Can we file 498a


Hi,

My daughter recently married to a boy. This is the 2nd marriage for both of them. But after marriage from the very first day he started using abusive words to my daughter. The marriage is completely a disaster. She couldn't tolerate the mental torture, so she retured back to me. At first she used to go back to him to sort out the things but this was of no use. Even sometimes he demanded dowry. In their 4 months of marriage she couldn't stay more than 15 days with him. Though we don't have any proof of him demanding dowry as he told all these to my daughter verbally what the steps we can take to give him a good lession so that he never dares to spoil life of any other girl. Can we file 498a against him? What type of proof is needed to launch such type of case. Should my daughter stay with him for some more times to make the case strong? Please advise.

Sweta.


Total likes : 1 times

 
Reply   
 
Manager

Nothing happens in 498a and waste of time for both.

Since ur daughter is second marriage..what happened to 1st marriage.

See all 498a cases..after 2 to3 yrs...husband gets aquittal only...

If you are not interested in marriage just get out of it...

It is very difficult to prove 498a in court of law...Waste of time...

 

 

 

 
Reply   
 


Designation

Originally posted by : Sweta
Hi,

My daughter recently married to a boy. This is the 2nd marriage for both of them. But after marriage from the very first day he started using abusive words to my daughter. The marriage is completely a disaster. She couldn't tolerate the mental torture, so she retured back to me. At first she used to go back to him to sort out the things but this was of no use. Even sometimes he demanded dowry. In their 4 months of marriage she couldn't stay more than 15 days with him. Though we don't have any proof of him demanding dowry as he told all these to my daughter verbally what the steps we can take to give him a good lession so that he never dares to spoil life of any other girl. Can we file 498a against him? What type of proof is needed to launch such type of case. Should my daughter stay with him for some more times to make the case strong? Please advise.

Sweta.

since you said it is her second marriage what happened to her first marriage ? anyhow the first marriage will not be taken into consideration now. where is your daughter now with you or  somewhere else ?

 
Reply   
 
Manager

Don't even listen to lawyers....Lawyers take "X" from husband says....We will file defamation case on wife and the very same lawyer takes "Y" amount from wife and says let's file 498a and DV etc and say will teach lesson.

 

After 2 yrs the very same lawyer pushes for settlement....and hence don't listen to them...

If you are not interested in marriage then just come out and move on and go for settlement now only...

Don't even think of 498a...You will roam around courts and nothing u will get...

 

 
Reply   
 
Advocate

In wanting to teach the boy a lesson, you will be spoiling the life of your daughter who too will have to spend countless years roaming Courts. I would advise you either to put an amicable end to the marriage if the other side is willing or else file a contested Petition for Divorce. Both can be, however, done only after a period of 1 year from the date of marriage. 


Total likes : 2 times

 
Reply   
 
Consultant

I admire the views of Raja_498a Victim for bringing to light the relity of life in 498a cases!

 

 
Reply   
 
Consultant

Madam Sweta,

If you don't mind, I may say that if both made 2nd marriage that clearly reveals that both of them, not being aware of the importance of mutual trust and faith between the husband and wife, had not been accommodative to each other by nature.

Better try to get patch up to lead them the life of trusted husband and wife by compromise with each other.

Just give a serious thought, when she gets divorce 2nd time also and be desirous of 3rd marriage, what would be her position for rest of life? Would she or any of you be able to justify the thappening of two events of divorce in such a short spell of her married life? What will you do, if her 3rd marriage proves to be more devastative? Will she continue to file 498a cases every time wherever she would not be able to adjust on remariage after remarriage?

Better realize the relities of life. 498a cases cannot prove to be lucrative every time, if proved so earlier.

 


Total likes : 1 times

 
Reply   
 

Originally posted by : Sweta
Hi,

My daughter recently married to a boy. This is the 2nd marriage for both of them. But after marriage from the very first day he started using abusive words to my daughter. The marriage is completely a disaster. She couldn't tolerate the mental torture, so she retured back to me. At first she used to go back to him to sort out the things but this was of no use. Even sometimes he demanded dowry. In their 4 months of marriage she couldn't stay more than 15 days with him. Though we don't have any proof of him demanding dowry as he told all these to my daughter verbally what the steps we can take to give him a good lession so that he never dares to spoil life of any other girl. Can we file 498a against him? What type of proof is needed to launch such type of case. Should my daughter stay with him for some more times to make the case strong? Please advise.

Sweta.

divorcee marriage?

no use filing any case. 

He is already used to all this.

If you want to waste time file some case and run to courts.

Nothing much will happen.

FIrst marriage debacle ok.

Second one bigger dibacle? not ok.

Learn from past mistake.  Unfit for marriage? Dont remarry.

I think you or your daughter did not learn from mistake.  Marriage = adjustment.  This also not understand means no court can help any of you.


Total likes : 1 times

 
Reply   
 
Consultant

Every one, including a lady expert advocate, has opined against filing a 498a case. Now it is your turn to use your own wisdom, if your daughter cannot think properly about the pros & cons of devastated marriage.

If revenge is the motto, nobody can guess with what heavy handedly the other side would also react.

 

 

 
Reply   
 
Consultant & Legal Analyst

Very nicely explained by each of the experts and an experienced victim also. In such type of cases, booth the parties are put at the receiving end, may be more or less from each other, but the whole of the life of both the parties get spoiled for ever.

Only old age would be the stage for repenting on mistakes for each of the parties.

 

 

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu

web analytics