How exclude my Parents and Siblings against 498A case filed by my Spouse?


We got married Apr 27th, 2009 and having 2 child aged Boy 8 years and Girl 6 years.

Right from the point we got married we have not been staying with my parents but my Father and siblings used to visit us when they need medical assistance.

My father is Dialysis patient, my mother is not fit and my Sister is a, psychic patient for last 4 years.

Many times my wife refused to do service to them when they were visited us.

Now my father is on the bed, can not walk and he need 2 people to support him to go to Dialysis weekly twice.

I requested my spouse to stay with my parents because they need my support but she was refused and she went to her parents home with my child then I went to my parents home to do service for them.

Now my spouse has filed 498A case against me and my family (Parents, 3 brothers and sister)

How to exclude my parents, siblings from the case and how can I get my spouse back or how can I protect myself?
 
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You can exclude your parents and sister by convincing the magistrate that they're too infirm to commit the offences under Section 498A of the Indian Penal Code.

The best defence, however, is to remain unmarried.

It's characteristic of humans to suppose that, for their well being, laws must be misused.

Because laws are pro women, women are ogresses.

Had the laws been pro men, men would have been ogres.

 
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Posted by: Nitish Banka  Categories: Uncategorized 
 

https://youtu.be/ICe0JYNbKv8

https://youtu.be/QYzyUeSNBCI

https://youtu.be/kdQ1GsKBmtQ

Divorce Laws in India -2017 Some changes

Divorce Laws in India -2017 Some changes Waiver of 6 months cooling period

held that the minimum cooling period of six months for granting the decree of divorce under the Hindu law can be waived by a trial court if there was no possibility of cohabitation between an estranged couple and there is a dispute between the husband and wife pending litigation.

The 1955 Hindu Marriage Act provides for a statutory cooling period of six months between the first and the last motion for seeking divorce by mutual consent to explore the possibility of settlement and cohabitation.

“We are of the view that the period mentioned in Section 13B (2) is not mandatory but directory; it will be open to the court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation,” a Bench comprising Justices A.K. Goel and U.U. Lalit said.

Image result for divorce

The apex court said the minimum period of six months can be relaxed by the trial court in certain situations and the estranged couple, who are seeking divorce with mutual consent, can file waiver application after a week of filing the first motion.

The top court also said that in conducting such proceedings, the trial court “can also use the medium of video conferencing and permit genuine representation of the parties through close relations, such as parents or siblings, where the parties are unable to appear in person for any just and valid reason as may satisfy the court, to advance the interest of justice.”

The court noted in its verdict that the object of the cooling off period was to safeguard against a “hurried decision” if there was otherwise a possibility of differences being reconciled.

“Though every effort has to be made to save a marriage, if there are no chances of reunion and there are chances of fresh rehabilitation, the court should not be powerless in enabling the parties to have a better option,” it said.

“In determining the question whether the provision is mandatory or directory, language alone is not always decisive. The court has to have the regard to the context, the subject matter and the object of the provision,” it said.

The Bench was dealing with a plea filed by an estranged couple which had sought waiver of the six month period on the ground that they have been living separately for the past eight years and there was no possibility of their re-union.

Here is the link of judgement Supreme court judgement on cooling off

 

 

 

 
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lawyer

which state and city you are staying ?
 
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I don't know whether the FIR registered or not but Police have sent both of us to the Family Counseling but my spouse is denying to stay with my old parents and I deny to quit my parents. Then the counseling committee has told that they are sending the file back to police and suggested to settle the matter in Police station. I have not hired any lawer till now because I am unable to pay fees. If the case goes back to police station, what will happen then. Please help me Sir.
 
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Advocate

Originally posted by : Simha Raju
I don't know whether the FIR registered or not but Police have sent both of us to the Family Counseling but my spouse is denying to stay with my old parents and I deny to quit my parents. Then the counseling committee has told that they are sending the file back to police and suggested to settle the matter in Police station.

I have not hired any lawer till now because I am unable to pay fees.

If the case goes back to police station, what will happen then.

Please help me Sir.

You are lawyer you say.  Yaak thu. Kyakarss yaak thu. Stop biting nails and ppsting same matter like goat droppings.  LIttle here little there.  Let police come to your door. or just manage police into not registering FIR at all. Go for settlement as these matters will take decades to get decided with no result at all. Settle the matter. Dont tell anyone that you are lawyer.

 
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Dear Sir I am not lawer I am a common man don't know anything about law. This is my own issue i am facing. Thanks for helping me
 
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