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Rama (NA)     31 March 2013

Need urgent advice@cheated wife

Hi all,

  My wofe stayed with me for 3 month, then she went to her parents house and now she say that she don't want join with me.. She had some past relation with one boy, after marriage when I track somehow, and even we had a quarell on this.. Due to some of their maintenance, they are a huge debt...That pressure is putting to my wife by her mother..Now she say that she don't want to join with me and she denied to stay with me..I tried to convinince almost 1 year but day by day inorder not join with me, she is making small small allegation.. Her intension is different (money extorsion) and now after one year her father  is telling that I had mentally and physically turrured her..

My question is that, during 1 year my wife telling different thing where so far she has not mentioned that I turtured her.. and now her father showing finger to me.. Both has differeent intension, not to join with me and extortion of money.. Soon they may file 498 or DV aganinst me..In such case what shall I do?

Shall I go for RCR or can apply for divorce? I know she will not join with me, but she will harash me, and her target to ruin my career..

If she will file 498 or DV will it effect to get govt job at India?



Learning

 7 Replies

Gaurav (consultant)     31 March 2013

1. Sit tight. Don't panic and be calm. Don't entertain their extortion calls

2. record all calls .

3. Do not file divorce or RCR in hurry.

Let them fire the bullet and get exhausted. You will get ample time to take revenge.

 


(Guest)

What kind of 'small-small allegations' she was making against you during that one year, and were they in writing or she complained to Police?

 

Do you want her back in your life? If yes, only then file petition for RCR.

 

If you know that she won't come back, then you can file case for divorce.

 

If she files against you cases of 498A or DV then only on conviction in these cases you will loose your job.

 

So, if they lodge cases of 498A or DV against you, then you should defend the cases well.

 

Rama (NA)     31 March 2013

Dear Sandip SIr,

  So far she has not filed any cases.. But accoring to the situation, may be soon they will do it..

As she is not willing to give me her email or not intended to sharing her Mob No, and as right now she is very far from my house, so it is difficult to know her motion.. As she is not at all in any respect with me, so I don't think that she join with me and carry further our conjugallife.. But my advocate say that if directly we will file divorce then it may be cruelty on her and we may not have very strong ground for that, so better first let's file RCR and atleast let's see their intension. wheather they are filing 498 or DV, then we will reply to her fight, adn such case my advocate say that it may easier to get anticipatory bell .. Otherwise after atleast 1 hearing we can change it to divorce..

can you suggest me on this?

manoj joshi (advocate LEGAL ADVISOR AT IDBI BANK)     31 March 2013

it happens only in india

we have solution

09927822660

Rahul Kapoor (Legal Enthusiast)     01 April 2013

hello,

you need to get AB from the court.

go through the attached file.

yes cases will affect job.

better discuss with them and try to reach on a conclusion.

 

 

regards-

rahul.gogreen@gmail.com


Attached File : 988518132 498asurvivalguide.pdf downloaded: 60 times

(Guest)

First make it clear that no case of RCR can be later converted into a case of Divorce!

 

In case for getting decree of Divorce, you will need to prove grounds, that why your marriage cannot be continued.

These grounds are given in Section 13 of The Hindu Marriage Act, 1955.

But, for getting decree of Restitution of Conjugal Rights, you will need to prove that your wife has deserted you without any reasonable grounds and you want her back, which is given in Section 9 of The Hindu Marriage Act, 1955.

Both cases, i.e. RCR and Divorce, run separately and on their respective merits.

 

And cases of 498A and DV will also run separately, you will have to defend the cases.

If she files cases of 498A and DV, this itself does not mean that you will get convicted.

498A, DV and Dowry cases which are mostly false, are just ladged to harass husband and his relatives, and the Judge is very well aware of this fact. You just need to fight the cases very well with the help of an expert Advocate.

 

No, it is not correct to say that getting Anticipatory Bail will be easier then.

Just becasue you have filed petition for RCR, you won't get lenient view of Judge in 498A and DV cases or in AB.

 

If you know that she will not join you again and she do not wish to carry on conjugal life, then in my opinion you should just file case for divorce.

Msk-need -nuetral- laws (self)     01 April 2013

Aptly adivised by learned Sandeep. 

@ Author we ahd advised many times fr similar queries and there is a protection guide in 498a.org.

Please follow them



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