Thank you Baharat sir for your reply. Can she file false 498a against me? I have read that girls parents can also file 498a against me is this true or only girl(wife)has power to file 498a?.Is there any punishment for wife who files false 498a?
Theoritically, section 498-A can be filed. It can be filed even by her parents. But the case will not succeed without her statements as she is the material witness. There is no punishment as such for filing 498-A. But, if the husband will be acquitted in certain cirumstances, husband can file defamation case and / or malprosecution case against the complainant.
As per new circular arrest will be the last option in 498a but i want to ask u if she complaint false 498a will police come and arrest me or new circular is already came into force?
Section 498-A complaint will not allow the police to register FIR instantly as it is matrimonial offence and as such mediation / conciliation is the first step. Failure of that results to registration of FIR and at that juncture, you have to go for anticipatory bail/ regular bail.
What will happen if my wife says in court she dont wont divorce and want to stay with me? The girl is not communicating from last 10 months and leaving sepereately. When we talked to her parents that should we try fordivorce they say we dont want divorce and they had married their daughter with me to stay and they dont want divorce but on other end she is not staying and communicating so what will court do in such situation?
Just saying is not enough, but she has to prove actually what she is saying. She must say in clear cut terms that she wants to stay and realyy stay with you. If you do not want her to stay with you, you have to show the court the grounds of cruelty to decline her request.
If we ask the girl to give in writing before the court that she will not run away again from house and she will behave properlydo court allow such things?
Such conditions, court will not allow you to put nor she will abide to such conditions. By refusing to accept such unreasonable conditions, she will not attract any adverse attitude from the court. She simply says in the court that she has neither run away not behaved improperly and the cirucmstances created by husband forced her to stay away from him. Prepare yourself for such defence.
Is there any punishment if she still does after giving in writing? Do I have again have to wait for next divorce process for 1 year if i keep her?
Hypothetical question. she does not give any thing in writing. If she gives ( I am quite sure she will not give), then also you refuse to accept such undertaking on the ground you do not believe it.