Please advise - 498a + contested divorce

Dear Mr Manishbhai

Thank u for yr reply Since i did not see those articles and posts here on forum page i wished to go through Can u tell me if i can read them on any other site or which link in this forum 

thank u best rgds

Dr Oza

yes wife has the right to live in her matrimonial home By definition matrimonial home is one where the wife lived with her husband for last six months. There is a judgement by SC that no one can prevent wife from entering the matrimonial home. As per the judgement she can enter the home of MIL if the husband is still living in that home of MIL. If he is shown to be living separated on records then she cannot enter the home of MIL as per another judgement of SC The same has happened in my case. she is allowed to reenter my home after two yrs and 3 months. The trial court judgement in her favour was confirmed upto HC of Gujarat

@ Dr Ojha you can read all my articles on www.mehnat.in

Thanks Rajiv, Manish and Madhu... I am in a state of confusion at the moment. Its only my apprehension that she may try entering my mother's home where I am presently residing as her father is making attempts through our common relatives to gain entry into my home and apologise to us so we accept my wife back. To be honest my wife is a habitual trouble maker,exteremely angry and hyperactive... In the past she broke mangalsutra, abused me and my family in foul language, always intimidated us that she will make sure me and my family is behind the bars. This had happen so many times. She kept leaving my place and her father kept getting her back to my place. As mentioned, at the last instance when my so called wife left my home abusing my parents ( I was out of country) she was brought back by her father after two months. We were not ready to accept her back that time but they entered my house when we had a function at home ( my neice's birthday) and her father and herself started crying and apologising falling on feet of my parents. Thats when she gave my family an apology letter that she abused them and will not do it again in order to have a happy married life. At that time her father also gave an undertaking letter stating hos daughter will not behave like this again and will respect inlaws and husband and lead a happy married life. I notice my wife and her father have big time personality disorder. After she came back she again starting behaving in the same manner. Thats when me and my wife applied for a mutual divorce as we realised we are not made for eachother. By then she was pregnent of 4 weeks and we decided on abortion as the marriage was dead anyway! With the MCD application we also filed a MOU stating incompability, non- consumation of marriage, return of sirthdhan and 1 lakh alimony. The reason we mentioned Non- consumation was because the lawyer asked to do so it will be merit for wife when she remarries again. My wife promised me not to disclosed anyone about abortion.

After applying for MCD without our parents consent, my wife went back to her place. Her father called me to their place to have a discussion. He was very angry on me and threathned me he will spoil my and my family's life by filing cases on us. I just left their place that night and came back home and disclosed my parents about MCD and her father's therathing me about the cases.  Following day her father took her to the family court and made her to withdraw the divorce petition from her side. My application was in the 'SR number stage' where the Petition number was not allocated by the family court. 

My wife was the one who promised me not not tell anyone about the abortion and she hrself told her parents about the abortion. After a month, she filed 498a,406 on me stating me and my family was harrassing her for dowry and we all forced her to abort and file the MCD. In the women's cell they came with a lady lawyer who demanded 25 lakhs to take the case back and she mentioned my and my wife can again go to the court and apply for MCD once I sigh the new MOU stating I will pay her 25 lakhs. I dont have that kind of money to pay and me and my family have done nothing wrong. I got remanded and spend my new year in jail. Came out on AB and family members got their AB after 15 days as they absconded. We never demanded any dowry or harrsed her. I have a simple sweet family and no one in life have seen the police station or court. We treated her so well and we got this crap in return.

Coming to the point in any case I dont want my wife to come back into my life and fcuk our happiness. To be honest I felt so releived in the jain when I was remanded. I felt better in jail than living with my wife. Also to mention, my wife mentioned in 498a fir that they give 25 tolas gold, 1 lakhs dowry and marriage expenses were 15 lakhs which is absoluty untrue.They marriage expense was not more than 6 lakhs including everything and everyone knows that. It was a basic marriage fucntion. My family spent more than them in my reception function.. I can't beleive these people are selling their daughters where cops are supporting them to file false cases and extort money. It was like legal kidnapping and extortion of money. But i did not get scared and was happy to get remanded.

Please experts advise me how to I stop my wife legally to enter my house? Though its my apprehension, I want to be safe.. Do I wait for them to file DV protection and make my mom to apply for injunction of permenant restriction or just file it straight away?? I have seen experts like Mr Shonee and others advising on this portal and its very helpful. Please have some insight on my case and advise. Thanking you!

Also to mentioned. After 498a and 406 on me. I applied for a contested divorce on cruelty ground. I stated her abnormal behaviour. Her letter and her fathers letter as evdience of her behaviour. The MCD application number that was withdrawn. The cheque number with which 1 lakh alimony was paid into her account that was recorded in MOU of MCD.

Also as mentioned, The property where I live presently live and me and my wife last lived, was purchased by mother like 16 years back and she is the only owner of it.

You need a lawyer, a good one who can do some counter suits.

File your suit for permanent injunction urgently.

Just ask yr mother to disown u on paper Publish a Public notice in one news paper in a corner only Give copy of the Public notice published in news paper to yr wife through regd ad. U continue living with mother and if u are found in home by them u can say i came to see my mother Keep one Inn room some where, where she will never prefer to live with u Keep that room on rent keep there few of yr cloths to show actually u live there In cases of matrimonial litigations Two points to be kept in mind. The person who is tired exhausted first is a looser. The person who is under apprehension and fear also looses. U have to keep this in mind. Actually the prowoman laws are only APARENT  Really they are against women. If the men dont get exhausted and if the matters are contested fully then women are always the loosers Dr Oza 9427217280

no need to disown u, as advised by mr manish..............just ask ur mom to file an injunction suit.....

No law can give her protection order to stay in ur moms house.....u take 1 small rented accomodation outside to show that u dont stay with parents now and make a rent deed as proof..........nothing else reqd.

Write to Shonee Kapoor, he can make your mother's petition even if you continue to live with your parents.

Sure Manish Saab, I have written to Mr Shoone Kapoor asking for petition format. Hoping to get the same soon so I can ask my mother to apply for the injunction. Hoping Mr Kapoor sees my post here also so he knows the background..