498a
Advocate Abhijeet singh
(Querist) 24 May 2013
This query is : Resolved
respected sir ,
the query is that my friends who is working in MMC solomly marriage with a girl in the march 2007 , from the very begging the girl was not good in manners, her mother always interfere of my friends house hold decision and her wife also did all type of work according to her mother. in oct 2007 her wife was pregnant and due to some mis understanding the wife went her mother home with her brother and asked I will come tomorrow . in this concern she had not came next day so my friend mother called her home regarding this her fatter refused to sent her daughter .
in June 2008 a son was born and they also refused to sent their daughter . my friend tried a lot for settlement at personal regarding his marriage life but always negative response. now in last 2009 her wife came my friend home and she was going weakly to her mother home when my friend went her home some time she came but some time she refused .
one weekend when he went her home that she refused to gone so he came back home and suddenly that night his father my uncle expired by heart attack . He inform her and she came only for a single day and went her home now from the January 2010 she is her mother home and my friend has not any contact her. tell me in this situation what should he do.
also tell me is there is applicable 498a or other domestic violence after a long gap
sir my friend want to live with her because if he will take divorce he have not money to give to her wife.
one main point is also here my friend's brother in law's marriage also same time and her wife (bhabi of friend wife ) file divorce petition in Jaipur court
Raj Kumar Makkad
(Expert) 25 May 2013
Domestic violence act case can be filed at any time after any gap but 498A cannot be filed after a long separation between the parties.
