Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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deep (enterpreneur)     23 October 2009

498A

Can my wife comes to live into my house after filing 498A case against me?

Please also tell me whether I should file a divorce case against her after she has filed 498A case.

Regards,

deep



Learning

 10 Replies

Deekshitulu.V.S.R (B.Sc, B.L)     23 October 2009

Deep

Your first question shows that the wife is very bold and the husband is weak

The next one is no need to file a divorce case immediately. If the allegations in the criminal case are found false then file a case for divorce.

deep (enterpreneur)     23 October 2009

My lawyer has advised me that I should say to the court that I want to live with my wife provided she has taken back her case u/s 498A.

But my problem is if she agrees to live again with me and taken back her case u/s 498A, she can again impose some false allegation against me along with imposing a case u/s 498A and I will be in difficult situation in such a case.

Should I do the same as my lawyer is advising me or I can simply state in the Court  that I don't want to live with her since I know she has fradulent intention towards me.

Kindly advise.

Regards,

deep

Sachin Bhatia (Advocate)     23 October 2009

Mr. Deep you know the situation better than your lawyer, we only gives our advise but its on you to take decision. If you think after  withdrawn the case everthing will be settle down then go for the step. I will suggest you not to file a divorce case. Better to resolve the matter outside the court with the help of elders of the family.

Good Luck

Sachin Bhatia

Advocate

deep (enterpreneur)     23 October 2009

Hi,

Actually my lawyer is saying that for getting easy bail from court you have to say that I want to live with my wife and after getting the bail I can file a divorce application.

But I want to know instead of saying this, can't I say that since the intentions of my wife is malafide, so i don't want to live with her. Will such a statement weaken my chances of getting bail?

Kindly advise,

deep

aatma   24 October 2009

Deep,

You must read this 498A survivor guide:https://ipc498a.wordpress.com/2007/07/01/the-498a-survival-kit/

Visit www.498a.org and join SIF-Yahoo group. You will be enlightened on this 498A related problems. Then you will know how to handle your case with your lawyer.

Gundlapallis (Advocate)     25 October 2009

Getting a Bail?  Does that mean that you are/were under arrest while you posted this question?

498A, a wife can lodge a complaint against her husband and/or in-laws if she was subjected to harrassment or torture by them.  Lodging of complaint and continuance of case on 498A does not disqualify her from staying in her/your home. 

My personal opinion a wife who goes that far ie., to a police station against her husband disrespecting her family and social circles..... not a fit woman to be a housewife  and

on the other hand a husband... who desperates his wife to go to a police station after  exhausting all solutions available within family and social circles... is a unfit humanbeing to live with. 

In both the cases compromises wont work for any good between them.Though they start to live together on compromise  the sweetness in the married life is not going to be the same, for ever.

deep (enterpreneur)     25 October 2009

HI,

I am staying in my friend's home and also SHO is saying that he will not arrest me until he prepares his report,so I am now thinking of getting a bail from court.

I just want to know what  can I do to restrict my wife to again comeback into my house since I know this time her FIR is not so strong and if she comes back again she can do a big scandle against me.

Should I file a divorce case against her in order to restrict her from coming back to my home or give a written application in Police Station that she along with her relatives threatens me and my family members, pls make sure she doesn't stay with me until the 498A case is resolved.

Please suggest.

Regards,

deep

Gundlapallis (Advocate)     27 October 2009

Hi Deep

First dont believe police especially when you are charged against. 

You need to file a case for divorce to get rid of her.

Until the divorce case is finalised in your favour she has that right to live in your house, you cannot prevent it.  Since FIR is not made up yet, you also can lodge a complaint with police against your wife about her behaviour.

Gundlapallis (Advocate)     27 October 2009

You seek anticipatory bail from the court for your protection against the arrest immediately.  Courts are now advised to liberally grant anticipatory bails in 498A cases by the Supreme court.  You will get it dont worry.

Vijaymbhave (It Developer)     19 September 2011

Hello Deep,

Please visit www.advocateseema.in  site for 498a Quash/Divorce and Maintainence denied judgements over this site. Just download some of the judgements and read it.

 

Remember you will get divorce immedietely when you wins 498a case. Just file 498a Discharge application in district court or file 498a quash in High court. Once 498a is over, you can easily get divorce under mental cruelty. Else try to negotiate with your wife and file Divorce under mutual consent. You need not to wait for six months.

Rahul


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