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498a

(Querist) 19 January 2014 This query is : Resolved 
Dear Sir,
my wife file false 498a,114,323 on 18/06/2013 and CRPC 125(family Court) in FIR she wrote all false statement and in FIR, and DV act she change her statement.I am only one for parents. i have all proof that i spend on my wife and my 8 month old child. like medical,personal,call details, voice recording of my wife that she is telling she want separate from my parents.
my wife having government job and she file exemption for Saturday. approved by trial court.

now i want to file cases on my wife. so she have to come more then three or four time in court in every month.

please tell me what are the cases i will file on my wife.

can any court order me to go separate from my parents?

how i get divorce from her? i have filed Sec 9 HMA. but i dont want to bring her back.
Advocate. Arunagiri (Expert) 19 January 2014
There is should be strong grounds for divorce, just emotional quarrels will not be ground for divorce.

No court will separate your parents from you.

I suggest you to arrange for a mediation among your friends and relatives and arrive at a amicable solution.

You have love on your parents, you should take care of your wife also, even if she is having different opinion and thought.
ajay sethi (Expert) 19 January 2014
it makes no sense in filing counter cases on your wife . you are already fighting 498A and Dv cases . you ought not to have filed RCR . you dont want your wife back why did you file RCR .

RCR means restitution of conjugal rights ie you want your wife to stay with you . whereas now you say you want divorce .

court cant foce you to stay separte from your parents . you are only child of your parents . you have to look after them in their old age
R.K Nanda (Expert) 19 January 2014
nothing to add more.
Nadeem Qureshi (Expert) 19 January 2014
Dear Querist
the court can not compel to left your parents. withdraw RCR and file a divorce case against her u/s 13 (1) (ia) of Hindu Marriage Act, if both of you are hindu and the marriage had solemnized as per hindu Law.
Rajendra K Goyal (Expert) 19 January 2014
Do not file counter cases. Defend the cases against you. Live with your parents. If no amicable solution is possible file divorce case.
Devajyoti Barman (Expert) 19 January 2014
If no peaceful settlement in near future is in the offing then I would recommend counter measure which often found to be very productive.


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