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Kishore Malhotra (Govt Job)     02 November 2016

Matrimonial dispute

Dear Sir

My friend is an employee in the para military forces, married in Mar 2007 and survived with 02 kids aged 7 and 5 yrs as on dt. After living together for abt 6 yrs in a pathetic condition, and keeping in view never ending compromising situation he tried to end his life by committing suicide on 16 Oct 13 by cuting his wrist veins, bt some how he saved by timely evacuation to hospital.

Both husband and wife alongwith children were living in a govt accommodation alongwith kids when this happened.  Rather to ask for the well being of her husband by wife, she left the location with kids and valuables to her maternal home and filed a case under 125 CRPC in Oct 2013.

After discharging from hospital, man tried to discuss the issue through Panchayat & CAW cell, but all vain...the respondent never come forward for conclusion.

laterly, he filed child custody under GWA act and case under Sec 9.  After one year, making all efforts to bring her back, case of Sec 9 was withdrawn and filed contested Divorce case.

Court granted interim maintnance both under 125 and Divorce Case.  But payment is being made under 125 CRPC.

Now after three years of their separation his wife filed another case under 498A and DV act accsuing all his family members living separately.

 

My question is :-

i) as on today, after 9 years of marriage and 3 years of separation from husband, can wife files a case under 498A or DV act ?

ii) If so what would be the effect of this on other family members living separately from my friend and serving somewhere else. ?

in anticipation of quick response please.

Kishore

 



Learning

 3 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     02 November 2016

Sir, 

 

Please share the contents of the complaint to ascertain the truth from the contents of the FIR, if required he needs to take the AB. 

 

https://kapilchandnaadvocate.wordpress.com/

Warm Regards 

Kapil Chandna Advocate 

9899011450

 

saravanan s (legal advisor)     02 November 2016

  • there is a judgement by the bombay high court that dv cant be filed after one year of seperation.
  • 498a is a continuing offence and so it can be filed even after years of seperation 

Mahesh   02 November 2016

Dear All,
I requested to you read full , give me appropriate solution ......
we married on 22 Feb 2015 on second day of marriage she is going to home for 2-3 days, on date of 25 Feb 2015 my family member and me going to my wife home for taking back.
1. first incident happen at that night, my father , mother and me , we go there [wife house] they treating my family like harmfully, we dont know why they treated me and my family like this, at night 11 clock including my wife father , mother , brother ,elder sister and elder sister father in law and husband pressure me write on 100 rupees stamp paper , while i ask them why should i do then they think you have write some 10 to 11 points here , the points such that A] if she want to live at her father home you dont have any problem. B] if she doing any mistake you take whole responsibility for that etc . me and my family not acceptable for writing those points.
they all are mentally torchar me, i dont know y this people behave like me including my wife also support all this situation she also want same .finally at mid night 12 clock my family request her parents , at 12 clock we take it home back with my wife because she ready to come with me, i dont know why she ready come back again happening such matter. i dont know what she things at that time.
2. when we come back home with my wife , after that 6-7 days she stay in my family , i am working with MNC company and my location is goa. so on date on 6th march 2015 we going to goa , she bahviour changes she not talking with me friendly as wife , our partner relation is so bad, she fighting with me on every issue like physical relationship etc i was in full mental pressure by her behavior, she talk me as lie like not trusted and not interested in whole 18 days , after that 28th march 2015, my wife brother come at goa to take her back at home , i will told my to go at my parents house its only 20 minutes from her parents house, but she not doing that and she go to his father house. after that i am calling her tell her to go there but she told me i m not interested , when i was calling her she used bad word in marathi language.
3. days are passed in may  2015 i come at my native place and going my wife home for taking her back to home, but my wife father and all family members including above list again pressure me 
for writing on stamp paper , again i said no, i dont like your family behavior. 
4. they put case against me in "MAHILA AAYOG " mahila aayog given me date for present there, on date mahila aayog discussion they aks me reverse question "WHY YOU NOT TAKE YOUR WIFE AT HOME ?  i explain all matter how they pressure me from 1st date of marriage, how they my wife harass me on physical and mentally relationship and using bad words by her family members. but dont listen any things , they only ask me 1 question "YOU TAKE YOUR WIFE BACK"
I told all people in mahila aayog she is lie , really she is not interested if she interested then y she go for last 6 month in her father house why she not come in my house, finally they give letter to my father in law for going file a case against me.
5. after 10 days they file case 498/A section against me and family members its about dowry case,
real thing is that i will not take a single 1 rupees from her site..

without any reason they people harrss me and my family ,although they also put case of 498 against me , i attain last 6 dates at court , i dont know what to do ??  from last 18 month i m in mentally stress , i know she want come return at me but i am not trusted already frustration in such situation., 

i know when case stand again she told in court to i want to go at husband house, but really i dont want again her, because in future again she play such game with after child with supporting by her father.

i m in mentally stress and frustration kindly please suggest me what i do in such situation i am ready for divorce , what i do next step for separation, if last time when i told them for separation then they fight with me and told me give 10 lakh rupees . Please Please suggest me what i do , because such thing first time happen in with my whole family , can you suggest how i get divorce form her , any other option for avoiding this mental pressure from there family
if she come by court if court force me to get back her with you,,,,,,then what i do,,,,,,,,,,,because i know she not stay with me for long life again doing same thing with me in future

Please  Sir/ Madma suggest .................


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