   happens.......huuuh!!) and court will give the same in written by her approval. This assumption is poosible or not or they are traping me. (They are not trapping but probably you checking if such kind of demand from your side wud look outrageous...it is outrageous!! )

4. Is there is any Trap to catch me. As till date they are not having much evidences and proofs. As she has used all her ammuniations which she and her lawyer can use. Apart from this nothing is left in her hand only Compromise. ( It's evident that to save from 498a and dv you are willing to reconcile....but the bond of trust and faith is already broken and foundation is shaken.........)

5. I am still counfused and not able to decide what decision will help me. But she is not ready to give me divorce as she has made clear in the meetings and she is keen to fight the cases. ('She is keen to fight the cases' tells the whole story what you are going thru. Just get out of this mess ................write it off as a lesson in life.........move on ............time delay is going to make more harm to you than solace from  'collateral damage.........' it's like a swing of pendulum in one direction...but it does go to other direction also and it has to ...unstoppable......so bringing it to standstill is the only way out........write it off as a lesson in life)

 

Looking every member advice and lawyers inputs on this querry are most welcome.

 



 


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