• Divorce, DV, 498a

Hello everyone,

I had married with Divorcee, she was having 4 yrs old male child from Ex-Husband, Now after 1 yr 4 months of our marriage we blessed with our baby boy. 

She started fighting with me for her first child in the manner of importance (Sagga and Sawtela kind of) and also left from my house with her parents with both the child.I never ever behave like that infect I love him(first Child) a lot but as a father warned and slapped him for a misbehavior

We are in separate house from my family so non of my family members are involved.

I never asked single rupees from her and in-laws. 

If she will ask custody of children and I am ready for that.

After lots of discussion with family member’s final decision is Divorce by mutual Consent. So my questions are:- 

1)	Currently she is with her family. What if I will not allow her to inter in my house? (Rented)
2)	If she will file DV so how to deal with?
3)	If any constable or Police officer will come to arrest me or any member of my family based on the complaint and suppose we refuse to go with, so what will happen?
4)	I want one time settlement. What is the process?
5)	How to handle if she will file 498A?
6)	Please guide what all cases she can execute?

Note: - She has already claimed Rs.1 lack from ex-husband for first child and divorced after 2.6 yrs of fighting in court (case was 498A and DV)

If any good lawyer is interested please share your contact number OR call me on 7738116721.
Asked 21 days ago in Family Law from Thane, Maharashtra
Religion: Muslim
1) wife has right to stay in her matrimonial home 

2) if you refuse to permit her she will file DV case and seek right to stay in her matrimonial home 

3) if wife files DV case file detailed reply denying the allegations made and contest the case 

4) there is no arrest in DV case 

5) if wife files false 498A case police will issue notice to record your statement . 

6) you can apply for and obtain AB from sessions court 

7) negotiate with your wife one time settlement amount 

8) you can seek phone consultation with any lawyer on this website
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
Dear Querist
My opinion on your queries are as under:

1)	Currently she is with her family. What if I will not allow her to inter in my house? (Rented)
Opinion: As the matter has been settled for Mutual Consent Divorce then there is no question of entering in your House if not settled with her then if she claim right to residence then she can claim under section 19 of D.V. Act-2005

2)	If she will file DV so how to deal with?
Opinion: Fight the case on merit with the help of lawyer if you are unable to fight your self.
 
3)	If any constable or Police officer will come to arrest me or any member of my family based on the complaint and suppose we refuse to go with, so what will happen?
Opinion: if there is any FIR registered against you and your family then it will be better that go for anticipatory bail before session court or High Court under section 438 of Cr.P.C.

4)	I want one time settlement. What is the process?
Opinion: Appear before the District legal Service authority and approach for mediation.

5)	How to handle if she will file 498A?
Opinion: Fight the case on merit with the help of lawyer if you are unable to fight yourself.

6)	Please guide what all cases she can execute?
Opinion: Contact personally or over the phone with a lawyer.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1. Well, you can not strop your wife from entering into her matrimonial home, at least though any legal process.
2.You have to contest such case on merit. There is nothing to be scared of such cases.
3.The police can forcefully drag you. However do note that in 498A cases the police without talking to the accused person do not arrest them anymore. So even if any FIR is registered you will get enough time to ask for bail.
4 . There is process. One time settlement is possible only if your wife agrees and you also agree to meet her demand.
5. Same as above.Apply for bail.
6. 498A, DV case and divorce suit is likely to be filed.
Feel free to contact.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
1. She is still your wife and has every right to stay at the house where you are residing. You will be arrested if she lodges a police complaint alleging that you are not allowing her to enter in to her matrimonial house.

2. If she files a case, be it DV case or anything else, or anything else, you shall have to contest the same fittingly.

3.If you are arrested by the police, your agreeing or refusing to with the police after being arrest does not arise at all since the police will forcibly take you or whoever  has been arrested along with them to the police station and produce you before the Court for trial and judgment.

4. Since she also agreed for MCD, you can offer her one time payment of compensation for her signing the MCD application to be filed jointly by you and your wife.

5. You should lodge a police complaint in advance alleging that she has left your house claiming huge money from you failing which she had threatened to lodge false 498A complaint. This will immunise you to some extent. However, if she files 498A complaint, contest the same fittingly by engaging a lawyer having expertise in this field.

6. She can file complaint u/s498A  and 406 of IPC and DV case against you. Rs.1 lakh is a peanut to be claimed as compensation now a days. Stay prepared for a much higher amount to be claimed by her as compensation.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1)	Currently she is with her family. What if I will not allow her to inter in my house? (Rented)

your act will constitute a valid ground of divorce i.e. desertion because you refuse her union. in this condition she can get divorce, maintenance or file a petition for  restitution of conjugal right. it is better for you to wait for one year and then file mutual divorce petition. 
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
2)	If she will file DV so how to deal with?
3)	If any constable or Police officer will come to arrest me or any member of my family based on the complaint and suppose we refuse to go with, so what will happen?
5)	How to handle if she will file 498A?

after judgment of arnesh kumar vs bihar no police officer can arrest without permission of the court. court shall give order of arrest if there is prima facie case against you. if she files such case you should contest it because if you successfully prove that it is a false case then you can get divorce and also you will not be  bound to give her maintenance.
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
1. During the subsistence of marriage a wife has the right to reside in her matrimonial home. If you deny her residence she can enforce it through a DV case which you will have to contest on merits.

2. Apply for AB as and when a FIR under 498A is filed against you to preempt your arrest and detention.

3. One time settlement is possible only through mutual consent divorce which requires positive consent of both spouses on all the outstanding issues.

Ashish Davessar
Advocate, Jaipur
18170 Answers
449 Consultations
5.0 on 5.0
1.  You cannot refuse her entry into your house so logn she remains your wife and not legally divorced as on the date.

2.  You have to see what grounds she has pleaded and have to challenge them accordingly on the basis of facts and merits in your side. 

3.  The police will not come to your house to arrest you straightway after receiving a complaint from her.
You will be summoned to police station, an inquiry will be conducted, mediation will also take place and if all the efforts fail they may register FIR, by then you may even obtain Anticipatory bail.


4.  You should talk to her about it and negotiate the deal for OTS. 


5.  Obtain anticipatory bail and challenge her case in the court.


6.  DV, 498a, maintenance etc besides divorce case 


Instead of giving a open call to lawyers of this forum, you may contact one from this forum after satisfying with their credentials 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
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