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Adil (abc)     22 February 2013

Wife asking for property

My wife and I are living separately. I am in Lucknow and She is in Jodhpur. Now she says that if I want her back I have to purchase a property on her name in Jodhpur. Once I do that only then she will feel mentally satisfied and would come back. I have this documented on chat.

My question is: Is there any kind of anti dowry act just like 498A in which I can report an FIR or court case as she is asking for property to come back. If Yes, What section under IPC?

In the past she has already filed a false 498A and after this documented chat as a proof with me, would she still be able to file 498a on me. And would it be applicable. I have already sent her a notice through family court asking her to come back.

Please help and guide. Any help would be appreciated.



Learning

 20 Replies


(Guest)

what do you want?

take some time and think..

2 Like

Adil (abc)     22 February 2013

I would like to know the options that I have in my hand to build my case stronger. In both the case, if I want her back or I want to divorce her.


(Guest)

Bro,

Sorry if I sound rude. Your approach is wrong. You know her, you lived with her for sometime. You are the best judge to decide on make/break co-habition. You should not make your decision on legal options.

The way I see it is:

My wife and I are living separately.

purchase a property on her name

I can report an FIR or court case

In the past she has already filed a false 498A

able to again file 498a

notice through family court asking her to come back.

You can still ask for counselling or mediation if you really want her back :) good luck :)

 

1 Like

Adil (abc)     22 February 2013

Actually you are right but basis on her behaviour to ask for a property to come back does not sound correct to me. The relationship should be unconditional. I would like to know my options if I decide to break up. Please guide and suggest

Msk-need -nuetral- laws (self)     22 February 2013

Adil,

If you want divorce , be open and file on cruelty ground, that asking hsuband property to cohabitate is cruelty and tell courts that she harssases for money and chat evidence is not enough, so collect more audio/telephone recording. But you need to be brave enough to fight 498a

1 Like

Advocate M.Bhadra   22 February 2013

Since the abolished of Benami Property Transaction in the year 1988,then you can not calim the said property that you have purchased in the name of your wife.You can try to amicable settle with your wife in the matter.If the marriage tie would continue then you will get proportionate share after her death,but not after divorce.During this period she can sell,gift and mortgage to any others, you would not able to restrain her.

1 Like

Adil (abc)     22 February 2013

Thank you Minasu for your reply and interest. I have not purchased the property yet. She is asking me to purchase property on her name in her home town. Which is around 900 Km from my city (Lucknow to Jodhpur). Now the question which is bothering me is : She says that she will come back after I purchase the property on her name in her home town. What in case she does not come back even after purchasing the property. What if she comes back for couple of months and then goes back again. Is there anything legal I can do so that she cannot leave me after purchasing the property.?

 

Thank you for your help again. I am in trouble. Please suggest.


(Guest)

Bro Adil,

You should cough up more details, what was the actual problem? why she earlier filed 498a? what was the verdict of it? why is she now staying away from you? from how many days? whats her intent? do you have kids? why do you anticipate that she may file 498a now? whats the ground?

You need to have a strategy and build your case. "Something will happen" is not a strategy.

As I see, I think you want to put pressure on her and want to get your wife back unconditionally. 

Legally you can file RCR and she can file 498a..so we know its a long battle to fight. For her demands, you *CAN NOT* do anything rather than showing her that she is money minded which mounts to cruelty.

Any legal action you choose will get you in trouble. So "stretegically let her make more and more mistakes and you record it" Put pressure socially and mentally till the time you are ready to fight a legal battle.

"Time is on your side", thats the advantage you have. Understand it. Use it for building your case. Because as of now techinically you dont have a case.

I hope it helps. 

1 Like

Adil (abc)     22 February 2013

She filed false 498a as she thought I had extra maritial affair. There was no verdict. It was settled at the police station itself. I left the place and left the job as well and came back to my hometown. Even after doing this she was not happy and kept on doubting. She is living away from me since 1 year. We have a 2 yr old son. And do you really think any wife needs a ground to file 498a. It would be just a thought in her mind to file it and she will do it. No ground at all.

cm jain sir (ccc)     22 February 2013

1)Beleive n sleep with snake but not with 498a lady.

2)Do not purchase any property in her name. It is called legal extortion which you already might be knowing after getting a slap of 498a.

3)Let court decide on merits what is genuine for her.

4)She had tried to file false of 498a and asking extortion so try to collect some more evidence n file divorce.

5) Join siff n read law to attack enemy.


1 Like

Adil (abc)     23 February 2013

One last. I would rather file a dv case now. One thing since she has asked me for a property, is there any section of IPC under which an FIR could be registered against her or her parents?

stanley (Freedom)     23 February 2013

@ Author

You cant file a DV case on a women since as of date there is only a law where a women can file a Dv act .Yes she can file a 498 A . 

Buying a property on her name is foolishness . Tommorrow she will sell it and use the same money to fight her false cases against you . Think with your mind and not from your heart . you can take a horse to the water but cant make it drink from it .

1 Like

Adil (abc)     23 February 2013

Well sorry DV was for Divorce not Domestic Voilence. My question is unanswered. is there any section of IPC under which an FIR could be registered against her or her parents for asking property?

Taking or Giving Dowry, both are illegal as per what I know. Thank you for your help.

stanley (Freedom)     23 February 2013

Counter cases that can be filed are IPC - 120B, 191, 197, 199, 200, 201, 204, 209, 211, 321, 355, 378, 379, 406, 499, 500, 504  but these are not with respect to demand of property you would have to consult your lawyer or read the relevant sections of IPC there is no point in all this its just a waste of time . Hence better to get free of the allegations as and when she files the false cases .

1 Like

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