False 498a

Querist : Anonymous (Querist) 24 May 2024 This query is : Resolved
Respected Sir,
My wife is living separately from 2018. I filed divorce petition on 2020. After receipt of divorce notice, she came to my house & forcefully entered into the house to quarrel with me. Thereafter she file 498A case on 2022 alleging that my family tortured upon her during visit on 2020. Police has submitted chargesheet but not mentioned any incident of torture. Charge is not framed till date.

Can I move before court for discharge on ground of limitation period & chagesheet ( as no allegations as per chargesheet).

Can my separated wife came to my residence during pendency of divorce case?

Is there any law to prohibit such entry to opposite party's residence in this regard ?

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Quick Summary

This discussion addresses a situation where a wife filed a 498A case alleging torture during a visit in 2020, despite living separately since 2018. The police charge sheet reportedly doesn't mention any torture incidents, and charges haven't been framed yet. The user is seeking advice on filing a discharge petition based on limitation and the lack of specific allegations in the charge sheet, as well as whether their estranged wife can legally enter the matrimonial home during divorce proceedings.

T. Kalaiselvan, Advocate (Expert) 24 May 2024
Your estranged wife can very well return to her matrimonial home so long she remains married to you.
You have to wait for the charge sheet to be filed for filing discharge petition.

P. Venu (Expert) 27 May 2024
What do you mean by "Police has submitted chargesheet but not mentioned any incident of torture. Charge is not framed till date."

What is the status of the case? Have you been served with summons for trial?

Querist : Anonymous (Querist) 28 May 2024
Charge is not framed. My advocate will file discharge petition soon.

T. Kalaiselvan, Advocate (Expert) 28 May 2024
Okay, you can proceed as per the advise of your advocate on all such further issues.

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