• Threats for 498A and other dowry cases

First of all I want to say sorry for a long description but I thing this is good for a better understanding of situation


Basic Intro-  

I am s/w eng from Noida . I am basically form Kanpur(UP) and my parent is living in hometown.
Wife is an MBA and was working before marriage but not now (as per my knowledge), now she is doing BTC form kanpur.

My portents(both are senior citizen) has two children me and my elder sister. Sister has been married and she is living with her family in different city.

Problem description- 
married on Jan 2013, she stay with me till July 2013 after that she is with her patents.
the reason for desertion is her affair with another guy (she accept it and also I have proof of her affair),  she was continuing it after marriage .
as per her this marriage was forcefully done by her parents, 

MY wife is separated from me (living with her patents) from past 1 year. I have tried to solve out problem through talk  
with her family but everything in vain, In April girl came with her family along with some other people (aprox 10 ppls) and forcefully entered in home in Kanpur, 
that time my father was alone in house . those ppls misbehaved with my father and put him pressure to let 
her live in the same house , so he called police through calling 100.
They had threatened to ruin our all family members. and destroy us. Instead of all these things I have 
tried for a peaceful solution so I have approach mediation center in our local court (me and my wife's home town is same city)
and apply for mediation.

In mediation - Her family did not take seriously and girl come with only her mother and misbehaved with me 
and my family. (due to her behavior counselor also suggest don't took this lady again in your house other wise 
u will be in pain), her advocate is trying to cancel mediation from starting but there is a next date in July
(It seems last date bcos they are not in mood for a solution)  

she is threatening to file 498A, 125, DV  and other dowry cases, It has a great chances  too. So I want to prepare myself for facing these cases.

Need suggestion and Advice-
1.  I have 1 month time( till last date in mediation in july ) to prepare my self. so please suggest 
how to prepare myself for dowry cases. I am very much afraid for my parents because they are targeting 
to my parents and their property. 

Property matters- As I suspect the main motive behind the dowry cases is property and money.
The whole property is earned by my parents (not ancestral) and in their names so should my parents 
need to disown me from their property.

2. What steps we should take for facing 125 maintenance case (should I take any loan ..)

3. How can I manage to get call details of her and her bf from 2013(after marriage). I need to produce it as 
a supporting proof if I have to proof her relation with guy after marriage.
should I contact service provider with a request to not delete records for these numbers and provide when it 
need for judiciary purpose ,OR there is any way so i can find call detail when it need to produce
Asked 2 years ago in Family Law from Kanpur, Uttar Pradesh
Religion: Hindu
Whether you want to take divorce or not. If not then file suit for Restitution of Conjugal Rights and everything falls into place.
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
5.0 on 5.0
What have you decided about your marriage  whether to continue or to end? To avoid and make her any initiative, better you should file RCR if want to call her back ,if not then file divorce on the grounds of cruelty,etc.Property is self acquired so your father is the owner not you,she can not claim it. you may take anticipatory bail for, If she files any criminal case like 498a,406 etc,
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1) you have saiad your wife was having an affair after marriage and you have proof of the same 

2) file for divorce on grounds of adultery and make her lover co respondent . 

3) gather all evidence of her affair with the help of detective agency . 

4) since your wife is highly qualified and a MBA she wont get maintenance . gather evidence about her employment 

5) you wont get her call records . the service provider will only provide details of numbers your wife has called only after court orders . details of conversation you wont be able to access
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
better go for mutual divorce
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
To avoid hassles best thing would be to go for mutual consent divorce.  Contested divorce takes a longer time and that too proving adultery is not that easy, because such an incident takes place within 4 walls. The service provider maintains previous call records for 1 year.
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
5.0 on 5.0
1) i have already advised you that service provider wont furnish you any of wife call records  data . you will need court orders to access the same . 

2) if you dont want to stay with your wife file for divorce on grounds of adultery , mental cruelty .you have to make out a case and prove those allegations  

3) contact a local lawyer . divorce petition filed by you can be converted into divorce by mutual consent
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1. Collect all evidence of her affair with the other guy. You can audio record her admission,

3. Service provider will not provide you with the call details without Court order & Court will not  pass such order that easily,

4. You can file a divorce suit on the ground of adultery with all the evidence,

5. Engage a local lawyer having expertise in the field.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0

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