False 498A case against family and husband &false impotency case against husband
4 years ago
Hello Sir/Mam
I seek legal advice in case of my cousin brother's marriage (country - India, religion - Hindu).
My cousin brother (age 35) got married in Jan 2019. Both husband and wife (age 34) are graduate but not earning (jobless).
His married life was good until 2-3 months from the date of marriage.
He got some health issues and probably due to miss treatment ( as well as due to the psychological stress), it resulted in impotency. His wife and her family believe that his impotency cannot be fixed by treatment (just within 3 months of the treatment). And she wants to divorce.
his wife and her family want following in form of maintenance.
1) They want to fix monthly amount till she gets re-married
Note: Both husband and wife are graduate but are not earning (jobless). The husband doesn't possess any property on his name.
2) They want a share in bank balance posses by husband's mother
3) They are also asking to reimburse the marriage expenses incurred (Like - marriage hall booking amount, dinner amount, etc.)
4) They are also claiming on all the pieces of jewelry given by husband's side to the wife as gifts. They also want back all the gifts given to the husband by them as well.
5) They also want an affidavit signed by the husband that he will not re-marry any other girl later on.
They also have lodged police complaint claiming that the husband was impotent from childhood and the husband and his family hid it
Also, have filed a false 498A case, and mentioned that all the pieces of jewelry are taken by the husband's family (however, truth is that all the pieces of jewelry are with wife).
Police have called for a statement.
What should be the statement by family members (some members state away) and husband
Please approach the High Court and get stay of FIR.
Suneel Moudgil
Responded 4 years ago
1. if he wants to rejoin matrimonial knot, then,
try to settle the matter amicably with the wife involving elders/relatives/friends etc and take her back, and start afresh, and, if, failed, file Restitution of conjugal rights petition in the Court,
and,
2. if he wants to terminate the matrimonial knot, then,
try to settle the matter amicably with the wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
if failed, he has two options,
one option is to,
file contested divorce on the grounds of mental cruelty, but it will take around 4-6 years,
also once he files contested divorce she will surely file/claim
498a complaint (already filed)
Domestic Violence case
maintenance,
so be ready for them too,
and,
the second option is to
file Restitution of conjugal rights petition in the Court, to show his bonafide intentions to save the matrimonial tie, however, he can withdraw the same any time,
RCR will work as a safeguard to 498a, maintenance, DV, etc
a thorough reading of FIR would help in drafting the statement to be given before police
Call/mail for a detailed discussion/understanding
Aryan Kumar
Replied 4 years ago
Thanks a lot sir for the details response
Suneel Moudgil
Replied 4 years ago
welcome
Wrong address
live in relationship
NRI fraud
Spouse having affair in her office
Divorce
