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subhendu (consultant)     19 August 2011

How to counter 498a while filing divorce

I stay in Mumbai with my wife and one kid for last 2 years. my father and mother resides in kolkata. recently my wife went to kolkata and there she has beaten my mother severely, without any provocation and ill treatment from my mother's end. such incident has happened earlier also. i warned her to stop cruelty on my family members. this time i have decided to file divorce. in turn my wife and her family members have threatened to file 498 against us. 

i am seeking immediate survival guide from you.

Thanks in advance.



Learning

 11 Replies


(Guest)

I believe that your wife is mentally sick and needs treatment...I care for your kid..otherwise I would have asked your mother to file cases against your wife...and file for divorce simultaneously....


(Guest)

I too agree with Rohit.Keep proofs of that cruelty and file for divorce.

Advocate M.Bhadra   19 August 2011

If you are ready to pay alimony you may file Divorce suit,rather it would better  to file a divorce suit on mutual consent.For your defend against 498a you may lodge a diary to the police about the matters.

Alok Tholiya (self employed)     20 August 2011

Shocking brutality. Can u collect some evidence? Can u find her behaviour before marriage,with others?

Is she also beating children and quarraling with you ?? Neighbours?? If yes then u must find solution.

If not then what is a reason for her to get provoked?? And can we change the conditions and help improve the conditions?? Please also look at your mothers behaviour and whether that needs and improvement. 

Best thing would be to save your marriage in everyone's intersest and after due efforts have failed then go with an evidence to police as police and courts need evidence to take cognisannce of any complaint. 

Kiran Kumar (Lawyer)     20 August 2011

really unfortunate incidents for you...

 

try to keep the necessary evidence in tact...

 

if you are apprehending that your wife is likely to file 498-A complaint then it will be better to file the divorce petition first....it will provide you and your family safegaurds from instant police action.

 

but keep in mind, such kind of disputes involve multifarious litigation....so be ready with time and money...

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 August 2011

Brother,

 

Its either complete surrender or complete fight. No person should remain in any abusive relationship ever.

 

A person who tries to make everyone happy ends up making everyone unhappy.

Sandeep Aggarwal (Advocate)     20 August 2011

Be a man and don't afraid of 498A. Nothing is going to happen. you also file cases against her and also by your mom against her. Go for divorce and fight cases bravely.This 498 will be a weapon all along with ur wife so go ahead and fight and give her a lesson. For any beating record evidence. Make a complaint to police and get medical done. 

Deep (HR Officer)     21 August 2011

Mr. Subhendu,

I am also the victim of this kind of false allegation made by my wife and her cruel parents. I am living with my old parents and i am the only son. They just wanted to separate myself from my parents and extort money from me. Under many threats  i denied to leave my parents-- then they filled false 498a and sec.125 as usually with the support of our lame law system to earn money by sitting at home.

But i dont loose hope and still fighting against them(both the cases since 2 years). In this meantime i loose my job also but not loose my patience.

As a man show them that u have the claw also otherwise they with the support of our foolish law system win over u.

DONT LOOSE HOPE AND KEEP FIGHT.

Deep Pal

Victim of INDIA's Lame Law System

Durgapur, West Bengal

deep81_pal@indiatimes.com


(Guest)

Dear Subendhu,

This female in future will create futher problem for you and your kid...better get rid of her...

You apply for anticipatory bail (Yourself and your parents) and apply for divorce..and if required pay maintenance to her if required...talk to a good lawyer and make sure the kid is with you....

I feel your kid will be better of without her...otherwise if she stays...your kid will see both of you fight all the time and will have problems with relationships when she grows up...

You have to make a choice...

Life is tough but if faught with the right spirit and matured decisions are made...one is at peace..happiness is an illusion...just keep fighting..remember making the right decisions are always the toughest ones..

Regards,

RV


(Guest)

Dear Subhendu,

In every city, there are CAW ( Crime against Woman ) Cells are there. Go to Them. They are better equipped to handle such cases. If at all you have to file case, they will help you. Do not waste time in investigating her behvior yourself. She may be portraying very good image of herself out side but may be behaving very rudely with your family. There is no dearth of such females nowadays.


(Guest)
For a change Mr.Sandeep and Deep have given good advice. Fight 498, whats the big deal, get AB for ur parents, not for you. Make your case stronger, Hell you will be in jail for 24hrs and then apply for normal bail and fight the case. Dont let these females get away with daylight murder. Every other member in this forum keeps giving advice on being careful about 498, that really surprises me, are they going to kill you in jail. NO. Deal with it like a man. Good Luck

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