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Can wife enter 498a convicted husband

Querist : Anonymous (Querist) 22 August 2016 This query is : Resolved 
Hllo
Me convicted in falsly convicted in 498a & filed petition on session judge and principal judge rejected divorce decree on mental ground n cruelity. Now she threatening to enter my house in kota Rajasthan. While case is going on jehanabad Bihar.plz suggest what should my actions.
adv.bharat @ PUNE (Expert) 23 August 2016
No reply to anonymous query.
Sudhir Kumar, Advocate (Expert) 23 August 2016
She has a right to force entry as long as she is wife. Refusal to allow is offence under DV Act.
Guest (Expert) 23 August 2016
Anonymous query. Moreover, mere threatening has no relevance, when she has not entered in to your house.
Devajyoti Barman (Expert) 23 August 2016
aq,no reply..
Querist : Anonymous (Querist) 23 August 2016
Sir plz guide I am paying maintenance money of 7000 RS per month as guided by principal judge for 8 years , and I am convicted against 498a and she threatening to enter my house. How it will come against DV.
Querist : Anonymous (Querist) 23 August 2016
Sir plz guide I am paying maintenance money of 7000 RS per month as guided by principal judge for 8 years , and I am convicted against 498a and she threatening to enter my house. How it will come against DV.
Guest (Expert) 23 August 2016
Any academic query that too by anonymous person does not deserve reply.
Querist : Anonymous (Querist) 23 August 2016
What I have to do
Rajendra K Goyal (Expert) 23 August 2016
No reply to query from anonymous author.
Guest (Expert) 23 August 2016
What your own lawyer has advised you?
P. Venu (Expert) 24 August 2016
If the conviction in 498A is wrong, pursue the appeal expeditiously and get acquitted. Then, and then only, you can take care of other remedies.
Sudhir Kumar, Advocate (Expert) 25 August 2016
Agreeing with Mr P Venu I will add that if you are convicted then on record youare defaulter.

You cannot be allowed to have benefit of your own folly. Similarly she cannot be made to suffer for taking rightful recourse to existing legal provision.

If you are paying maintenance then it is certainly not your magnanimity. No husband normally pays maintenance (many seek advise here how to avoid) unless compelled by law through his nose.

Paying such maintenance doe snot give a license to husband to compel wife to be away from matrimonial home.


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