Refilling of case 498a
Vinu
(Querist) 23 April 2012
This query is : Resolved
Hi,
Myself had filled a case of 498a against my husband,in -lawas in 2004 and a case for divorce also. As my husband was toturing me mentally and physically, and he was a drunker, i did not wanted to stay with him. We had a 1 yr son also at the time of our divorce. As my husband was not giving divorce, my lawyer had told him to sign the divorce papaers and 498a case against him and his family will be withdrawn. Which he did. we were not in contact after 2007 ( the year the divorce was granted ) But in 2012 for the sake of my son, i decided to stay with my husabnd and give our relationship another try. But unfortunately his bad habits are not changed, ( drinking, smoking, suspecting me for his extra marital affairs ) which disturbs me mentally.
My query is (1) where we have to marry again for staying together as husband and wife. (2) if his habits do not change in future also, and if he again tortures me mentally and physically, can i file a 498a case against him for the second time.(3) is there provision in law for this type of cases .
Regards
Vinu
(Querist) 23 April 2012
As i need to take few decisions , kindly reply urgently
SAINATH DEVALLA
(Expert) 23 April 2012
Dear Querist,
After going through your query,I was just brooding over how to answer you.You have filed 498A,got divorce from him,lived separately for 5 years and again came back into his life,and repenting that he has not changed.Officially both of you are not husband and wife,living together is not legal in our country.On what grounds do you think you can file 498A against him,not a valid case.Though you have joined for the sake of your son,how did you assess that he has changed.Well at the time of divorce has he not provided maintenance for yourself and your son.
KIS BHAROSEPE AAP USKE PASS AACHUKI HAI,ACHAHAIKI USNE APPKO APNAYA,MAGAR ADALAT ME KAISEE HAISIYATSE LADOGE AAP.
Deepak Nair
(Expert) 23 April 2012
1. You are required to marry again to live together.
2. You can file 498(a) again. It is not limited to one time.
3. Sec.498(A) itself is the provision.
But, since you know very well that he has not changed at all, then there is no use of a reunion. This is deliberately inviting danger.
ajay sethi
(Expert) 23 April 2012
dont marry again . have a live in relation ship with him . you ahve already sufffered once . dont make the same mistake again
ajay sethi
(Expert) 23 April 2012
you cna if he again troubles you make application under DV act and seek protection order even if you are not married
SAINATH DEVALLA
(Expert) 23 April 2012
Dear Querist,
Even without marrying him for the second time,you say you are facing the same problems,within a short span.The decision is left to you,and this time take a concrete decision.
Shonee Kapoor
(Expert) 23 April 2012
No point marrying the same guy again.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 23 April 2012
I do agree with the opinion of experts which is common.
prabhakar singh
(Expert) 24 April 2012
marrying him again even in same situation which led to divorce and 498a would not be said any prudent decision in my assessment of circumstances you have.
