- This topic has 23 replies, 13 voices, and was last updated 1 year, 2 months ago by
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CSo my friends wife left the house 6 months ago and has taken all her stree dhan with her. She has also done this before and her father had demanded money and had some conditions to send her back. My friends family had accepted the conditions to bring her back but her behaviour does not change. She lives in her maika only. Doesn’t want to come back. She insisted on mutual divorce earlier but not has backed off. Our guess is that she would want to file fake cases as she wants to harass the family and will get alimony.
Should we send her a legal notice?
What should we do in this case?
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ENot a lawyer
.If case happens, then it will be difficult for your friend to be safe. As 498A is a very serious offence. It’s even equal to charging someone with murder.
As for what to do, propose marriage counseling for both husband and wife. This will show that your friend is actively working on keeping the marriage.
Moreover, it will be beneficial for both of them and will get a better perspective on differences and how to handle those.-
CWife is unwilling to participate in anything. Their family has tried to make several attempts to bring her back but she has always blackmailed them tried money extortion.
In this case, Bringing her back is more dangerous because then she can frame the family for anything. As of now she doesn’t have anything but we have recording of her and her dad giving threats and abusing my friends family.-
EThreats and all is ok. They won’t do anything to you.
Does your friend got in recording that they want money and only then she will come back?
What exactly is their demand??
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CYes, we have her fathers voice recording in ehich he is saying that I will send her if you send so and so amount
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CWife is unwilling to participate in anything. Their family has tried to make several attempts to bring her back but she has always blackmailed them tried money extortion.
In this case, Bringing her back is more dangerous because then she can frame the family for anything. As of now she doesn’t have anything but we have recording of her and her dad giving threats and abusing my friends family.
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HNAL
Your friend has little hope to win this whole thing. The only thing he can do is collect as much evidence to prove that her 498A is filed on fake pretenses (if she goes that route). Sending her legal notice before she does anything would only make things worse for your friend. If she’s up for mutual divorce accept it as that way you might plead the judge for a lesser alimony (though chances of the judge listening is slim). Or if your friend has money then simply bribe the judge (yup, that also happens in lower courts. It might cost a decent sum of money but not as much as what your friend will pay to his ex throughout his whole life)
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GIf your friend doesn’t want her any more,
Apply for divorce in the court. Then 498A can’t sustain.-
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GYou can’t stop them from filing a case and even no one can.
But what happens, once you apply for divorce, it becomes like civil matter and even if an FIR is registered under section 498A IPC, it becomes weaker and it can’t sustain..
If required you can approach the state High court to quash such 498A registered FIR, since it is lodged post filing divorce case.
Finally: it makes things better,man.
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CSpeaking as someone who is facing false 498a, i would advise go for mutual divorce. But if you do not see mutual divorce happening, go ahead and file divorce on grounds of cruelty in family court. Hire a lawyer for 498a, mostly 3-4 times you need to go to police station, no arrests will happen and anticipatory wont be necessary. Further, at the time of filing chargesheet, you will get bail. Then cases will go on, but life will get normal, just keep looking ahead.
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DHi. I’m a Delhi based lawyer, with extensive experience in matrimonial matters. You can unilaterally file a divorce petition, besides taking some other pre-emptive steps for your protection, if you have any evidence to show to the police. The divorce petition can be filed only after a year of living apart, so see what more you can build in terms of evidence against her, to produce later at the time of divorce.
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RLawyer fighting for Male Rights here.
I see people(non-lawyers) suggesting bribery of Judges. Well firstly that’s an Illegal advice given on a legal sub.
Secondly, Bribery of Judges can be a solution but hiring a good lawyer at the initial level is most important as he prepares your case and adorns the facts with crucial evidence. The Judge can take money and silently ignore your part of evidence and write a judgement based on the evidence given by the other party. But it doesn’t last long as there is a right of revision/appeal, the judge changes but the file remains the same having more documents at Appellate level.
Therefore, hire a good knowledgeable lawyer to build your case at the initial level.
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PSince she has not filed any case or not approached the police, there’s not much you can do at present. You can give a statement to the police, if the conversations are recorded where there are specific threats.
Your friend can file a Restitution of Conjugal Rights suit asking her to get back to him. If she refuses, he can file a divorce case later. [https://divorcebylaw.com/restitution-of-conjugal-rights/](https://divorcebylaw.com/restitution-of-conjugal-rights/)
He can file a contested case, if she isn’t willing to get back or not responding to the RCR orders to cohabit. [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
Meanwhile, let there be recording of all the conversations, which will help in criminal cases, if filed by the wife. [https://divorcebylaw.com/cruelty-against-husband/](https://divorcebylaw.com/cruelty-against-husband/)
For further clarification contact us [https://g.co/kgs/ZHwbVjN](https://g.co/kgs/ZHwbVjN)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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