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Palash Mukherjee (Executive)     09 October 2012

Regarding 498/498a/406

My wife is staying at her maternal home since august 2012 since she deliberately denied a normal conjugal life to me and declined to consummate the marriage. She left her matrimonial house on this issue. A legal notice was served by her advocate few weeks back in which she asked for reconciliation of marriage tie to which i responded favorably. Since then there has been no communication from the other side. The streedhan of my wife is with us and she has not yet asked for it in writing. my first question can the other party file 498/498A/406 case against me and my family at this juncture? If so on what ground? My second question when she has asked for reconciliation, shouldn't she first clarify to me in writing whether she wants to a  reconciliation or end the marriage before asking for her streedhan to be given back? Is she required by law to do it or not at this stage?



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     09 October 2012

Dear Mr.Mukherjee,

 

The fact that she has sent you a legal notice expressing her intention to reconcile, does not oust the applicability of 498a, 406 cases though would greatly dilute it's rigour. As regards Istridhan - that being her absolute property she can ask for it at  any time and not necessarily when she insists on ending the marriage. A concrete opinion cannot be rendered in absence of a perusal of legla notice and reply.

 

Good Luck !

 

Bharat Chugh

Advocate Supreme Court of India

reach me at : bharat.law06@gmail.com

stanley (Freedom)     09 October 2012

I agree to Mr Bharat and along with it be ready for a DV case where in you would have to pay maintanence etc i hope so by mistake you have not loaded the gun which would add to additional  maintanence when the new one comes and than you would have to fight another battle for visitation :)

wasim ahmed khan Advocate (lawyer)     09 October 2012

Mr. mukherjee

If  your wife is not responding positively despite sending a legal notice to you for reconcillation of marriage, it has to be presumed that she is not interested to continue the marriage. Therefore before suffering any   adverse legal action from her side, it will be better if you approach a lawyer and send legal notice to her reiterating the facts which took place till now, with a demand   for restitution of conjugal rights or for dissolution of marriage, as the case may be.  This move on your part will definitely weaken any speculative case if filed by her in future. Its better to remain vigil then to keep quiet.

                                                                                                                                                 Wasim Ahmed Khan

                                                                                                                                                 Advocate High Court of Ap


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