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Durga Prasad (xxxx)     30 May 2012

Wife refusing to cohibit or give divorce

Hi everyone,

I got married on 1st march 2007 and have one girl child who was born on feb 2008. Due to minor differences after the birth of child she started harassing me by telling that she will put dowry case if i refuse to listen to what she say. Since I didn't know rules i used to listen to her. Once she asked me to not give money to my mother for that i refused. She got angry and quarrels started from that day.

In october 2008 she filed a 498a on me and my brothers and mother. Thanks to police inspector, FIR was not registered. But she forced me to send my mother outside. In order to solve the issue i took her to different place. We stayed there for 1.5 years. During her stay in that place she used to come to her mothers house once in 15 days. In july 2009 she give it in writing to police that I'm looking after her well and she is ready to take back the case.

In december 2009 she forced me to give money for studying some course. I told her to take a loan from a known person hers(not from her parents) as i did not have money at that time. I also asked her to postpone that for one year. She refused to give up and did it. During that time due to angreyness i asked her to take divorce. I did so because i'm sugar and diabetic patient and my health was going down. I realised my mistake and after sept 2010 i did not ask her to give divorce. In fact i'm pleading her to come with me from that period. Now she is putting a condition for her return. Her condition is I have to give money to her every month which is 5 housand more that my monthly salary. If give her atleast what i earn i will not be able to pay income tax and my daily expenses. She is also earning 20k per month which she dont want to spend.

She is not with from Dec 2009 to till day. 

Through mail I requested her to come to me and requested her cooperate for s*x. All time she reused and said she has her own reasons for all these. Now She is claiming that my mails have created cruelty. She is demanding that they have given dowry and said she is having proofs. I have not taken any money from them. I have transferred 49k for 3 banks after the marriage which i have taken from my friends. WIll she use this for proving dowry? How many ways are there to prove dowry given(which is false).

How i should proceed? Will she file 498a and DV case if i send her divorce petition? Is there any chance that I will be arrested. Is it necessary to take anticipatory bail before divorce petition?

thanks

praveen



Learning

 5 Replies

Durga Prasad (xxxx)     30 May 2012

Can I file a defamation case if my wife fails prove that I have taken dowry? Can I demand money for harming my name due to false case as she is earning.

sri (ceo)     30 May 2012

s

Anjuru Chandra Sekhar (Advocate )     30 May 2012

Can I file a defamation case if my wife fails prove that I have taken dowry? Can I demand money for harming my name due to false case as she is earning.

 

Don't think about these questions.  You should think about these questions after completion of proceedings (if any) relating to S,.498a and all.

 

How i should proceed? Will she file 498a and DV case if i send her divorce petition? Is there any chance that I will be arrested. Is it necessary to take anticipatory bail before divorce petition?

 

There is a possibility that she will file 498A and DV case if you file Divorce petition.  There is possibiity that you be arrested and also the co-accused (if any).  It is not necessar to take AB before divorce petition but if you apprehend arrest filing of case by your spouse, you may apply for it.


(Guest)

F**k her life if she tries to do so.....................and tell her straightforwardly that if she messes with you or any of your family members then in that case you will make her life hell and you also ask for maintenance as you are not earning as she is earning demand money from here. Now you demand more, if she never comes to you on a particular date which you have told her then tell her that dont you ever come again in my home, i can manage without you and i am not dependant upon you................................Just be bold and tell her that if you have found a new man in your life then go and marry him, and do what you say...................if she do not do what you say then in that case tell her to immediately vacate your home and file a complaint towards local police station


(Guest)
Let u think, if she is visiting her mother regularly why u kept ur mother away. If she is still without improvement then bring ur mother back. Ur mother is also ur responsibility. Dont give chance ur wife to ruin ur life.

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