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Ramesh (xyz)     22 December 2012

False 498a after 16 years marriage life

Dear Members..

As my wife don't want to live with me and she wants divorce even though we have 2 children after our 16 years of marriage life.  I am dump and deaf person and she is physicaly healthy one.  She is now denying s*xual relation with me since last 1.6 years because she is in love of my neighbour and have telephonice contact with him. 

But I don't have any evidence that she is having any physical relation with him or not and also I don't have any proof that she has telephonic contact with that person.

Now she is living at her parent's home since last 2 to 3 months, but her parents are good and they support me and my family member.  But she doesn't want to come back.

What should I have to do now if...

1) She has filed Divorce case in court based on physical and mental harrasement under Protection Order...

2) She is now living some hostel and she also has informed to police for her protection based on the protection order under Divorce from court...

3) She is also doing job in some beauti parlour...

4) She also has filed false 498A case against me and my family...

4) Should me or my family or her family go there and ask for not doing all such stuffs, and take Divorce case back.

 

Please please give me ur expert guidance for the same...

Thanks in advance...



Learning

 9 Replies

Arjun Gupti (Business)     22 December 2012

498A can only be filed within 7 years of marriage. How can court or police accept her complaint after 16 years of marriage? If she does not wish to stay with you, why do you want her back in your life? If you have proofs, you can file a case of adulteration against your wife and her lover.


(Guest)

Mr. Arun Gupti,

 Please don't give suggestion on the matter on which you don't have proper Knowledge. You are businessman so give suggestion on the business development matter. Let this on the legal expert.

Secondly 489-A can be file at any stage. It doesn’t matter how long your marital passed. On this the burden of proof is on the accused to proof him innocence. See the Supreme Court verdict on this. However if the incident took place before a long time of the complain even and fall under limitation then again the 473 Cr.P.C override the limitation on the just reason.

So there are no rules that one can’t file 498A just because her marriage took place seven years or more before the incident.


(Guest)

Please read 498A instead of 489-A in my earlier post.


(Guest)

Mr. Ramesh,

Since your in-laws are in your favor. It will help to prove your innocence and once the 498A proof false the divorce case get dismiss on that ground you mentioned.

Secondly acquire evidence which can proof your allegation on your wife.

 Finally you cannot bring anyone forcibly if she/he doesn’t want to.

Yes you can show your physical condition to get some sympathy.

best of luck.

Ramesh (xyz)     22 December 2012

Thank you shamshad...

I was happy after reading arjun gupti's reply... But as you are saying that 498A can be filed at any stage of Marriage life..

So please give me your valuable guidance for the following questions

1) What should I do if she has filed false 498A against me and my family??? she loves our neighbour i.e. relations other than marriage life and she also talks with that guy on mobile, but I don't have any proof for that..

2) Can she file for divorce based on false physical and mental harrasement i.e. domestic violence??

3) Can she file for divorce from my home even though one one year physical seperation??

4) Her parents dont support her for divorce, so can she live alone other than her parent's home and fight for divorce??

 

Please reply...

Thanks in advance...


(Guest)

don't waste your time on woman who does not love you. life is precious. it is a gift from god.

Munirathnam (Scientist)     27 December 2012

You better to tell to your neighbour's wife saying that your wife has ADIS and you are not OK for s*x with her. Then definitely she will talk to her iwfe then see how her husband will talk to your wife.

 

Also write letter to your neighbours wife saying that your husband is having s*x affair with your wife..... but do not use your name in that letter.

 

In this way wrong could be corrected. 

Munirathnam (Scientist)     27 December 2012

Also you may try to send SMS to your neighbour from your wife cell number asking him to be ready to elope to different place.... then send SMS to your neighbour wife from some other cell number regarding their plan then see the real fight between your neighbour and his wife.

 

Later you can be happy, you no need to monitor your wife.... your neighbour wife will take care of her husband in right way like Domestic Violence, Dowry case and Divroce etc... you help your neighbour wife to file as many cases as possible against him till he becoems unfit to s*x.

Munirathnam (Scientist)     27 December 2012

I never imagined even in dreams that I give this kind of ideas to the people in this forum.


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