IPC 498A case ongoing vs Sec. 9 HM Act Petition by Wife IPC 498A case ongoing vs Sec. 9 HM Act Petition by Wife

2 years ago

IPC 498A Case by Wife (absolutely false allegations, petty issues after 10 yrs of marriage) is still going on. Evidence not started. Am on Bail. My Wife (at present in parents house) filed Sec.9 HM Act in Fmly Court seeking conjugal rights to co-live with me. I had suggested that first she should File Application in High Court for ending proceedings in Trial Court, but she is not willing. Until 498A case ends, and I am declared Innocent, I don't want to co-live with her. My Queries:
A) In the above scenario, can Wife obtain a legal order of conjugal rights? Does the Fmly Court take note of husband's dilemma?
B) When I am in mental torture, how can I co-live with her, psychologically?
C) What is my defence, best remedy for not co-living?
Will be Grateful for experts' advice. Regards.

Abhimanyu Shandilya

Responded 2 years ago

View All Answers
A.If she is not going to take back or help you in quashing the 498A case then the court should understand your predicament when your lawyer keeps the point straightforward to the court. It is like she wants to eat the cake and have it too. At one hand she wants to send you to jail and other hand she wants to live with you.
Your lawyer can very well argue in the court and get the order in your favour.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconFamily - father has reduced age in aadhar card
Dear Client, Your oral admission before the officials regarding your age if not supported by substantial evidence or proof, your age/DOB as appears in your Aadhar Card shall be considered as your pres...
question iconWife name
Dear Client, Changing your spouse's surname post-marriage is not legally mandatory in India. Even, women don't need to change their names/surname on their passports after marriage. It is believed tha...
question iconMarriage dissolution
Dear Client, Section 12 in The Hindu Marriage Act, 1955 prescribed the grounds for voidable marriage. A marriage can be held null and void if the respondent was impotent at the time of marriage and at...
question iconMarriage Issues
Dear Client, Your query requires more details to address it suitably. You expressed your situation but not a cause of action that attracts a legal remedy. It is a virtual platform where in the absence...
question iconWife name
Dear Sir, It does not create any problem as in most cases in India even after marriage the surnames will not be changed and it is understood.