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.
Your lawyer can very well argue in the court and get the order in your favour.