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Wanted to file for divorce as wife not getting ready to come back
25-Oct-2023 (In Divorce Law)
, I filled for judicial separation in Delhi. I tried to a lot with my family to convince my wife to come at home. But she doesn't understand it and response. She wants divorce and even I want too but they demand unnecessary money for mutual consent. My lawyer advised to file judicial separation which I did. Her father has given x amount transfer into my account at the time of marriage which was for marriage expenses. Now they are saying they have dowry which is not true. Here I m trapped I know they have the proof the bank statement. I also had a chat with my wife stated that I will give the amount what ever they have given..but they demanding 4 times more amount they have given which I can't give . I fear of 498 a . My lawyer suggested , nothing will happen. We can get bail immidiately. But I don't want such situations. Pls suggest how this can be resolved. My marriage happened in Nov 2016. Also want to know ...if they can file for divorce in Jaipur in this case
Hi
1. There is no immediate arrest in 498A IPC. Police will take due course.
2. Whatever defence you have with regard to dowry can be proved before court only in appropriate proceedings.
3. If there are no signs of cohabitation, you can move forward to file divorce.
4. If she is residing in Jaipur or you last resided together at Jaipur or your marriage took place at Jaipur, Yes, divorce can be filed at Jaipur.
5. Criminal complaint under S. 498A IPC can be filed by her.
With due respect to your counsel, anything can happen. She has rights.
1. There is no immediate arrest in 498A IPC. Police will take due course.
2. Whatever defence you have with regard to dowry can be proved before court only in appropriate proceedings.
3. If there are no signs of cohabitation, you can move forward to file divorce.
4. If she is residing in Jaipur or you last resided together at Jaipur or your marriage took place at Jaipur, Yes, divorce can be filed at Jaipur.
5. Criminal complaint under S. 498A IPC can be filed by her.
With due respect to your counsel, anything can happen. She has rights.
Helpful?
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16+
Adv. Dev Rishi
Delhi | 25+ Answers
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Hi,
In your case, you have to prove why you have taken that money in your account for eg for what work you have taken this money. After proving this you don't have to bother about dowry proving.
And for 498 A, your in laws have to prove the occurrence of the cruelty , a y giving past FIR and MLC report of the hospital. So don't worry about the same.
Hope this will resolve your query.
In your case, you have to prove why you have taken that money in your account for eg for what work you have taken this money. After proving this you don't have to bother about dowry proving.
And for 498 A, your in laws have to prove the occurrence of the cruelty , a y giving past FIR and MLC report of the hospital. So don't worry about the same.
Hope this will resolve your query.
Helpful?
17+
17+
Adv. Deepak Gandhi
Delhi | 100+ Answers
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