498a/ dv / divorce
pummy jain
(Querist) 11 December 2016
This query is : Resolved
dear sir/ madam,
my wife filed 498a and DV in july 2015 after my case of HMA sec-9 as we are leaving apart since 2011.
in june we both agreed in ADR at an amount say 3x and i gave x for withdrawing 498a and DV as written in ADR agreement and rest amt 2x at the time of divorce decree from 13B.
she withdraw DV but now she is saying that she will withdraw 498a after divorce.
what can i do now ? i have ADR true copy and true copy of 13B in which this is clear that she would withdraw 498a and DV before divorce.
S.B.adil rahman
(Expert) 11 December 2016
Do not surrender. Bring it in to the notice of trial court. Let her come on record at the Court. Such conduct on her part will prove her mental swing and will be helpful to you in 498A IPC trial which will suggest cruelty by her and not by you. Do not pay a single farthing to her and save the money for fighting out the case tooth and nail. Consult an experienced local lawyer and confirm whether any case of extortion under false accusation or cheating can be filed against her or not. Only this can be advised to you by the lawyer after going through the documents.
Kumar Doab
(Expert) 11 December 2016
Agreed.
You may engage a very able and senior counsel specializing in such/family matters, contest seriously and get out of it.
R.K Nanda
(Expert) 11 December 2016
nothing to add more.
Ms.Usha Kapoor
(Expert) 12 December 2016
Don't surrender. Fight the 498 A case thoroughly against her.This will-lead her to mental swings which may help you in fighting 498 A proceedings thoroughly against her.This will prove her mental cruelty and not yours.Contact an experienced lawyer.
S.B.adil rahman
(Expert) 12 December 2016
Do not succumb to pressures. Marriage is converting fast in to Divorce industry. Discourage it. To prove 498A IPC case is very tough until associated with 304 B IPC where presumption plays an important role. In your case, I feel that divorcing the wife will be a foolishness. Do not divorce her. Cancel all agreements and keep the money in FD to pay her maintenance from its interest. keep her hanging in the legal battle and also file cases against those of her family who are taking active part in inciting her for divorce. Once they are implicated even in non cognizable complaint case then they will understand the heat of law and also the summary result of their nefarious activities.
Kumar Doab
(Expert) 12 December 2016
She has the right to change her mind......
You have documents on your hands that are worded agreements.
Your own counsel must have helped you to under stand the implications of change in her stance.
Apply your own judgment.
Rajendra K Goyal
(Expert) 12 December 2016
May proceed as advised by the expert S.B.adil rahman.
