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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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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