Legal Question in Family Law in India

Our marriage did not work out very nice, my wife's basic nature is to fight with everyone, very unpleasant personality, greedy and a very mean woman. Even children in my house are not spared.

after 16months of marriage we separated for 4 yrs almost. My wife & her parents however insisted to take her back, but I was adamant that I do not want her back.

I was the one who first filed for divorce, on which the girl filed a several cases

like 498, and more.

we fought case for almost 3 yrs.

now we arrived to a mutual compromise as she agreed to be mild and sober.

she & her parents also confirmed to take back all the cases and asked me to withdraw my divorce case.

so we decided to give another chance to our marriage.

therefore I brought her back to Mumbai (from her parents Village in U.P)

I have taken a house on rent (not in my parents house)

we are living together since Feb 13 2011 but nothing has changed in her nature, she is still very greedy and keeps asking me to bring gold from my parents house, her saree's, her clothes, even small things like center table & cupboard, spoons & cups.........

You can believe my frustration as I am writing to you for help just after a 40days of her arrival back.

I told her we can get everything back once all the cases withdrawn. And I can buy her everything slowly. But She is absolutely unbelievable.

Abusive to even my little niece/nephew......curses them throughout the day.

IT IS UNBEARABLE FOR ME.

but she threatens me of keeping her, as she can file more cases against me under ipc.

Besides, right from the day 1 she arrived to mumbai, she asked to stay physically away from her until the cases are withdrawn....however that is not an issue with me, but just a question if that can create any problem for me in future as the cases are still not withdrawn.

I think she is come back only to gain things back, my brother's property.

She doesn't want divorce, because she knows I am the golden hen for her.

But she is also not willing to take back the cases and they are delaying the matter by saying

the Judge is going to be replaced in April and then they can put in papers, which will be early May.

I cannot bear her as you can imagine.

In short my questions are:

1. What does a law say, when a girl files a false case of 498 and other cases of harassment and still agrees to stay with me, while she is still fighting the case?

2. What are essential precautions I should gather until May, If they do not withdraw the cases?

3. Will not having physical relationship cause any kind of damage to my case or it is a good point and can put weightage while fighting the case against her harassment case?

4. Can she claim for my brother's property which was initially on my name, but since I lost my job and paid only 4 EMI's and then I asked my brother to pay the rest of the amount and changed the flat on his name.

Please help me.

I thank you to read me throughout - I know it is indeed a long letter.

Regards

Mr. Dubey


Asked on 3/22/11, 7:10 am

1 Answer from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

Your case u/s 498a and 406 can be withdrawn or quashed before the High Court only u/s 482 Crpc and e me no where else. I have few questions to ask you to give my legal opinion .Give me a call and we can discuss.

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Answered on 3/22/11, 11:27 pm


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