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Md Ibrahim (AM)     08 August 2011

Relaxation from false 498a

Dear All,

Require your precious advice for getting anticipation/relaxation from 498A,

I used to stay 500km away from my parents along with my wife. My mother used to take care of my father (old age) & college going sisters.

After my demise of father on 30.11.10, I got transferred to my home town on 18.12.10. Before completing of my father's funeral rituals she left our home on 08.1.11 without my concern & my mother's permission.

I made a lot of attempts to maintain my marital relationship with my wife orally (she did not turned up)

I also sent her a registered letter for any issues to clarify. After 1 month my wife & In-laws stated that I & my mother tortured my wife & did not offered food for 10 months.

I sent 2 persons for reconcile but THEY DEMANDED ME TO STAY SEPARATELY FROM MY WIDOW MOTHER & SISTERS, then only they will send my wife.

And also stated that I am impotent. They extorted my persons saying that they will kill them & me.

From that instance i did not approached them for reconcile & talked to them over phone.

I have come to 1 conclusion to relieve her permanently by submitting MEHER.

I am scared that they might file a case FALSE 498A against me.

I just wanted to know whether taking FATWA from my personal law will pay me any relaxation from 498A. I also have FIR copy of lodging a case for extortion calls & letter what I have sent to her.

Kindly guide me in this regards please.



Learning

 1 Replies

Saurabh..V (Law Consultant)     08 August 2011

@Author

 

I'm sorry but I cannot help you in your personal (muslim) laws. Regarding "Fatwa" I'm sure, law does not recognize that. But in your case it might help as the girl is muslim and her parents might abide by that.

 

Legally you cannot divorce your wife without reasonable grounds. So in my view, you should first file for RCR (restitution of conjugal rights). I'm sure as soon as you file this petition they would file 498a etc.. But don't worry. Courts in India are now familiar to all false cases coming on daily basis. So you would have better chance of survival.

 

In any way your wife is not ready to join you and help you and your old mother. So she is not worth a wife. A girl who do not understand the meaning of being a girl and who herself ruins the portrate of Indian Girl is not to be respected anyway. Just start collecting evidences of their threatening, and file RCR. Things would start moving automatically. Engage a good lawyer!

 

//peace

/Saurabh..V

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