Shaik (business) 07 February 2022

wife willing to return to home after 498a and dvc

after 498a acquittal and DVC only order to pay maintenance to her and son which Iam doing ever month and nothing else in the order. on asking a question in DVC willing to return to husband she replied not willing. In the DVC orders It is written not to communicate with them.
As a muslim i got re-married.

on which ground she may return to me?
when she is standing infront of my door and if I dont let her in then what cases she can file?
is there any legal optionsfor her? i have income tax returns showing low income less than 1,00,000 pa. and no own house.

many thanks.

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8 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 07 February 2022

Hello,

If your house is wife's matrimonial home then you cannot stop her entering house. Your wife can approach local police station if you stop her entering and this may lead to another round of litigation.

Shaik (business) 07 February 2022

Dear Shrish Pawar

This is a rental house. We never lived together here at this door no/ house/near by localities. Neither this address is mentioned in 498A or DVC. Still can she force entry here? your suggestion is highly appreciated. waiting for your response.

many thanks

Ghazala Rahman (advocate) 07 February 2022

why not you divorced her . Why are you willing to continue this wedlock.

Shaik (business) 07 February 2022

this is a forum legal suggestions.
1. 498a acquitted.
2. dvc not proved. no big amounts sanctioned for her.
3. she is not willing to return(her statement)
4. I am not a govt employee.. small salary
5. bigamy is not a crime( islam) pl.. CORRECT ME..
6. why do I need to initiate divorce from my side. i don't know her urgency . I may become victIm of huge one time settlements and assets sharing..erc...
7. no point in filing for child visitation. practically not possible for me. she will torture my son more before evey visit..
8. pl answer my original question...

Ghazala Rahman (advocate) 08 February 2022

5. yes a wealthy Muslim allowed to maintain equally his 4 wives at a time. it's permissible.

Shaik (business) 09 February 2022

I am residing in a rental house and We never lived together here at this door no/ house/near by localities. Neither this address is mentioned in 498A or DVC (year 2009). And my self and my parents do not have any own house.

1. Can she force entry here where I am residing with second wife and cause probles?

2. As she told that, not willing to join husband in DVC, what legal options are there for her to trouble me? In DVC order, I got instructions not to communicate with her and son.

your suggestion is highly appreciated. waiting for your response. many thanks

Parasar 09 February 2022

first thing, she is still her legally wedded wife, second she did not get a residence order, what are the reaons for the court not giving a residence order, third thing your second wife can file a civil suit seeking injunction order against her for her mental peace, fourth there is an order against you to not communicate with her, file a memo in the court that gave the order, infiorming about her behaviour