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Help to remove my wife from my house

Page no : 2

(Guest)

But Sudhir Ji, How can she leave with husband once she filed 498a case. Because 498a it self on cruelty....husband can protest on grounds of filing false 498a and she may claim more false allegations. 

Wht you mean to say....A women can file 498a one sided and she can come live with husband , in laws as her wish. Husband and in laws have no rights at all atleast to contest. 

 

What u r saying is hard to believe.

Sudhir Kumar, Advocate (Advocate)     25 January 2014

please refer to thread

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=94750&offset=1#.UuPFzPvhUsY

 

you have so far not stated that charges are false.


(Guest)

I had done a mistake. But my parents dont like to accept her back. 


(Guest)

sudhir ji, 

wife files false 498a cases and in turn she want to stay with husband again.........what are the pros and cons with it. how can husband should avoid stopping it

Sudhir Kumar, Advocate (Advocate)     26 January 2014

@needadviceon498a

 

I can understadn your worry

 

I repeated

 

No citizen can be compelled to face discomfort simply because he/she has taken shelter of law.

 

Filing 498a (till proved false) is not crime not it is cruelity.

 

In this case husband himself says he is guilty and he himself says that wife is wiling to take him back.

 

It appears that in all probability the doors of peace are not yet closed and he can regain his lost happiness but is prevented by his parents to be happy.  This sight is not rare in society. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     26 January 2014

Dear Mr. Ajay:

You are not coming out with full details. You and your wife were living together in a leased house. Then you moved to your “native home”. What was the reason for your moving to your “native home”? Are the places where you were living with your wife and your native home in the same place? If not, what is the distance between them?  When you moved to your native home, why did you not take your wife along? Why did you not allow your wife in your native home? If you do want her in your native home and you want her to leave the leased house, where shall she go? What you want to do amounts to throwing out your wife in the street. After her marriage the husband is the only person over whom she has claims for food,  clothing and shelter.

You are saying “But she never files false 498A case. I had made all the wrong.” Then you continue “My parents don’t want her back reason she has filed 498A case”.

One has to conclude from your statements above that your wife has filed a genuine 498A case and you were wrong. Under the circumstances the solution available to you is to personally meet your wife, tell her that you agree to stay with her as husband and wife either with your parents also or without them. She will understand that your suggestion is fair and in her best interests. If you are sent to jail under 498A, that will hurt her also equally. Rather she would withdraw 498A and stay with you happily and peacefully.

On the other hand, if you file for divorce and if you are granted divorce, then also you will have to give her a decent residence at your cost besides maintenance.

 

Neither you nor needadviceon498a are able to express yourself in understandable English.

1 Like

Sudhir Kumar, Advocate (Advocate)     26 January 2014

I tend to agree with Dr Ramani.

 

However I do not agree to the views of Dt Ramani that "Neither you nor needadviceon498a are able to express yourself in understandable English."

 

actually the queriest, with wahtever amount of English he knows has already clearly expressed that his family is perhaps  the materail model considering whom strcit lasws Like  498a, Domestic Violence etc are framed.

 

He says that But she never files false 498A case. I had made all the wrong.” This way he admits he is rightly alleged of dowry demand and yet wants his wife to suffer for having made complaint.

he doe snot elaborate whether he alone or his parents are also guilty.

1 Like

(Guest)

Thanks for all of  your valuable replies. 

 

My parents dont like to accept her, they say If we accept and after comming back she will thretend saying this again, or will never respect us. 

My lawyer told that he can figjt in this case and prove that all her statement are false and win the case in my side not to worry, but i am worried will it come out well?

If she files DV case what i can do?

If i file for divorce can i can get it soon?

How to avoid my wife enter my native home?(my parents and me live in native home, as a reason worked in bangalore me and my wife took a lease house and stayed there, now she not leaving the home.

 

 

 


(Guest)

I dont agree with RAMANI

Under the circumstances the solution available to you is to personally meet your wife, tell her that you agree to stay with her as husband and wife either with your parents also or without them. She will understand that your suggestion is fair and in her best interests. If you are sent to jail under 498A, that will hurt her also equally. Rather she would withdraw 498A and stay with you happily and peacefully.

Ramani i dont understand how you could say this. So some one can blackmail filing false 498a to make their wishes and demands fullfil. Your suggestion is completely baseless. If this is how everything works it is as good as killing someone. Filing criminal complaints against to satisfy her demands is cruel, irrespective whoever it is ajay or me or you. These days everyone using it as weapon to blackmail husband and in laws. Is it something wrong if wife has to shown some respect to husbands parents. whats wrong in it. if not she who will then? 

coming to ur suggestion that he should provide house and all necessities ?? I think in this modern era where women compete with men. And you suggest it is good way to make women home by putting false claims. I think these should be contested. People like you who educated should rethink. So sorry people instead of condemning or looking into facts, just simply saying its easy way to cope with earnings by blackmails. 

Q Slinger (NA)     26 January 2014

dear needadviceon498a!! Which weird world are you living man??? Ajay is going to his wife and explain the situation and she will understand???? Are you joking? Why don't u go to ur wife and ask her to take back the 498a case!!!??? If Ajay's wife was an understanding person, she would not have filed a false 498a to begin with.


You are full of bad advice, so stop confusing the situation and Ajay!


As per the suggestions, I agree with Ramani except the "bad english part" . Ramani, a person with a Phd, I thought you would be more understanding. A person with Phd ought to have the knowledge that not everyone in this country gets a good education or can afford one. You are being a total ass by beating down on a person who is seeking help. Shame on you!

 

Ajay Sudhir Kumar is right! Listen to him.

Sudhir Kumar, Advocate (Advocate)     26 January 2014

needadviceon498a
 has observed that "

the solution available to you is to personally meet your wife, tell her that you agree to stay with her as husband and wife either with your parents also or without them. She will understand that your suggestion is fair and in her best interests. If you are sent to jail under 498A, that will hurt her also equally. Rather she would withdraw 498A and stay with you happily and peacefully."

I tend to agree.

 

The querist has also said that wife is willing to live with him if he changes.  He has also said that charges against him are not false.

 

He yet to spoil his life beyond repair.  He can regain his happy life back by changing his ways.as advised above.

2 Like

(Guest)

Thanks for all of  your valuable replies. 

 

My parents dont like to accept her, they say If we accept and after comming back she will thretend saying this again, or will never respect us. 

My lawyer told that he can figjt in this case and prove that all her statement are false and win the case in my side not to worry, but i am worried will it come out well?

If she files DV case what i can do?

If i file for divorce can i can get it soon?

How to avoid my wife enter my native home?(my parents and me live in native home, as a reason worked in bangalore me and my wife took a lease house and stayed there, now she not leaving the home.

Q Slinger (NA)     27 January 2014

Ajay please go join you local Save Indian Family Foundation Chapter in your city and seek moral and legal guidance. I think it would be the quickest way you can get your answers

 

https://www.savefamily.in/helpline

https://mynation.net/contact-us/

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     27 January 2014

Mr. Sudhir Kumar has answered both needadviceon498a  and Q Singer.

Dear Mr. Ajay:

I am sorry to say that you are still not coming out with all the details. Why is it that your parents do not want to accept her?  Was yours a love marriage against the wishes of your parents? Have you, your wife and your parents ever lived under the same roof, either in your leased house or at your native place? If so, how long?

How was the relationship between your wife and your mother and also between your wife and your father? Have you ever tried to find out who was wrong, your wife or your parents? Was it because of this domestic problem that your parents left for the native place? Was it this that made your wife file case under 498A? Abandoning one's wife is not like throwing away one's shirt,  because you did not like or your parents did not like. If you abandon your wife it will hurt you more than it will hurt your parents. Parents will pass away in say 15 or 20 years. Your wife has to be your lifetime partner. A divorced or widowed husband is a miserable spectacle. No "A" class or even "B" class girls will marry him. He will have to settle for a "C" or "D" class girl. Remaining unmarried is even worse. You will realise it when you get old. 


(Guest)

Ajay.......U r only making ur situation more worst. U have to come to a conclusion whether u want to be with ur wife or not. then it is appropriate to think about cases like DV. 

At one side u r saying u want ur wife and also u want to know about this cases, so peculiar.

I dont agree with Ramani categorizing women in classes. Ramani no man wants to stay without married , it doesnt mean that he should bear threats and blackmails as u suggesting. Your weird explaination about marriage it is blunt. How could you categorise women A B C D classes. You are taking his situation in a different aspects which is not at all. It is wifes responsibility to respect parents also. 

 


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