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Abhishek (Professional)     27 July 2013

Hindu marriage act and 498a reply

History:
Married for 4 years.
Stayed together: 2 years
Statying seperately since: 1 and half  year.
Reason: Since marriage my wife is not willing to be good with my parents and she with her parents influence tried all possible ways to make be seperated with my parents.
Now she is working in other city and dont want to come to me.
 
I  have sent a noice : restitution of conjugal rights asking her to join me in ten days.
 
Reply:
It is false to allege that my client went her parents house voluntarily with her consent.
After marriage your client never allow to join with you and you harassed my client for additional dowry and beat my client with black and blue for 
unnecessary reasons.My client tolerated the same that her parents are hail from poor family.
Your client intentionally neck on my client from matrimonial home.
My client parents given sufficient dowry as per demand of your client and his parents. But your client not satisfied for the same and harassing her mentally and physically for additional dowry.
Your client and his mother harassing my client mentally physically for additional dowry. That my client and his mother so many times beat my client for petty reasons.
Therefore I here call upon you to advice your client not to proceed with any speculative proceedings in consequent to the above cited reference against my client. Even after this reply if your client chooses upon initiating any proceedings against my clients shall be constrained to resist the same and your client shall be held responsible for all the costs and consequences incidental thereto including compensation.
 
======================
 
My Lawyer called for concelling aog with her lawer:
 
Her demands:
 
1.I will come to you  if I get the job only or you  have to search a job and move to my place.
2.She is not willing to talk to my parents till she is ok. 
==============
Her lawyer was asking for one more counselling  . But I refused saying this is the 4th time and its enough for me.
 
Then after 2 months also she didn't get job here, ask her to decide about marital life is important or job .
 
I also told that I am not opposing her to do job, it was almost one and half year we were living separately. So we have to decide.
 
Need your suggestion on how to proceed after 2 months.

I am sure she will not come to me. So can I approach the court saying all these are false allegations and she is not willing to come and continue with me. If they ask for the compensation how much she may ask. Is it a wise thing if I cannot approach the court even if they wont come back ? I am really confused, please help.

What steps I need to take and what could be the consequences.


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 1 Replies

Sudhir Kumar, Advocate (Advocate)     27 July 2013

things would not have been so ugly if you  had not employer lawyers at this stage.  He demand appears not to be very unreasonable.  She is simply asking to reside seperately adn there is nothing unsual.  This goes without saying that rightly or wrongly she is not able to adjust with your parents.  It matters little who is wrong she or they. kharbooja churi par gire ya churi kharbooke par.

 

still you  do not appear to have lost ways of peaceful settlement because basically you agree to one point that meeting certain contitions you want to live togather.


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