Any action can be taken
Arka Foundation
(Querist) 01 February 2011
This query is : Resolved
This is the biref of my Client(husband)
Both parties had led a happy married life for Six months. And have been an absolutely normal couple and either of them have not given any reason to complain against each other. However the parents, family members, relatives and some neighbours of the wife, constantly interfered and attempted to poison their marital relations by carrying tales, to the wife against husband. More mis-communications, misunderstandings were at play due to constant back-biting by these evil elements against both the parties. In such a vitiated atmosphere, wife fell prey to their machinations and became a tool in their manipulative hands. As a result the wife who went to her parental home on as a visitor to settle some family affairs, and did not return to her matrimonial home even though husband communicating with her many times through couriers, registered posts, and also tried to contact the wife on her mobile but she did not respond to husbands attempts.
All the letters (regd & speed posts) were returned back purposely and willfully, then later husband went to in-laws house to bring back the wife, but no response, she is staying away from husband without informing as well as for no valid reasons whatsoever. Thus far, the wife has not let him know of her intentions as well as her future plans. She neither responded to husbands communications nor acknowledged.
To surprise and dismay suddenly, husband was confronted with a totally unexpected legal proceedings slapped against husband by the wife at the instigation of her parents, family members, relatives and some neighbours. Whereas husband had to contend with these false criminal proceedings, the wife continued to stay in her matrimonial home. These proceedings consist of a divorce suit and a suit for maintenance, separately.
But the poor husband is still willing to reunion.
Questions:
1). Any action (Civil/Crl case) can be filed on the husband in-laws for purposely and willfully rejecting the letters (regd. & speed posts).
2). If 498a filed (as of now, no Crl charges) these letters (returned) would be of help.
3). If 498a filed, counseling/mediation of both parties by the police is mandatory (for name sake @least) as the husband is willing to reunion.
Your answers would be appreciated.
Thks & Rgds
Devajyoti Barman
(Expert) 01 February 2011
1. No
2.Yes
3.No
Ask the huband to file a suit for restitution of conjual rights or make such counter claim in her divorce suit.
