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Manoranjan Das (Constable)     16 June 2012

My wife wants to be separated

We have had 12 years of conjugal life. We have 2 sons of 11 & 6. My wife is emotionaly torturing me since last 2 years saying that I have an affair with local lady. She consistently allege on me each and every moments. In fact there is nothing on this. All my relatives, neighbors, friends even she internally knows it very well about my character. For the last 1 year we maintain non-consummated life. On last instance she irritated me a lot saying filthy languages for which I hands raised and said I will beat you. She likely to be awaited this situation then she put off all the bangles wiped off her 'Bindis' and said "you have died for me from today" and prepared to go away from me. Infact she did not . After two days she called her parents and brother while i was in office and no any family members was at my home. she left me alongwith my 2 children. After their departure i spend a miserable life. Still I love my wife more than anything. I tried my best to get back my wife and children. But my inlaws shake their hands with my wife. They are not giving me any chance to communicate each other either phone or personal contact. Now the days they are trying to file a dowry torture case against my parents and me. What should I do??



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 11 Replies

adv. rajeev ( rajoo ) (practicing advocate)     16 June 2012

Before filing 498A file a divorce petition, because if she filed 498A you can take the defense of divorce petition.  In the divorce cse her mind may change she may join you.

Manoranjan Das (Constable)     16 June 2012

I have filed Station Diary at local Police Station after her departure and about apprehension of false 498A case. After 10 days send pleder notice by a lawyer. In response they also send a counter reply with a colorful story that we have been torturing her after 2 years of marriage.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     16 June 2012

Dear Mr.Das,

 

Sorry to hear about your predicament. In India dowry laws are indeed abused and misused to settle scores and get ujustified demands met. There are certain things that you can do to guard yourself against a possible 498a false case against you and your family. 

 

Feel free to talk with complete details !

Manoranjan Das (Constable)     16 June 2012

Plz suggest what are the remedies.

Adv Archana Deshmukh (Practicing Advocate)     16 June 2012

What do you want? If you want your wife back, file a petition for restitution of conjugal rights. 

If you want divorce, then file for divorce on the ground of cruelty. 

Consult a local lawyer.

Manoranjan Das (Constable)     16 June 2012

Thanks Adv Archana ji,

If i file for divorce. Can she claim for maintenance.

Adv Archana Deshmukh (Practicing Advocate)     16 June 2012

Yes she can, if she is unable to maintain herself out of her own income.


(Guest)

Instead of starting litigation from your side. You can send registered post(not a legal notice) asking her to join you and keep a copy. Also mention how you have been trying to contact her but her parents are not letting you to communicate. This you can use later in court to show your efforts for saving the marriage.

If they have to file 498a your divorce or rcr petition can not stop it or weaken it.

rcr is futile and has no use.

DIvorce is recommended only if you want divorce and have strong case of cruelty and desertion. Can you to prove it?


(Guest)

How can a divorce petition be used as defense against 498a?

If he files divorce, the first thing her advocate will suggest her is to file 498a and include all family members.

If he does not file divorce, she may or may not file 498a. But if he files divorce, he will 100% face 498a.

If possible, he should try to seek mediators help and solve the issue amicably. As, even children are involved in this case.

Originally posted by :adv. rajeev ( rajoo )

"
Before filing 498A file a divorce petition, because if she filed 498A you can take the defense of divorce petition.  In the divorce cse her mind may change she may join you.
"

Manoranjan Das (Constable)     18 June 2012

I would like to add to my above topic that some of my family members and relatives had been my inlaw's house. Apprehending some trouble they may create, want their consent over phone from a nearby areafrom a nearby area to discuss at their home. But my father-in-law and wife bluntly denied to come to their house and said "we have no relation anymore, hence you may go back ".


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