Legal Question in Family Law in India
I am from gurgaon working as a consultant with IBM. my family and I sent my wife back to her parents house seven months back. I got married in feb '09 and I seperated from my wife in gurgaon in july '09. I dont want her as my wife as I like someone else. My family and i have been buying time from her family for mutual divorce since the last seven months promising that we will return the 25 lacs that they gave us and also all my wife's jewellery. But we are not interested in giving any money or her stridhan. My wife's family has been hoping that we will return the money, jewellery and clothes and so they have not filed any case since the last seven months. Can my wife still file 498a case against me as seven months have passed since we have seperated and she has still not filed any complain. Has their case now become weak or is it still as strng it was seven months back. What should we do as we are not in a position to return money and jewellery.
1 Answer from Attorneys
Your wife's case is in fact getting stronger day by day. By gaining time, you are self-inflicting injuries on your self and your family. "Cruelty" under 498-A IPC and "Domestic Violence" under the Protection of Women from Domestic Violence Act" are continuing offences.
If your wife or her parents/siblings choose to seek your criminal prosecution, all of you involved in retaining her 'istridhan' and committing cruelty against her may be in deep trouble. You have not mentioned about your parents/siblings living with you in the family. If you are a joint family, your parents/siblings may also face criminal prosecution. In any case, with the passage of time, the chances of your getting bail will be reducing and you may have to spent a longer period in jail unless you settle with your wife amicably.
You should not forget that your wife may also get appropriate legal advice and become wiser with the passage of time. More the time you waste causing her troubles and keeping her in suspense, more strong may be her reaction.
In my experience of 30 years, I have seen that usually delay caused by husbands in situation like yours turns out to be very very costly and damaging in the long run. Either people end up spending long years in jail or they end up paying much more than what they would have to initially. Therefore, in the given situation, your 'smartness' may turn out to be your biggest foolishness.
You are welcome for further questions, if any, to make you understand your situation?.
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