Upgrad LLM

divorce

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(Querist)
19 October 2009

i have just filed for divorce after she filed a police complaint against me asking me to give her a power of attorney for a flat & also claiming sex abuse of my kids. i filed for divorce under mental cruelity after 13 years of marriage. Can she file sec 498A against me & mom, sis & bro? what do i do to prevert this / overcome this? She has a personality disorder & mostly she may do this??

Please advise ASAP??


n.k.sarin (Expert)
19 October 2009

Mr.Pramod there is no bar to file a suit or complaint u/s 498A against you and your mom and other family members after 13 years of marriage. she can also move under domestic violence act. Try to solve matter amicably.

pramod (Querist)
19 October 2009

Sir

after all that has happened, i can not stay with her anymore. how can i get her consent for mutual divorce?

Adv Archana DeshmukhOnline (Expert)
19 October 2009

She can file 498A against you if she wish. you cannot do anything to prevent it. If she registers an FIR, move for anticipatory bail. If she has any personality disorders, you collect evid. regarding the same. Testimonies of neighbours regarding her behaviour may also be helpful in the cases.

Sachin Bhatia (Expert)
19 October 2009

Yes she can file case under 498 A. If she registerd a FIR then you can move an application for anticipatory bail. Better for you to resolve the matter outside the court as the law is very much in favour of women.

joyce (Expert)
19 October 2009

I agree with all the experts opinion & adopt the same. But one thing, if she files any criminal case aganist u ,then u can take a defense that, after filing ur case she is trying to harresh in this sense also, this also can be the ground of cruelty towards u, u can use this while u approach for anticipatory bail if possible,discuss with ur Advocate.

Adinath@Avinash PatilOnline (Expert)
19 October 2009

she can file complaint against you and your mom,sis and brothers.

niranjanOnline (Expert)
19 October 2009

Husbands have this fear and there is no preventive remedy, one has to face.The opinions expressed above are very correct.

adv. rajeev ( rajoo )Online (Expert)
20 October 2009

after 13 years of marriage she cannot file a case u/s 498A. It relates to dowary harrashment. upto 13 years she kept quiet it is good ground for u to defend. filing a complaint after 13 years it self shows that act is misused.
She can move to the court by taking the benefit of the DV act.

Raj Kumar MakkadOnline (Expert)
20 October 2009

I disagree with Rajeev. FIR can be filed and husand and all other accused impleaded therein can also have to face harassment and the point of 13 years wait for harassment due to dowry can be raised only at the time of final merits argument and till then the aim of the wife must have been fulfilled. better matter be resolved amicably.

Sarvesh Kumar Sharma Advocate (Expert)
20 October 2009

yes she can file sec 498A against u & yr mom, sis & bro.



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