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Raj Sony   02 January 2019

false498A dowry case

my wife went her mother's home now 3months has been completed so now she don't want to come back she demanding me to separate from my family but I don't want to separate and which thing I don't like she is doing everything thing that by the support of her own sister like recently she went to club and consuming alcohol with her sister and her sister forcing her for book a 498A Case against me if I didn't get separate from my family she has some major problem with my brother and his wife so what is the way to get back her in joint family and safe my self from this fake case plz give ur advise


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 10 Replies

Adv Deepak Joshi +917017821512 (Advocate)     02 January 2019

Dear querist,

 

You wife is not a kid that other are influencing her to take her decision.

If she does not want to live with your parents and all the effort of positive dialogue has failed than legally there is no way. Law cannot force your wife to live in joint family.

 

You have to make choice between parents and wife then course of action can be planed accordingly, as far as other case are concerned then there fate will be decided on merits of case.

 

 

Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

1 Like

Raj Sony   02 January 2019

K Sir but if I want to stay with my family only then what Is the procedure to come out from the situation she don't have any proof against me or my family even from 3yrs I didn't touch her in illegal way just she is demanding for get separate but I'm fearing that if I get separate from my family in future if she launch a complaint of harrement against me then what will happen that's why I don't want to get separate from my famiky

Vijay Raj Mahajan (Advocate)     02 January 2019

Asking the husband to stay away from parents or avoid or ignore them all amount to act of cruelty. Yes no one be forced to live with anyone but that doesn't mean the husband should be forced to live with wife in a separate place to satisfy her ego. Threat to file criminal complaint just because husband is not ready to live separately from parents is another act of cruelty. Move for seeking divorce from her before she move filling criminal complaints against you. Child custody issue can be sorted in during court proceeding in divorce case.
1 Like

Vijay Raj Mahajan (Advocate)     02 January 2019

Asking the husband to stay away from parents or avoid or ignore them all amount to act of cruelty. Yes no one be forced to live with anyone but that doesn't mean the husband should be forced to live with wife in a separate place to satisfy her ego. Threat to file criminal complaint just because husband is not ready to live separately from parents is another act of cruelty. Move for seeking divorce from her before she move filling criminal complaints against you. Child custody issue can be sorted in during court proceeding in divorce case.

Vijay Raj Mahajan (Advocate)     02 January 2019

Asking the husband to stay away from parents or avoid or ignore them all amount to act of cruelty. Yes no one be forced to live with anyone but that doesn't mean the husband should be forced to live with wife in a separate place to satisfy her ego. Threat to file criminal complaint just because husband is not ready to live separately from parents is another act of cruelty. Move for seeking divorce from her before she move filling criminal complaints against you. Child custody issue can be sorted in during court proceeding in divorce case.

Vijay Raj Mahajan (Advocate)     02 January 2019

Asking the husband to stay away from parents or avoid or ignore them all amount to act of cruelty. Yes no one be forced to live with anyone but that doesn't mean the husband should be forced to live with wife in a separate place to satisfy her ego. Threat to file criminal complaint just because husband is not ready to live separately from parents is another act of cruelty. Move for seeking divorce from her before she move filling criminal complaints against you. Child custody issue can be sorted in during court proceeding in divorce case.

Raj Sony   02 January 2019

Sir I don't have kids because of my wife done a abortion 2times with the help of her sister and now her family and she is putting torcher on me infornt of lady officer and she is saying after getting separate my husband has to come home before 10pm every day and if any thing happens wrong with her then husband is responsible for it and if husband try to meet his family then she will complaint a harresment case against husband

Sachin (N.A)     02 January 2019

Originally posted by : Raj Sony
Sir I don't have kids because of my wife done a abortion 2times with the help of her sister and now her family and she is putting torcher on me infornt of lady officer and she is saying after getting separate my husband has to come home before 10pm every day and if any thing happens wrong with her then husband is responsible for it and if husband try to meet his family then she will complaint a harresment case against husband

 

To make your family safe, it would be better for you to shift to another accomadation with your wife. With proper paper work that all her articles in with her and not with your parents. 

After that you can take any legal remedy. It will make your parents safe in case there is legal battle between you and your wife.

Dr J C Vashista (Advocate)     03 January 2019

Not a legal issue involved in your story. No one (including your wife) can force you to leave parents and stay away from them, they are also your responsibility as that of your wife and yourself.

Just discuss/ reconcile with your wife, seek help of her elders/relatives/ friends / sister(s)/counsellors and find amicable settlement. 

Rihan   03 January 2019

Mr Raj,  your situation and my situation is similar. My wife asked me to separate from my parents , i did not  agree. One  fine day she left the baby at home ran away to  her mothers home.  She filed  498A, DPA, MC on me and my family. We have struuggled for couple of months until gets the bail. At the time of filing case she  said, she dont want husband. After 2 years now she is saying she wants husband.

You dont worry, let her  file the cases. They have right to file cases  within 3 years of separation. No one can stop her. It  is  her responsibility in court to prove all allegations which is impossible if  it is fake case. 

If she files case, hire  good  lawyer get the bail. Let her suffer, she  has  to roam around courts. You enjoy your life.  This is what  happening in this generation. Good luck. 


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