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
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.
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 4 years ago in Family Law from Kanpur, Uttar Pradesh
Whether you want to take divorce or not. If not then file suit for Restitution of Conjugal Rights and everything falls into place.
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,
Advocate, New Delhi
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
Thanks to all of you for your valuable suggestions-
(1) I am not willing to continuing with her, she has totally destroy my life. she was in touch with me 6 month before the marriage ( from, June 2012) but she never informed me about her relation. After marriage I have compromise with her when she and her family promised me for not continuing any ill relation but she continuously cheated me and not finish her relation. Now I have no faith on her and I am sure that now we can not live happily together. so I dont want to file RCR and I am sure if she come back to home she will do something wrong and I will be in great peril then it will be hard to face that situation for me.
(2) I have proof but I am not sure that I could proof that these are after marriage because on proofs dates is not mentioned.
(3) My wife wants that divorce case file form my side, her family also said to file divorce case. I have also communicate for divorce on consent but they are forcing me to file divorce on your end and then they will consent on the same.
(4) I want to know that there is any "time limit" for that time period service provider maintain records and after that they delete data. suppose I will ask for I year back records then they will provide me or not ?
Asked 4 years ago
better go for mutual divorce
Advocate, New Delhi
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.
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
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.