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nikhil ### (manager)     05 September 2011

How to proceed if 498a or dv case

Dear Sir,

       Myself got married 4years back and Now from 2years we both couple had been separated. Now My wife is with her parents . Before separation we lived together in rented house. Our story is that we loved each other and we are also relatives. My parents really didnt liked our marriage but they agreed atlast. My in-laws also agreed and our marriage happenned in grand manner that its as arranged marriage because we are relatives. After marriage we are happy in all issues but difference started because of my aggreesiveness towards my wife. Small problems used to be big that be both never compromise with each other, in that moment if she shouts, I use to beat her. After that moment I realize and apolize my wife because she never mislead me, she say good only but she says everything in shouting manner for that I get frustated. Apart from this she use to complain that my parents are treating in ill manner to her when she went to them. and Once She also shown me their ill treatment towards her, than I told her that my parents dont know anything and to leave small issues. Apart from this my parents are interested in marrying my wife`s brother to my sister But they never discussed with my wife but I know their intension and that too its not my issue, So I felt to them only. In meanwhile my wife`s mother meet with a bypass operation and after that she expired, in this situation my wife left me for 5months .after that he same to me but My problem has became more. We both are easy frustrated fellows. Once I happened to beat her infront of here family members and at same time my parents and sister also making trails for my wife`s brother to marry my sister were my sister started proposing him and he didnt accept , for this my family warned his that my wife will be punishable if he doesnt agree , here main point is that I dont know any thing. But the situation demanded my wife to beleive that my family and myself would harm or harass her further. So she felt me.  As to cover  my families mistake I also warned her to be with me or divorce me, and for some time I showed my superior complex. But it didnt work, because she is very sensitive and in same way very stuff person. So I started to apolizing her but she is saying that he is afraid of me. And she said to apolize her inbetween all relatives. And she also asked me to say all myself and my family ill treatment in infornt all. For this I taken my relatives and family to my wife`s house and requested her to come back by saying apolize but I didnt involve my parents because their respect will vanish infront of relatives. But in privacy I apolized her. But she didnt understood my situation and forced me to say happenned things.

                                 After This due to my forced request, my in-laws and my wife asked me to write a note paper that in future "I and my parents are responsible for her". For this I hurted, I think its not good for me. So I didnt agree. And as per my wife`s words I understood that she is going for legal proceedings, but she is saying that she will come to me with definite protection. Now by seeing her behaviour, I decide to divorce her because if she goes to court and comes to me than I and family should live in fear of her. So I changed my minded and pointed out her that what she is going from this two years of separation, if she had idea to go to police than she should proceed at the last moment when I beat. So I think to doubt her character.

My Questions:

1. All trails are over, so she may keep 498A or DV act on me and my parents. So what steps i can take save myself and my family ?

2.what should I do if she files 498A only?

3.What should I do if she files DV case?

4.She is ready to reconcile , So how she many proceed (police station or court)? what will be easy to her?

5.For above questions, I dont want to reconcile with her and I want divorce, How can I proceed according to her case.

6.According to my relatives, she had some voice recording of me were I accepted my few mistakes. I think, I accepted few mistakes before my wife to convience her a long back. Is this recording are accepted by court as evidences or not? 

7. How long this recording may helpful to my wife?

8. Is their any chance for me to hear that recordings to evaluate them. Where she may submit this recording(police station or directly to court).

9. Once she able to prove herself what will be the decision of others, if she wants to reconcile?

10. But at this stage I dont want to reconcile, Then What I must do?

Please suggest me accordingly.



Learning

 1 Replies

Sanjeev (Lawyer)     05 September 2011

As per my understanding the approach and the way you and your family dealt with your wife and her family was wrong. In case they wanted your sister to be married to her brother than it should have been done in a proper way and wife should not be mis-treated if her parents dont agree with the relation. Everyone has a right to decide for themself that who they should marry and if they are girls parents they cannot be made to agree for the proposal or they suffer in terms of mis-treatment of their daughter.

Whatever may be the case relationship dont work this ways and may be due to these actions they developed a feeling that you and your family may harm them.

And know coming to your questions:

1. All trails are over, so she may keep 498A or DV act on me and my parents. So what steps i can take save myself and my family ? there is no defence available for 498A she can file you will need to take Anticipatory bail when FIR is registered. DV is also to be defended. No remedies beforehand available.

2.what should I do if she files 498A only?- Take AB

3.What should I do if she files DV case? Defend

4.She is ready to reconcile , So how she many proceed (police station or court)? what will be easy to her? Why dont you take the first steps forgetting your EGO and Anger that can save two lifes. Else you will get into endless litigation.

5.For above questions, I dont want to reconcile with her and I want divorce, How can I proceed according to her case.- File Divorce- but counter can be 498A and DV

6.According to my relatives, she had some voice recording of me were I accepted my few mistakes. I think, I accepted few mistakes before my wife to convience her a long back. Is this recording are accepted by court as evidences or not? - These can be accepted subject to evidence requirements but for registerring 498A or DV these are not required just her statement to police will do.

7. How long this recording may helpful to my wife?- No limitation

8. Is their any chance for me to hear that recordings to evaluate them. Where she may submit this recording(police station or directly to court).- Thats too futuristic see where case is filed.

9. Once she able to prove herself what will be the decision of others, if she wants to reconcile?-Dont understand the Question

10. But at this stage I dont want to reconcile, Then What I must do?- Nothing wait for her actions


 


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