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Gautam (Engg)     10 March 2013

Live in relationship after divorce

Hello All,

My wife filed 498a last year against me and my parent. Now the matter between us is in process of settlement with one time XXX amount and Life time alimony to my daughter.

We have given mutual petition to family court and counseling report is also passed. She has also removed 498a by changing her statement in cross examination and removed all allegations against us. I will get judgment from court within next couple of days. Now final decree of divorce will be given on 15th of next month.

Now my wife is calling me and telling that she don’t want divorce and she also don’t want any money. She has changed her mind now. I told her that again in future you will file false 498a against me and my parent, how can I trust you.

With lots of conversation we came to the conclusion that.

In next month we will take divorce by mutual consent, I will give her XXX amount and start monthly alimony

After that we will again start living with each other (Live in Relationship) for next 6 month to 1 year.

If still clash between us occurs then we will separate without any legal process.

If no problem arises then we will again marry with each other.

Because of this she can’t file 498a on me and my parents.

What other cases she can file in future on me???

Is I am going on right path, or I am doing any mistake?

Please help

Thanks in advance

 

 

 



Learning

 26 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     10 March 2013

Dear Gautam

after Divorce she is not your wedded wife but she is live with you as live in relation so she has right to maintenace and she can file another case against you for maintenance if there is some dispute between you but she can not filed any criminal case u/s 498A of IPC against you and your family.

Domestic violence case can be file against you too.

 

Feel free to Call

 

Nadeem Qureshi (Advocate)

Chember No. D-720, Karkardooma Court, Delhi

email : nadeemqureshi1@gmail.com

web:    nadeemqureshi498a.webs.com

Mob: +91  9953809956

          +91 8802305262

2 Like

Gautam (Engg)     10 March 2013

Thanks for quick reply Mr Nadeem sir,

I am already giving her monthy maintenance and will continue the same even after divorce and during live in relationship, still she can file DV or Maintenance case??

 

Regards,

Gautam


(Guest)
Originally posted by : Gautam

Thanks for quick reply Mr Nadeem sir,

I am already giving her monthy maintenance and will continue the same even after divorce and during live in relationship, still she can file DV or Maintenance case??

 

Regards,

Gautam

 

Perhaps you went by the saying "a known devil is better than an unknown one"


She can file a case under DV even if you are paying her money [maintenance]

adv. rajeev ( rajoo ) (practicing advocate)     10 March 2013

If you are giving maintenance already then she cannot file another petition for maintenance.

1 Like

Gopal Arora (Engineer)     10 March 2013

Wondering why husband is ready to live with his ex-wife(soon to be), when she had filed 498A against him and his parents.

Does it mean that 498A was not a false case or husband has become so much tolerant they forgive wife, who filed false 498A?

Sanjeev (Lawyer)     10 March 2013

if you think the relation can work out than your decision is gud as if it works nothing better for the future of your daughter and ultimately you have to settle again so if you think that you can settle with your wife agin nothing wrong in it.

Gautam (Engg)     10 March 2013

Dear Gopal Arora,

                              Actually i am trying to give last chance to my wife without legal obstacle. Because she said that 498a was filed by her in pressure of relatives.

False 498a cannot be filed against me or my parent after divorce.

Domestic violence is also not an issue because i am already paying maintenance. If she really filled 498a by mistake then she will live with me peacefully.

We are taking divorce by mutual consent will not be disclosed to any of our relative. We will stay just like husband and wife. Only my parent and her parents know about this.

As i am having a 3 year old daughter so hoping that our relation will not break again

Thanks all for your valuable suggestion

Please correct me if I am wrong

Regards.

Gautam

Gopal Arora (Engineer)     10 March 2013

Dear Gautam

Your intentions are good. Since you are doing it for your daughter, I will request you to do it without any fear of misuse of law or false cases. When intentions are good then result will also be good.

I have very little knowledge of law. I have one question on your approach. What is the need of divorce if you both want to live as husband and wife? If I understand correctly, you are doing this just to protect protect yourselft and  parents against 498A. This may be a false protection.

In case, there is a problem after some time/years, then may be, she will not be able to file false 498A against you and parents. But there is a possibility that under the pressure of her relatives, she files case of rape or attempt to rape against you and your father. She may involve your mother as co-accused also. There are many other ways, where a corrupt lady can file criminal cases against any person. Then what will be the use of this MCD decree?

In my opinion, the solution is to make her realize that she filed a false criminal case against innocent people. She should have resolved civil dispute in a civil manner, but not by filing criminal cases. In my opinion, you should ask her to accept that she filed false criminal cases and seek apology in the presence of her and your relatives(not just parents, but other relatives also). In my view, it is a civil manner to correct the mistakes done earlier and to protect the future.

vijay (M)     10 March 2013

Frankly it is a big risk.  But you are the best judge.   Some ladies are hard-wired ultra feminists, for feminism means male bashing.  in that case you are doomed.

Gautam (Engg)     10 March 2013

Dear Gopal,

                    You are correct, but we are staying away from my parents. If she filed rape or any other case, then straight away i will leave her and fight case, if i not take MCD at the moment then in future i have to battle number of cases. Relative comes just to pour oil on fire, but no one comes when there is any criminal case goes on.

I already discussed with my wife that this is a last chance to save our relation. If she apologies in court then later on she may say the same thing that in pressure of husband relative i have given apologies statement.

As we will stay separately then there is less chance of parent name involvement in rape case, or any other case. I alone ready to fight any cases

But when parents name are involved, then it is very difficult to handle the situation.

Many women don’t know the side effect of 498a, Feminist do brainwashing of these ladies and they destroy their family with their own hand.

Thanks & Regards,

Gautam Kambe

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     10 March 2013

It is risk since though  she wants to amend but others will poke their noses.

 

Still no harm in giving a chance but first take a comprehensive mutal agreement recorded with witness so that no furture problem of criminal cases.

Gopal Arora (Engineer)     10 March 2013

I thought involment of reletives will help you to understand her sincerity towards relation. If she is sincere then she will apologize and promise to not to repeat in future. From your side, involve those relatives, who will be ready to come to court as witness (if something goes wrong in future).

Please try to address the root cause of the problem and live life without fear. MCD and then live-in relation ship, just to avoid 498A seems to be wrong to me.

It is my personal opinion. Either live with her without getting MCD or get MCD and start with someone else. Why to have a trial period (live-in) and plan to re-marry the already known devil.

@Laxminarayan

Relatives are involved to get better unbiased resolution and to be witnesses in future. If a person wants his relatives to say whatever he says then he will consider relatives as poking their noses.

Manish Udar (www.Mehnat.IN)     10 March 2013

In live-in relationship she can file rape charges against you.

www.mehnat.in


(Guest)

Good Idea.

But

take an undertaking from her for live-in.


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