False 498a raised against me
After attending counselling session for more than a year, me and my family has finally received anticipatory bail from sessions court last week for false 498a dowry case filed against me.
In the Order copy, few of the points mentioned by session court Judge are,
- "The counsel for the Intervener submits that the petitioner is willing to live with the defacto complainant (which is my wife) in a separate house, however he has not come forward to arrange a separate house, already a case is pending between the parties at Family court".
- "Considering the nature of relationship, this court refer the parties to the mediation centre pending in inquiry on this application. The mediation centre sent a report stating that mediation efforts have failed"
I would like to have your sincere suggestions on the points below moving forward,
1. I am not feeling secure with my wife and feel threatened by her (as one of the reason she claims always is, that she can ruin my life as her father has worked as jail warden before and has got very good contacts in police), and also i know very well that she is after my money.
I am not willing to live with my wife, and want to proceed with divorce as per muslim law.
Will my anticipartory bail get cancelled, if i proceed with divorce?
As i have mentioned above, in order copy, one of the points mentioned is pending family case in court which i have raised long back asking my wife to stay with me in my home. So my worry is, if i proceed with divorce, might be the bail get cancelled not sure, need your suggestion.
2. Should i keep the case which i have raised in family court as it is? Initially when my wife raised false dowry complaint against me and my family, i applied a petition in the family court, asking her to live with me in my home, but after going through all these mental and other torture/stress for more than a year, i have made up my mind to not to live with my wife and want to divorce her.
So my question is, cancelling the family court case will cancel my anticipatory bail? I really worked hard to get anticipatory bail for myself and my family (including my mother and my aunties who all are aged above 50/60).
3. The final point, once i apply for divorce, can my wife or my baby(in future) claim the property which is in my parent's name now?
My wife stayed with me only for 6-8 months and left my home, and we have a 1.5 years old baby now, and myself and my family never took any money from my wife and her family. My wife is working in IT sectory company and earning close to 4-5 lacs per year.
We (myself and my brother) recently bought a property in our parent's name, so can my wife/baby claim this property or file case legally?
Also, I had a property before my marriage in my name, which i have recently transferred to my parents name (only reason my father is dumb and deaf by birth, and mother, and both are dependent on me) through settlement deed.
Can my wife/daughter claim or file case on this property?
Much apprecaite your response.