498a,406 criminal case and later dv civil case. what will be the intention of wife and inlaws?
Querist :
Anonymous
(Querist) 15 October 2011
This query is : Resolved
Respected lawyers,
Wife with her father filed a 498a,406, 420, DP act sections .
After 3 or 4 months again they lodged a DV case asking for a Compensation in a fast track court.
Why they filed DV petition after 3 months asking for compensation?
My question is why they are not applying for Divorce and claim for compensation?
Do I need to apply for a divorce? or
Shall I wait for them to file a divorce too?
Need your lawyers help to understand or to expect the inlaws next steps and their intentions?
ajay sethi
(Expert) 15 October 2011
object of yur in laws is to pressurise you you come to an amicable settlement .
to extract maintenace , right to stay in shared household , custody rights it you have children and compensation .
we do not know the facts of your case to advise you in great length . suffice to say case of your wife seems to be you harrased her for dowry , cheated her and she wants her pound of flesh
Shonee Kapoor
(Expert) 15 October 2011
:-) Why they are doing so?
Because they want either to punish you or extract huge amount of money.
Contact SIFF volunteers in your city. You are also free to contact the undersigned in confidence.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 15 October 2011
I agree that wife and in-lwas want to pressurize me and to take revenge.
What about the divorce question?
Compensation and maintence come into arguments when divorce is filed. Am i wrong?
Can they still claim just compensation without filing a divorce?
Does Filing 498a and a DV(section 12) case means they want divorce indirectly?
How to take the things?
Sanjeev
(Expert) 15 October 2011
Divorce is part and parcel of the settlement. These cases are put to make you agree for settlement with decent alimony. 498A pressure ceases once bail is obtained so to maintain the pressure DV is put as in case any Interim Maintainence is sanctioned that will also put additional pressure.
Once you reach a settlement - Mutual divorce would obviously be one of the condition.
Asking divorce make their cases weak and also the person who asks never gets that thing. If they apply for divorce you would obviously contest and would not let it happen unless these cases are withdrawn.
Querist :
Anonymous
(Querist) 20 October 2011
How can we avoid the pressure?
How to counter act to avoid the maintenance or not to agree for a settlement of money ?
We dont have children.
Pls. Give me some ideas?
FYI : we didnt take single paisa as dowry, never harassed, never cheated. She and their family members felt so and filed the cases.
