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(Guest)

498a: can a case be filed if another one is already ongoing?

My husband deserted me and our new born child 2 years back when i refused to his ever increasing demands. As i was left alone with my 1 month child, i had to move to my parents home to find care for myself and the baby. He never called or inquired about us and even blocked our phone numbers. On top of that, he filed a divorce case on basis of cruelty which came as a shock to me. I tried reaching out to him by visiting his residence along with the child, but he didn't entertain us. Eventually, I moved to my workplace leaving his city and the case is now transferred via Supreme Court to my workplace city. Mediations were offered by supreme court but he was adamant on divorce without giving any grounds.

 

My lawyer tells me that his case has no strength and it will be dismissed. The hearings are yet to start in the new city.

 

But I have been taking care of my job and my child all alone in a city that is not even my home town. I have suffered this struggle that was imposed on me by my husband after birth of the child. I couldn't even get proper rest and i feel that my child is also deprived of a normal upbringing because of this cruelty. One parent is not supposed to raise the child while another parent is busy in filing fake cases, with an intention to trouble me. When the child was born, the marriage was only one year old and my husband left both of us. He was always emotionally unavailable and this is evident from  the fact that he lodged a fake case on me at  the time when my child was not even 1 month old. Since the case was lodged in another town, I had to struggle to get that transferred to my worktown. I had struggled since then to restart my job, take care of the child singly. He has not communicated with me even for his own child.

 

I feel I must lodge a 498A case on him for deserting me and the child in my post-natal stage. For lodging a fake case during that phase as a preventive measure for himself, with an intention to mentally disturb me. For taking away all financial support. For giving that ongoing case as a reason to not inquire about the child, for being mentally sick and unemotional to even his own child. To burden me with all responsibilities and making me a single parent despite him being alive. For treating marriage as a joke.

 

My question is that can i apply for 498A now, when his case on me is ongoing? While we stayed together during one year of marriage, we were in a different city. Does that prevent me from filing the case now in my city? It is 2 years that he abandoned us, and on top of that filed a fake case on me leaving me all alone to suffer with the child through a burden of all kinds of responsibilities and the headache of going to courts to defend his fake case. This is intentional violence to drive me to depression and much more. I am highly qualified and a strong person, so I am trying to cope up with all the challenges alone. However, I want to seek punishment for him for my situation.



Learning

 12 Replies

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     11 April 2015

After reading your post, I think, you must invoke all the provisions available to you to protect your own rights and your child's rights. Please do file a complaint under 498A, domestic violence act and for child maintenance. Please take advice of a good local lawyer. 

Kapil Chandna (Lawyer at Supreme Court of India)     11 April 2015

Mam, You have all right to file 498A and I feel that's its very rare where husband file false cases, but in you one since he is filing false case he is digging a hole for himself .... Yes better file maintenance, Domestic Violence and 498A ... People like these should be made to suffer for bothering his wife for no reason especially when a small child is there .... Warm Regards Kapil Chandna Adv 9899011450

dr.pawan rajyan (member and secretory)     11 April 2015

498a is for cruelty on wife by husband or his relatives for demand of dowry (money or property or valueably good). I doesnot understand reason behind Why he filed divorce.you can seek maintainance us 24/ In his divorce petition.i donot think you will get anything by filing 498a.otherside if you can not prove 498a it will be ground for him to get divorce. So i suggest you to contest his divorce strongly and apply for maintainance us 24 For you and child rather than filing cases like 498a.

SAINATH DEVALLA (LEGAL CONSULTANT)     11 April 2015

Madhuji,

U have been well advised by the above experts, act accordingly

Born Fighter (xxx)     11 April 2015

You mentioned you are a strong, highly qualified and working women , so you  (EXCLUDING child) stand no chance of getting maintenance from your husband.

The decision of taking the child out of the custody of the father was your's, the father is deprived of the child and that seems to have hurted him . He needs the child as much as the child would need his father. Unfortunately you didn't seem to think about it when you left.  You left his house and then you went back to his residence...... to reconcile .....why ?? where you at fault, ? This action of yours hints that the husband was not so bad that you had already decided to leave him once and for all

 

 

You haven't mentioned what went wrong in your marriage, that is  the most important aspect that would decide whether the case filed by your husband is fake and whether you need to file 498a. Its not easy to believe your husband wants a divorce without any grounds.  Unless you mention complete facts (TRUE FACTS) its difficult to suggest.....

Pls do not waste your time filing 498a / fighting court cases, use your strength in moving on and for a better future.  OR seek help from elders and see if you both can reconcile for the sake of the child.

Filing 498a will close the doors for any reconciliation later.....

What will you get by fighting these cases as suggested by some experts ???? think if its worth the time and whether it will help you in any way to teach a lesson to a man whom you say has filed fake case and has abandoned your child

 

 

FREDYCHARLES RK - Bangalore (Advocate)     11 April 2015

Mam, your post appears very honest ,refined and innocent. But I feel and tend to agree with all the experts above including from Born Fighter. As the adage goes there is no smoke without fire some time somewhere. The fact your dear husband has gone to the extent of filing a case in public domain tells something has gone badly wrong. Why not try a reconciliation ? although 2 years is a long time and not sure if love is remaining with you both but give a try.  I too opine 498a will serve no much value instead seek maintenance/alimony  will not be a bad idea. If in Bangalore please feel free to call at 988627403  for any assistance  


(Guest)

Born Fighter (xxx)     13 April 2015

Mam, you have your husband's child and still call him impotent ??  Can you please check on internet or through some learned medical person what impotency is all about ...... If your husbands case is meaningless then  im sorry to say that your assumption/claim/allegation that hes impotent is absolutely baseless.

 

You say your husband took you to various resorts but he didn't allow you to touch him , was he doing his office work at resorts as he could very well do that at home....

It is clearly evident that your husband was emotionally and psychologically disturbed due to the strain in the marital relationship due to which he was avoiding intimacy, and that's not any disease or impotency.  You both could have peacefully spoken about it and there are many couples who take help of psychologists to fix s*x related issues, which is becoming very normal in relationships.

 

If your husband was impotent he would not return back when he ran away and then file/declare openly in the divorce petition that you call him impotent. Please remember after making such severe allegation the burden of proving in the court that he is impotent (knowing you have his child) rests on you....and if you can't prove that with medical reports/proper evidences your husband will easily get divorce from you, as calling him impotent amounts to severe cruelty. Note your husband can refuse to undergo any medical test to prove his impotency and i doubt the court can force him as he is the biological father of your child.

 

From your entire post no where it seems you have done any mistake. Just take a piece of paper , think for 10 mins and write down where you went wrong, if the answer is NOWHERE, then i can only wish you Good Luck !


(Guest)

SAINATH DEVALLA (LEGAL CONSULTANT)     13 April 2015

It is a doctor required for UR query but not a lawyer. I feel both of U should have good psychiatric counselling for the problem for the differences to end. Right through UR query U have been trying to defend UR self than being emotional for his separation.Engage relatives from both the sides and try for a patch up, other wise both of you will be spoiling UR entire life. This will have an impact on UR child also

SAINATH DEVALLA (LEGAL CONSULTANT)     13 April 2015

One more thing is UR not the actual victim as UR profile suggests. 

T. Kalaiselvan, Advocate (Advocate)     15 April 2015

This is another thread where the member account is deleted.  The query appears to be an intentional one to take advise from here to wreak vengeance by utilising the tips given here. No reply for member account deleted.


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