498a/dv cases incuding husband in the complaint is must???

engineer

Hello Experts,

   to file a 498A ,Domestic violence cases does the wife needs to include her husband in the complaint??

or the wife can complain on her brother in law, sister in law with out inclding her husband??

are these cases valid and will these cases stand  if the wife does not include her husband in the complaint and file only on inlaws and brothers in law and sister in law?

Thanks,

Vinay.

 
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there is no such limitation
 
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Originally posted by : vinay_2431
Hello Experts,

   to file a 498A ,Domestic violence cases does the wife needs to include her husband in the complaint??

or the wife can complain on her brother in law, sister in law with out inclding her husband??

are these cases valid and will these cases stand  if the wife does not include her husband in the complaint and file only on inlaws and brothers in law and sister in law?

Thanks,

Vinay.

You exclude husband and file 498a on rest of them still marriage will fail, better to take mutual divorce and move on in life.  He will get married 10 times before you can even think of marrying second time.  In this case girl loses whichever way it is.  Be careful about life.

 
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Lawyer

Answer to your question is "YES" as wife is wedded to her husband and getting matrimonial relations through husband only.

What is the opinion / advise of your lawyer?

 
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Advocate

What is the cause of cause of action or is it just an action for the sake of action?
 
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engineer

hello vashista sir and venu sir 

 Here are the facts

    Married for 24 years and staying from away from inlaws house past 16 years, but in the same town

 for these 16 years we have been living independently, but  my husbands younger brother is staying with mother in law in the same house along with his mother.

 now my mother in law is telling that all the property will go to her younger son, and both mother and son are now planning for property transfer to younger son as he is staying along with mother in law and taking care of her,  we tried to invove elders few times but my mother in law is not listening. 

  all the property is her father's owned and who gave a will on his daughter's name [my mother in law]

  so I file a case on my mother in law and brother in law, I can make them give my husbands share. so without including my husband's name I cannot file a DV or a 498A cases on both of them [Mother in law and brother in law]

 

Thanks,

Vinay.

 

 
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engineer

hello vashista sir and venu sir 

 Here are the facts

    Married for 24 years and staying from away from inlaws house past 16 years, but in the same town

 for these 16 years we have been living independently, but  my husbands younger brother is staying with mother in law in the same house along with his mother.

 now my mother in law is telling that all the property will go to her younger son, and both mother and son are now planning for property transfer to younger son as he is staying along with mother in law and taking care of her,  we tried to invove elders few times but my mother in law is not listening. 

  all the property is her father's owned and who gave a will on his daughter's name [my mother in law]

  so I file a case on my mother in law and brother in law, I can make them give my husbands share. so without including my husband's name I cannot file a DV or a 498A cases on both of them [Mother in law and brother in law]

 

Thanks,

Vinay.

 

 
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engineer

Hello Vashista sir,

    Our lawyer said that if we don't include my husband in the DV/498A cases then the cases may be quashed rightaway as

 me and my hubby were staying independently past 16 years and no financial contacts or any other kind of contacts with the mother in law's home.

Rgds,

Vinay.

 
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