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Chetan Singh (SE)     15 July 2010

My Wife Cruelty

Hi All,

I have a concern, As I have posted earlier that my wife has filed me case 498a,307 and now she again wants to come back with me at any cost. She is not ready for Divorce but My family is not intrested in her now.

She has a son of 13 years who is her first husband, so she is asking for maintance  in case if I dont keep them in my room.Can she claim for maintaince legally for her and her Son  ?Our marrige was happened last year.I am fighting with her because I am not the father of that Son thats why dont want to give money for that. She is taking the help of Women Cell for the same. What will be effect of Mahila Aaayog?



Learning

 14 Replies

Legal Fighter (Advocate)     15 July 2010

If she is taking help of women cell and simultaneously want to come back, her desire to come back is not genuine. Don't worry about maintenance and get in touch with local chapter of SIF (Save Indian Family) NGO. Search it on google and you will get all the details of local chapter.

1 Like

(Guest)

1. She can very well put an application for maint. for legitimate as well as illegitimate child of parties to a marriage if both of your marriage took place and the said fact is "not denied".

2. Regarding Legal Fighter's advise on maint. to a "illegitimate child" I differ from his views. However, enrolling SIF local chapter meetings may bring in cushion / buffer as end to justice as advised by him but there is no escape even the child is not yours as said in abv. briefs PERIOD.

Rgds.

Chetan Singh (SE)     16 July 2010

Ok, Can she claims money or my property for her Son in future if she remains with me? If I am not the father of that Son i mean there is no blood relation with me to that son is it possible as per court law?


(Guest)

find out whether she is getting maintenance for her son from her first husband or not? as per my knowledge she can claim maintenance for that child from father of that child i.e. her first husband or his family members only

Adv Archana Deshmukh (Practicing Advocate)     17 July 2010

You are not liable to pay any maintainance to the son from her first marriage,  unless you've legally adopted that child. Till then, the child is the responsibility of her first husband and herself only. However, she can claim maintainance for herself.


(Guest)

dont take her bak at any cost. shes planning to take u for a ride.

1 Like

Chetan Singh (SE)     20 July 2010

Thanks everybody , I have enquired about the maintence from her first husband for that son but he has died.

1.She is asking a seprate room for her beacuse i dont want to keep her with me. Mahila Ayoag is helping her for this , Can Mahila Ayog do anything to me forcefully with Lawful order.

2.If Giving room on rent as a maintennace for her can be trouble for me as per law .If I am in touch with her?

3. Can she again file case like 498a,3/4 ,maintence etc from other state  in future since she has already filed the same on UP state.

What I simply want to settle her with peace and let her leave her life and i want to leave my life either by divorce or monthly maintnince.

Chetan Singh (SE)     04 August 2010

Hi All,

Yesterday by some body(Lawyer) from court I come to know that Charge sheet has been prepared and sommon from the court i would be recieving shorlty.

1. Can it is necesssary to present in court for both the parties.

2. My wife is ready to take back the case but her term conditions are not clear.

3.Can she take back the case after charge sheet prepartion?, what will be the effect if she take back or not.

According to your suggestion i would request her to take back the case.

Thanks

Aman


(Guest)

1. The case goes for QUASH if you agree to her Terms and Conditions whenever they are made clear to you.
2. Decide first if you really want to agree to her T&C then act !
3. BTW if first time out off 498a the second time one is sure to get hit by it so keep that also in frame of things to happen.
4. The que. is purely your call.
5. Opt for "mediation" to understand her depth and give time to make a decision either way.

Chetan Singh (SE)     04 August 2010

Thanks Arun ji, But If she takes back the case then can she again file the case of 498a? Is law permits women to file 498a again and again.


(Guest)

ha ha I think you like hearing bedtime stories before going to bed so here you go (infact this is a FACT which can only happen in India and no where else) afterall it is now a bonafide industry na ...........

1. A Chennai women filed 7 times 498a IPC all on different husbands all after quick settlements with each one of them untill she was caught  and each time she was represented by an Ld. Advocate.

Allow me sometime to retrive the stored News Clipping for your reading pleasure.

Rgds.

Chetan Singh (SE)     13 August 2010

Hi Again,

Yesterday I met my lawyer , he was saying that my hearing date has been come and the date is on sep6.

1. Charge sheet has been prepered but no acts like 498a,3/4,323 has been diminished from IO from thana. Charge sheet is in favor of my wife.

2.I dont want to fight the case since it will take lots of money and time.I want to do compromise with her so that I can live sepraetly without disturbing  her and me from her.

3. I want to do other marrige but how it can be possible if she is not ready to give me divorce.?

4. If I am not the father of the son of her and his age is 13 years so Can she or her son claim rights on my property in future.?

Please advice what is the procedure to take the case back and whether it should be good to take case back for getting sepration/divorce from the court. 

Chetan Singh (SE)     13 August 2010

My wife has no proof that I have asked dowrey. It was her false case against me. so if  I fight the case how much time it will take. whether it should be benificial for divorce or should I compromise with her and  file a case of divorce seprately.

Chetan Singh (SE)     17 August 2010

Hi

Plz advice what is best for separation for me.

1. Fight the case 498a ,.....

2.Take back case first with compromise and file a seprate case of divorce.


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