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Wife demands to live together but I don't as for what she had done. nWhat if I accepted her, can sh
11-Jul-2023 (In Divorce Law)
Wife demands to live together but I don't as for what she had done. nWhat if I accepted her, can she file those cases again in future in reference to those already made up allegations by her? nOr whether she requires to create new evidences for cases like DV etc.nI just want to get rid of present cases as she included my family nAnd what would be the exact period or period of new allegations for new cases by her if we go for reconciliation.nnHope I tried to make you understand
That depends entirely on you and your understanding of her and yes it is possible that at times, reconciliations are made to generate more and proper evidences and to make it seem as a repeat offense too. But again, you alone can discern the intentions based on how well you know her.
And if at all you’re to reconcile then before you get your case quashed you better make her admit that the allegations that were so leveled against you were false & frivolous (although the chances of her admitting this and making this a part of plaint is near impossible).
Please feel free to reach out if you so require any assistance.
Regards
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Adv. Khalid Akhtar
Adv. Khalid Akhtar
Delhi | 50+ Answers
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If your wife is willing to come to your matrimonial life then she has to first of all execute a settlement deed in which it will be written that all the pending cases will be withdrawn and will not do any civil or criminal cases in future. This deed will be signed by both of you along with witnesses and notarized. And if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Adv. Jitender Singh
Delhi | 1000+ Answers
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You can file divorce case straightaway if you dont wish to live with her. Suppose you go through the trial of all these cases which are presently going on between all of you and you come out clean then you can get divorce on the basis of cruelty as she labelled false allegation not only against you but your entire family.
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Adv. Rajiv Rekhari
Adv. Rajiv Rekhari
Delhi | 100+ Answers
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Unfortunately, there is no exact time period after which she can file those cases. She may file them the next day she joins you again. It's better to get a memorandum of understanding signed by you both in which it is specifically mentioned that you both won't initiate any case related to maintenance or dowry after the reconciliation. It is pertinent to note that you can't put any restriction upon her not file a domestic violence case or divorce case against you as it would make the agreement void ab initio. For better understanding you may consult me.
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Adv. Puneet Srivastava
Adv. Puneet Srivastava
Delhi | 700+ Answers
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Dear Client
In the above situation, it is better to settle disputes mutually. However, given the position that an FIR has been lodged, will need to explore the possibility of getting the offences under the same compounded. Since an FIR once lodged, it cannot be taken back, even by the complainant.
Feel free to reach out for further discussions.
Regards.
Adv. Abhinav Sharma
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Adv. Abhinav Sharma
Adv. Abhinav Sharma
Delhi | 700+ Answers
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