Querist :
Anonymous
(Querist) 30 January 2011
This query is : Resolved
My Wife is threatening me of doing sec 498a for the second time on me. Is it possible to to do it considering we are not staying together for almost 1 year now. She calls the local police station and says i am calling and disturbing her and i get calls from Thana. What complaints can i lodge against her? Can i be stopped from seeing my 5 yr old daughter who is with her?
adv. rajeev ( rajoo )
(Expert) 30 January 2011
She can file a case, but you have to face the trial. Ask your wife what she wants. Get it settled once for all.
Guest
(Expert) 30 January 2011
KINDLY NOTE THAT IN CRIMINAL COURTS COMPLAINT CAN BE FILED FOR EVERY FRESH OFFENCE.SIMILARLY UNDER SEC.498A WIFE CAN FILE ANOTHER COMPLAINT .PLEASE NOTE. BUT DUE TO RECENT AMMENDMENT IN CASE COMPLAINT IS FILED UNDER SEC.498A THEN YOU WILL GET SUMMONS FROM THE CONCERNED POLICE STATION AND IN THE MEAN TIME YOU MAY APPLY FOR ANTICIPATORY BAIL TO SAFEGUARD YOURSELF.GOOD LUCK.
Dineshwar Singh Kaushik
(Expert) 30 January 2011
yes,she can file 2nd, 3rd or more time cases u/s498(A).there is no limit for filing criminal cases under any section of IPC. If you are in need you may approch to High Court for quashing u/s482 CR.P.C.
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup