Legal Question in Criminal Law in India

my wife filed false 498a and has now realized her mistake and wants to come back..i allowed her inside my house as my kid was mentally getting effected.i wanted him to get back to normal life and then join him in hostel...she accused me of having illicit relationship and for which i harassed her for dowry .which is totally false as per FIR..where it was proved that there is no illicit relationship as my colleague gave it in writing that we are just friends and colleagues.Now after realizing that she cannot do anything she came back stating that our kid is effected .i cannot forgive her for The defame caused to me professionally and personally.she wants me to compromise but i don't want o compromise as i may loose opportunity to file for divorce.i don't want her to stay with me anymore as it is killing me day by day and am not able to concentrate on anything.she is forcing her self on me and dosent want to give divorce as well .pls help me what should i do..i want to stay with her till my kid is joined in hostel and then get rid of her.she even says that she will not fight the case and not ready to withdraw without me compromising.so i donot want to drag it for a long as am already taken a great hit on finances .pls help to get her out of my house legally..i don't want to do anything which will make her stay permanently in my house.i want divorce at any cost.please i faced through a lot of mental trauma and financial burden

Asked on 8/11/09, 7:51 pm

3 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

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Approach court.

Answered on 8/12/09, 1:11 am

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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as you have stated that you can stay with her till the time your kid doesnt join school, its better if you talk to her for an amicable solution. in case she also agrees, you may seek divorce by mutual consent. the remedy suggested by me in you other post, does not hold good as there is a kid involved. you may settle the matter amicably otherwise it would affect your child's growth. you may choose to file divorce as suggested but you may not be able to snatch her right to residence and maintenance which she is entitled to as per law.

Answered on 8/12/09, 2:16 am

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