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joy   11 December 2015

Legal advise requested

We married 8 months back and from start only trivial problem started. She would always fight and tell me that she can't adjust and cant see me stand in front of her. This all happened in 2 months of time and we gone through a hell time. Her parent took her and after 4 months no contacts between us. Now they are asking to forget everything and start new life but I am over with it. Now she says she wants to stay. They have not filed any case but threating that if we don't compromise they will go for it. My query is:

1. If she comes back, how do I safe guard myself and family from false cases?

2. Can I inform police in writing, citing all detail which happened in past and now she is back ?

3. I fear that if we compromise, she will again start fight and this time create big scene.

Please help ! Thanks



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 10 Replies

Priyanka Singh   11 December 2015

Yes, you can/should write a written complaint to the local police station on the very day your wife returns back to the matrimonial home informing the authorities about her past behaviour and threats received by you and your family members in detail. Also, do not forget to mention in your complaint about the threat given to you regarding implicating you in a false case. Make sure you get receiving on that complaint having a DD entry and keep that with you. In case your wife proceeds with any action as threatened by her, you will have this copy of the complaint as a defence that since you were apprehending this action from your wife as she had come with her evil motives therefore you had already intimated the law enforcing agencies before hand.  

 

SAINATH DEVALLA (LEGAL CONSULTANT)     12 December 2015

Married for 8 months,lived together for 2 months(had hell of time with her)parents took her and later suggested to forget everything and live together.I presume it was an arranged marriage.

If she has reconciled herself and willing to live with U,nothing wrong in giving her a chance,as her parents are also insisting on it.

Its only a matter of love,affection,belief and understanding that makes marital life successful.If she was at fault may be she has refined herself.Hence only both of U sit together and sort out all the minute differences that may have crept in and get each other assured that such things would not be repeated again.

The delay and stubborness can culminate into further legal hurdles for both of U,wasting Ur time,money and life.False cases can be filed anywhere,even if she is staying away from U.Erase the thought of police stations and courts and try for a reunion.

prabhakar advocate (advocate)     12 December 2015

I agree with Mr. Sainath.

ANEESH TRIVEDI (ADVOCATE) (Advocate)     12 December 2015

Originally posted by : joy
first try to settle amicabley if not pssible then try to safe your self...
1. If she comes back, how do I safe guard myself and family from false cases?
no way, just behave nice toher collect evidence of your puchase, dont beat or abuse her in front of others who may become witness against you...
2. Can I inform police in writing, citing all detail which happened in past and now she is back ?
yes immediately gave in written all details....and file RCR if that happened just leave your place till you win RCR because she will sent notices, or file cases...
3. I fear that if we compromise, she will again start fight and this time create big scene.
your fear may or may not come true depends on your destiny...... and your behaviour how you treat her...
 

 

Born Fighter (xxx)     12 December 2015

50-50 chance !!!

Insaan ki fitrath change nahi hoti.  If your inlaws are putting conditions that if you do not take your wife back then they will file cases, then my advise is do not take her back !

However if there is a genuine realization on her part , then rather than taking her back in your home....spend some 6 months being seperate and test her behaviour and then decide!

No matter even if you take precautions by informing the police there will be no fool proof solution in case there is a problem later.....laws are in favour of women..

Be safe, tread cautiously !!

SAINATH DEVALLA (LEGAL CONSULTANT)     12 December 2015

The last 2 replies are irrelevant and provocative,which misleads the querist.It is easy to break a marital life than to repair it.First try to give a suggestion which could unite them together.If the querist is not satisfied he will act on his own or on the suggestiions of his local lawyer.The members who replied may be victims of marital life,but that could not be the same with everyone.Justice cannot be analysed viewing only one side of the coin.The quthor has given his version,but it could be an entirely different version from the other side.Hence whether we legal experts or non legal members,our replies should add value to the query.

Born Fighter (xxx)     12 December 2015

Another case of not reading the replies carefully and passing judgements.....pls let the Querist decide what is in his best interest !!

ANAMIKA VICHARE (LAWYER)     12 December 2015

when she was away from you, what action did you take, you  just kept quiet, now when she wants to come back, you want to mka some move...even  if we presume your story is true, then you shoul nt hv kept quiet, you should hv sent her notice ...anyways presuming you say your story is true, you write to police station give in writing only...this is for your record..........

 

ANAMIKA VICHARE (LAWYER)     12 December 2015

when she was away from you, what action did you take, you  just kept quiet, now when she wants to come back, you want to mka some move...even  if we presume your story is true, then you shoul nt hv kept quiet, you should hv sent her notice ...anyways presuming you say your story is true, you write to police station give in writing only...this is for your record..........

 

joy   16 January 2016

Dear Experts,

As expected, she did file written complaint u/s 498A at her nearest police station last week. I was called by PSI of that station along with my paretnts and we appeared for answering too. They questioned us for several hours and let us go. Also they asked my wife to think that can she see her whole life with me? She didn;t say yes/no. Then Police officer asker her to take a week time and decide saying, filing a false case won't do good to her.

Considering above events, I have filed NC report to concerned police station of mine and hers citing false complaint by my wife. Since she already went ahead with false complaint to police, I don't see any chance to revive this relation.

Do you think Police will still belive her version of complaint and file case u/s 498 when she go next time ?

Any legal action I have to take or wait until I get notice from Police ?

Please help. Thanks


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