Sms & dv case
Knowledge Gainer
(Querist) 23 January 2012
This query is : Resolved
WIFE FILED DIVORCE CASE. NO PRIOR DV CASE OR 498A CASE. HUSBAND SENDS SMS TO WIFE TO COME BACK AND RECONCILE. WIFE BEING AGGRIEVED BY SMS SAYS THAT I AM LIVING HAPPILY WITH MY WIDOW MOTHER HUSBAND'S SMS ARE CREATING MENTAL TORTURE TO HER AND HENCE WANT TO FILE DV CASE. WIFE LIVING SEPARATELY SINCE LAST 3 YEARS AND SHE HAS TO FILE AFFIDAVIT OF EVIDENCE BUT SINCE LAST 5 DATES OVER A PERIOD OF SEVEN MONTHS SHE JUST TAKING ADJOURNMENTS ONLY. HUSBAND DON'T WANT DIVORCE. THEY LIVE 3 MONTHS TOGETHER AFTER THEIR MARRIAGE. CAN SHE FILE DV CASE NOW ON THE BASIS OF SMS ONLY? OR DV CASE WHEN COURT CASE IS GOING ON?
ajay sethi
(Expert) 23 January 2012
it is a thoughtful gesture from husband that he wants reconcilation . no case of mental torture made out .
dv case on basis of husband sending sms wanting reconcilation . dv case would be dismissed
Shonee Kapoor
(Expert) 23 January 2012
No case is made out on such things.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 23 January 2012
Nothing to add in the above said replies.
M/s. Y-not legal services
(Expert) 23 January 2012
knowledge gainer.,
what his steps to reunion with his w wife?., ask him to file a rcr petition..
and i feel no prima faci made out for dv case..
about her delay in evidence husband'd advocate should urgent the court..
-tom-
Knowledge Gainer
(Querist) 23 January 2012
Dear Experts,
Thanks for reply.
Can she file 498A case now? In her petition she has mentioned that her in-laws were not providing food, demanding dowry and beating her. Wife has threatened that if I will not convert the case into MCD than within two days Police will reach to his house and all including Father-in-law, Mother-in-Law and two sister-in-laws will be booked behind the bars for sending the sms. What I should do to avoid arrest if any?
M/s. Y-not legal services
(Expert) 24 January 2012
just go for a.b to you and your family..
do something before you loose anything..
-tom
Devajyoti Barman
(Expert) 24 January 2012
Yes, she can file such case at any point of time before decree of divorce is passed.
V R SHROFF
(Expert) 24 January 2012
She cannot succeed dv case now on the basis of sms only. She cannot succeed 498 also, AS 3 YEARS OVER.
Under the circumstances, HUSBAND DON'T WANT DIVORCE, FILE RCR.
SEEMS SHE IS WORKING, NO ISSUE.
I Personally advise , Let her go out of your Life. Once Wife want Divorce, HE MAN MUST IMMEDIATELY GIVE IT. WHY WAITING FOR 3 YEARS AND BEG WITH SMS??
