My wife and her father cheated me while purchasing land in her native

1. Yes! Your wife may file 498A against you and your family. You don't worry because you are having all the evidence to show otherwise.

2. You cannot file a divorce either contested or mutual within 1 year of your marriage.

3. You have to prove that your wife treated you with cruelty. It depends on the merits of your case.

4. If you have filed a suit for specific performance of sale agreement. The sellers should transfer the property to you provided you prove to the court that you gave those amounts to those sellers as per the agreement.

You stated that you filed a criminal case against your FIL and 3 sellers. You may also file a criminal case against your wife and FIL for cheating and criminal breach of trust. If the police do not register your case, send them a copy of complaint through a registered post and also send a copy to higher authorities like SP 

I did not understand why you filed a criminal case and a suit against the 1st Seller as he already registered the property as per your directions on the name of your wife

1. Yes, your wife can file a 498a case against you,

since FIR is registered you can apply for the anticipatory bail to avoid any harassment,

Yes, you can file a contested divorce on the basis of mental cruelty, cheating, etc

3. contested divorce usually take many years for its disposal, and it's not easy

4. recovery of the money depends upon the facts and merit of the case,

if you are able to porove your case, yes, you will get your money back, else NO

Try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish, (since your earlier marriage was dissolved through MCD, therefore, you are aware of this fact)

don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,

some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.

7506552608

Hey,

Your case is about Section 498A Indian Penal Code which states that whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Cruelty under this section implies:

1. any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
2. harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

So, to your 1st question that whether or not your wife can file a case against you under section 498A, Yes, she can. She can do this to build a stronger case as she has the backing of her uncle and has already registered a police complaint. That might further her cause.  

Regarding your 2nd question, Contested divorce falls under Section 13 of the Hindu Marriage Act, 1955. Contested divorce is one where both parties do not come to settle on the same issue unanimously. There has to be an underlying dispute in the marriage, at the heart of such divorce cases (cruelty/adultery/desertion, etc., known as matrimonial offences or crimes relating to marriage). So Yes, you can file for contested divorce on the grounds of Cruelty and fraud. However, you will definitely need to prove it in the court. Since you have registered the property in the name of the wife himself, it can be very difficult to prove it in the court. Contested divorce proceedings take a very long time in court proceedings and are notoriously known to drag on for a minimum of three to four years to get fully resolved in court. Also, contested divorces sadly have a 40% chance to work through.

For your 3rd question, since you have already have filed a complaint, a cheating case (private complaint against father in law and landowners), it might help you in getting the divorce, but the battle will be long.

As for your 4th question, it is very unlikely that you will get your money back through OS suit and cheating case from court. The court even if it manages to grant the order in your favour will not be able to guarantee the money returns. Cases like these become extremely difficult to prove in court looking at previous cases.

I hope this solves your query.

Regards,

Archit.