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house wife... (na)     04 August 2014

498 a

as all my previous queries ..

my husband is not ready to take me and my daughter back..police men and all other said u have to file 498a to ur husband now ......

i want to kano if i file 498 a on him then what will happen to my belongings which are still in my husband's custody?

and can my husband file divorce case for cruality...if he files divorce case and i m not ready for it then what judge do to this extent ,,and wether judge help me to take back my share.????

plz tell



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 7 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 August 2014

It would depend upon which state you are in. 498a is generally filed alongwith 406 and do you have bills supporting your claims of Stridhan with her.

 

In Delhi for example, the court may at the time of bail ask him to deposit some amount in court in lieu of Stridhan, whereas that may not be a proposition in UP. In Punjab and Haryana, arrest of the husband would be affected to recover that Stridhan.

 

All in all, AB/ Bail would be granted to him and the chances of recovery from this mode of filing cases is minimal, if you don't have supporting bills.

 

w.r.t. Divorce, either party can file a divorce and the same is decided by the courts on merits, if your husband can show sufficient proofs of cruelty, then he would be granted divorce, otherwise no.

 

 

Regards,

 

If you don't fight for what you want, don't cry for what you LOST.

house wife... (na)     04 August 2014

sir i belongs to punjab

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 August 2014

He may be arrested, but recovery I can not comment.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     04 August 2014

Good Advice ;)

 

These cruelty is not chargeable at all in 498A . :P

 

Mrs. House Wife, I request you not to file 498A.

 

If both of you not interested then you both go to the family court in-persion (without any lawyer) and file petition U/S "13B-Divorce by mutual consent" of Hindu Marriage Act. If you and/or your husband hires lawyers than it will drive lifelong may be even after life. Most of the lawyers are corrupted. They will make you understand something and your husband something else to extort money from both of you. Please both of you leave all of yours egos, both of you go to the family court in-person, make petition in-person and get divorce with mutual consents. Both of you enjoy your new life.

 

Please don't listen the words of these lawyers.

 

They know how to create the problem rather resolved the problem because their income is from your problem.

house wife... (na)     05 August 2014

thanks shonee sir ,

mr. smith u r right in some extent thanks for ur advice too.

bt my husband dont want to take back his kid .not ready to give my gold items not even ready to give any thing for thefuture of my girl child.which kind of justise is this from his side..if i m ready for divorce than what is future of my kid which is his also...

he dont care for her ........very very very bad father i say ..doing wrong with me bt also with a 7 month old child now my daughter is of 2 yrs. my father giving me all expences...

if i file for divorce than will he give us our  right means our share as i m his wife and she is his daughter

my case is genuin ...i m very stressed about that on 7 august police ask me to come and put 498a on my husband.....i m feeling pissed in....all that.....

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     05 August 2014

So are you meaning that filing 498A will make bright future of your child ?

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 August 2014

Dear Madame,

 

Here, I express no opinion of genuineness  of the case. But litigation and protracted litigation at that is a sure way to Mutually Assured Destruction.

 

As Voltiare famously said, "I have never ruined but twice - once when I lost a lawsuit and once when I won one."

 

Dunno how many draw inspiration from this.  Unfortunately I have no solutions in your situation, but I always advise to talk with your husband and find an amicable solution.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

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