Legal Question in Family Law in India
Sir/ Madam
my cousin brother got married in the year 2010, he is working in abroad,after marriage only 45 days he is with his wife. this period his family life is not happy she try to avoid him all the time. he inform her family before the marriage he will get family visa after 6 months of marriage his wife accept this. when he got the family visa she is not willing to go to abroad. she usually use uncivilized languages with him and his family members. she compelled him to buy land, house & car on her name but he refused that.but when he came an emergency leave he buy a car and gave to her, when he gone back after the leave she sold that car with out inform him.
she kept all her jewellery in bank locker and the facility made as mutual access , when he went back abroad she took the ornaments and kept in another bank and take loan on that. loan taken amount she put in an cooperative society as fixed deposit on her name and compel him to pay for the loan. she buy another ornaments on loan and pay it buy the interest and the money send by cousin, after 18 months of marriage he released that her wife is cheating him she only needs money from him.after that he don't send money to her. then she started problems for the full family.she field fake case against cousin and family members.
only 45 days she is with my cousin in his home after that she went to her home when he go back to abroad, after that she didn't came to his home in this 3 years. she demand 10 lack for a mutual divorce we are not willing to pay money to her because she cheated us she is having another relation from the school days. he is helping her in all the issues this person also spoiled another girls life the same situation happened to that girl also,but she got divorce in 3 year back.
cousins wife had 2 engagements before the marriage. the 2 men don' t marry her they got information of her relation before the marriage but unfortunately my cousin felled in her trap. cousin came for 3 months leave, for his brother marriage she gave case against him
case 1 - in women's commission
but they found her case is fake after that she don't went to there.
case 2 - in legal authority
from there also she don't get her favor.
case 3 - 498 A
the police called cousin and relatives to station(no one got arrested) , her mother gave a statement to police that all the things she described is fake. but the investigating officer not send the report from last 32 days he keep this pending.now the officer is transferred to another station but the case is pending. but we got the message that she compelled the officer to take action on the marriage day of my cousins brother but they didn't do any thing.
case 4 - in hon: family Cort
hearing will start in next month
my questions are-----
1) How many years will take this case for settlement?
2) is she able to file another 498a?
3) how can we able to file a case against her?
4) can we able to file a case against her Extra Marital Relations person?
5) can we get compensation on this case?
2 Answers from Attorneys
There are so many questions that needs to be answered but before that we need to go through the facts and circumstances of the case so that appropriate legal remedy can be suggested to you.
As per the facts narrated herein, at the outset I must advise all of you to take anticipatory bail. thereafter file a case of adultery on her boyfriend.
1.The time for the amicable settlement depends on how well you negotiate with her for mutual divorce In the family court the contested divorce could take 3 to 4 years.
2. She has the power to file false case of 498A against your cousin and his family members.
3&4 already answered in the initial paragraph.
5. file a suit for damages right now and also file a case after being acquitted in 498A case for malicious prosecution.
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JSR/231013
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