How can I save my marriage in this case

959 votes

Hello you are not clearly stated that your marriage is love marriage or arranged marriage? You are also not stated that what is family disputes between you are with her family? But if you interested with her what steps you have taken? Ple clarify then only I will clarify whether she files a case of 498 A valid or not?

Advocate Kondaparthi Srinivasa LawRato

983 votes

Even though she is living apart since long time she can file a case under section 498A, but the same must be proved. Before she file a 498 A case or any other relief/ claim better u file a petition for resolution of conjugal rights before the family court.

Advocate Durga Prasad LawRato

696 votes

Hi according to your query you file first Restitution of conjugal rights that is the Under Hindu marriage act 1955 gives you remedy in the form of section-9, this section reads if any of the spouses withdraw from the society, then the aggrieved party can file this petition, so do not worry about this you file the case in your jurisdiction court, and before filing the case take the evidences in which organisation she is working and submit all those details in the court also, so that further she can not claim maintenance from you, and coming for the section 498a, if she files the case also it can not be withstand in the court.

Advocate Bala Murali LawRato

550 votes

Dear,

Now a days it is difficult to get an FIR registered under 498A IPC even when husband and wife are living together. As you said that your wife left you after 2 months of marriage, there is hardly any ground for her to file a complaint and get the FIR registered. If at all, she lodges a criminal complaint against you, the police have to forward the complaint to family welfare committee and they will conduct an inquiry into the veracity of the allegations and if there is any ground or necessity for registering an FIR, they will send a report to the police which in turn will register an FIR. After this, police will send you a notice and you can appear before the police and take station bail and you are free till charge sheet is filed and once the charge sheet is filed, contest the trial and get acquitted from the case. As you said that you want your wife then without thinking about her lodging a complaint against you, send a notice to her through a lawyer and ask her to come back to you. If she doesn't come, file a petition for restitution of conjugal rights in the family of jurisdiction.

Advocate B. Srikiran LawRato